DISTRIBUTION AGREEMENT REGULATION
Purpose, Scope, Basis and Definitions
ARTICLE 1 – (1) To regulate the procedures and principles of application of the purpose of this Regulation regarding distant contracts.
ARTICLE 2 – (1) This Regulation shall apply to distant contracts.
(2) Provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) the use of this telephone by telecommunication operators via public telephone,
ç) Services related to betting, lottery, lottery and similar games of chance,
d) The formation, transfer or acquisition of the immovable property or the rights relating to such property,
e) Housing leasing,
f) Package tours,
g) Circuit property, circuit holidays, long-term holiday services and their resale or exchange,
ğ) Delivery of daily consumption items such as food and beverages to the consumer’s residence or workplace within the framework of the regular delivery of the seller,
h) Without prejudice to the obligation to provide information in subparagraphs (a), (b) and (d) of paragraph 1 of Article 5 and the obligations contained in Articles 18 and 19, passenger transport services,
ı) Installation, maintenance and repair of the goods,
i) social services for the support of families and persons such as nursing home services, children, elderly or patient care
do not apply to contracts related to
ARTICLE 3 – (1) This Regulation has been prepared on the basis of Articles 48 and 84 of the Law No. 6502 dated 7/11/2013 on the Protection of Consumers.
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any kind of data, such as computer programs, applications, games, music, video and text, b) Service: Any kind of consumer action outside the provision of goods made or undertaken against a fee or benefit,
c) Permanent data store: Data, such as text messages, electronic mail, internet, disc, CD, DVD, CD, DVD, etc., which the consumer sends or submits the information to him so that it can be reasonably considered for the purpose of a reasonable period of time and copied unaltered, memory card, and so on all kinds of vehicles or environments,
ç) Law: Law No. 6502 on the Protection of Consumers,
d) Commodity: The subject of exchange; software, sound, image and all kinds of tangible goods prepared for use in electronic environment with immovable properties for movable, residential or holiday purposes,
e) Distance contract: Contracts established by using the telecommunication means between the parties as far as the establishment of the contract between the parties and at the time of the establishment, without the simultaneous physical presence of the seller or the supplier and the consumer, for the remote marketing of the goods or services,
f) Provider: Real or legal person acting on behalf of or acting on behalf of the service provider or service provider for commercial or professional purposes, including public entities,
g) Seller: A natural or legal person who offers goods to or sells goods for commercial or professional purposes, including public entities,
ğ) Consumer: Real or legal person acting for commercial or non-professional purposes,
h) Remote communication medium: Any medium or medium that allows the establishment of a contract without physical confrontation such as letter, catalog, telephone, fax, radio, television, electronic mail message,
ı) Subcontracting contract: A contract for goods or services provided to the consumer by the seller, supplier or a third party in connection with a distance contract, in addition to the goods or services subject to the contract
Preliminary Information Liability
ARTICLE 5 – (1)
The consumer must be informed by the seller or the supplier to include all of the following, before establishing the distance contract or accepting any corresponding offer.
a) the basic characteristics of the contractual goods or services,
b) the name or title of the vendor or provider, if any, MERSIS number,
c) the identity and address of the seller or supplier acting on behalf of or on behalf of the seller or provider, including the address, telephone number and similar contact information of the seller or provider, which allows the consumer to contact the seller or the supplier in a timely manner,
(c) If there is different communication information specified in (c) for the complainant of the consumer or the supplier of the supplier,
d) the total price of the goods or services including all taxes, the method of calculating the price if it can not be pre-calculated by nature, the additional costs, if any, of all shipping, delivery and similar costs,
e) In the case that the usage fee of the telecommunication vehicle is not calculated on the ordinary fare basis during the establishment phase of the contract,
f) Information on payment, delivery, execution, if any, and any settlement methods related to the complaints of the seller or supplier,
ğ) Clear address, fax number or electronic mail information,
h) information on whether the consumer can not take advantage of the right to withdraw or on which conditions he will lose his right to withdraw in the case where the right of withdrawal in accordance with Article 15 can not be used,
ı) Deposits or other financial guarantees and the related conditions, if any, to be paid or provided by the consumer, upon request of the seller or the supplier,
i) technical protection measures, if any, that may affect the functionality of digital content,
j) information about which hardware or software the digital content may work with, which the vendor or provider is expected to know or reasonably know about,
k) Information that consumers can make applications on the dispute to the Consumer Tribunal or the Consumer Arbitration Board.
(2) The information in the first paragraph is an integral part of the distance contract, and this information can not be changed unless the parties explicitly agree.
(3) If the seller or the supplier fails to fulfill the obligation to inform of the additional costs of the first paragraph (d), the consumer is not obliged to meet them.
(4) The total price of the first paragraph (d) must include the total cost for each billing period in indefinite-term contracts or in fixed-term subscription contracts.
(5) Contracts established through auction or auction may include information on the auctioneer in lieu of the information contained in subparagraphs (b), (c) and (c) of the first paragraph.
(6) The burden of proof that the information has been provided belongs to the seller or the supplier.
ARTICLE 6 – (1)
The Consumer shall, in all matters referred to in the first subparagraph of Article 5, be made available to the Seller or the Supplier in written or permanent data in an understandable format, clear, plain and legible, at least twelve points in size, he has to be informed by his bailiff.
(2) In case the distance contract is established via internet, the seller or provider; a) The information contained in subparagraphs (a), (d), (g) and (h) of the same paragraph, as a whole, shall be clearly and immediately prior to the consumer’s obligation to pay, without prejudice to the informational obligation contained in the first paragraph of Article 5 also show,
b) Clearly and clearly indicate whether any delivery restrictions have been applied and which payment instruments have been accepted, at the latest before giving up the consumer order
It is difficult.
(3) If the distance contract is established via voice communication, the seller or provider shall make a clear and concise statement immediately prior to ordering the consumer, in the context of subparagraphs (a), (d), (g) and (h) and to send all of the information in the first paragraph of Article 5 to the delivery of goods or service in writing at the latest.
(4) If the contractor establishes a distance contract through an environment in which the order information is provided in a limited area or at the time, the seller or supplier shall notify the buyer or supplier of the order in paragraphs (a), (b), (d), (g) and (h) in order to inform the consumer in a clear and understandable manner immediately before placing an order, and to send all the information contained in the first paragraph of Article 5 to the delivery of goods or services in writing at the latest.
(5) In the contracts for the sale of services which are established by the methods mentioned in the third and fourth paragraphs and which are executed immediately, only the consumer shall be placed in the subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 immediately before ordering it is sufficient to be informed clearly and clearly in field matters.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or the supplier shall ensure that the consumer confirms the preliminary information in the manner specified in clause 6, in accordance with the remote communication medium used. Otherwise the contract is deemed not to have been established.
Other liabilities related to preliminary information
ARTICLE 8 –
(1) The seller or the supplier must inform the consumer clearly and concisely that the order is payable immediately before approving the consumer order. Otherwise the consumer is not tied to the order.
(2) In the event that the consumer is called by the seller or provider for the purpose of establishing a distance contract, he / she must disclose the identity of the seller or provider at the beginning of each opinion, if he or she is searching for or on behalf of another person.
Use of the Right of Withdrawal and Obligations of the Parties
Right to withdraw
ARTICLE 9 –
(1) The consumer has the right to withdraw from the contract without any justification and without penal terms within fourteen days.
(2) The right of revocation is the day on which the contract is established on contracts for service performance; contracts for goods delivery begin on the day the consumer or the third party determined by the consumer receives the goods from the delivery. However, the consumer can use the right to withdraw within the period from the establishment of the contract to the delivery of the goods.
(3) Determination of the right of withdrawal;
a) On the day of receipt of final goods by the consumer or the third party determined by the consumer,
b) On the day of receipt of the last item by the consumer or by the third person determined by the consumer,
c) on the contracts on which goods are regularly delivered for a specified period of time, on the day of receipt of the first goods by the consumer or by the third party determined by the consumer
(4) Delivery of the goods by the seller to the carrier shall not be accepted as delivery to the consumer.
(5) In contracts where goods delivery and service delivery are concluded, the right to withdraw goods delivery shall apply.
ARTICLE 10 –
(1) The seller or the supplier is obliged to prove that the consumer is informed about the right of withdrawal. If the consumer is not properly informed about the right to withdraw, he is not tied up for a period of fourteen days to exercise his right to withdraw. This is the end of a year after the end of the withdrawal period.
(2) In the case of a notice of the right to withdraw within a period of one year, the period of fourteen day withdrawal shall commence from the day on which such notification is made.
Use of your right to withdraw
ARTICLE 11 –
(1) It is sufficient that the right to withdraw the right to withdraw shall be sent to the seller or supplier in writing or in permanent form before the withdrawal period has expired.
(2) In the exercise of the right of withdrawal, the consumer may use the form contained in the Annex, as well as a clear reminder of the decision to withdraw. The seller or the supplier may also offer an option on the website to allow the consumer to fill in this form or send out a cancellation notice. If the right to revoke the consumer through the website is offered, the seller or the supplier must immediately inform the consumer of the confirmation of receipt of the withdrawal requests by the consumer.
(3) In the case of sales made through voice communication, the seller or the supplier must send the form contained in the EK to the consignee at the latest until delivery of goods or performance of service. Consumers can also use this form to use the right of withdrawal in such sales, as well as use the second method.
(4) The obligation to prove the use of the right of withdrawal in this article belongs to the consumer.
Seller or provider’s obligations
ARTICLE 12 –
(1) The seller or the supplier shall be obliged to return all collected charges, including the cost of delivering the goods to the consumer, within fourteen days from the date of receipt of the consumer’s right to withdraw.
(2) The seller or the supplier must make all the repayments mentioned in the first paragraph in one payment, in a manner appropriate to the means of payment used by the consumer at the time of purchase and without any cost or obligation to the consumer.
(3) In the exercise of the right of withdrawal, the consumer shall not be liable for the expenses related to the item if the goods are returned by means of the carrier specified by the seller for the return within the scope of paragraph (g) of paragraph 1 of Article 5. In the event that the buyer does not specify any carrier for refund, the consumer can not be charged for the refund charge. In the event that the carrier stated in the preliminary information for return does not have the branch where the consumer is located, the seller is obliged to ensure that the goods requested to be returned are received from the consumer without requesting any additional costs.
Obligations of the consumer
ARTICLE 13 –
(1) Unless the seller or the supplier makes a proposal that he shall take back the goods, the consumer must return the goods to the seller or the supplier or the authorized person within ten days from the date he directs the use of the right to withdraw.
(2) The consumer is not responsible for any changes or deterioration of the product during the period of cancellation if it is used in accordance with the goods, operation, specifications and instructions for use.
Effect of the right of withdrawal on side contracts
ARTICLE 14 –
(1) The provisions of Article 30 of the Act shall be reserved, and if the consumer uses the right of withdrawal, the subcontracts shall automatically terminate. In this case, the consumer is not obliged to pay any costs, compensation or penal terms other than those specified in the second paragraph of Article 13.
(2) The seller or the supplier shall promptly notify the third party, who is the party to the side contract, that the consumer is using the right to withdraw.
Exceptions to the right to withdraw
ARTICLE 15 –
(1) Unless otherwise agreed by the parties, the consumer shall not be entitled to exercise the right of withdrawal in the following contracts:
a) Contracts relating to goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier.
b) Commodity contracts prepared in accordance with the consumer’s wishes or personal needs.
c) Contracts for the delivery of goods which can be quickly deteriorated or whose expiry date may pass.
ç) After the delivery, goods such as packaging, tape, seal, package are opened; contracts for delivery of unsuitable goods for health and hygiene.
d) Commodities that are mixed with other products after delivery and which can not be separated by nature.
e) Contracts relating to books, digital content and computer consumables provided in the physical environment in the event that preservatives such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for delivery of periodicals, such as newspapers and magazines, except those provided under the Subscription Agreement.
g) contracts for accommodation, goods transport, car rental, food and beverage supply and leisure time for leisure or recreation, which must be carried out on a specific date or period.
ğ) Contracts relating to immediate services rendered in electronic environment or intangible goods delivered at the moment of consumption.
h) Contracts relating to services commenced with the approval of the consumer before the end of the right to withdraw.
Contracting and delivery
ARTICLE 16 –
(1) The seller or the supplier must fulfill the performance of the consumer’s order within the time commissioned from the date on which the order is received. This period of time can not exceed thirty days in any case.
(2) If the seller or the supplier fails to fulfill the obligations under the first paragraph, the consumer contract may be terminated.
(3) In the case of termination of the contract, the seller or the supplier shall pay all the collected payments, including delivery expenses, within 14 days from the date on which the notice of termination has been received to him, with the legal interest determined in accordance with the Article, and to return all negotiable documents and similar documents that put the consumer into debt.
(4) In the event that the fulfillment of the goods or services ordered is impossible, the seller or the supplier shall notify the purchaser in writing or with the permanent data recorder within three days of the date of the notification, and all payments, including delivery charges, it must be returned within 14 days at the latest. The absence of stooping of the goods is not regarded as the impossibility of the fulfillment of the performance of the goods.
Liability from harm
ARTICLE 17 –
(1) The seller is responsible for the loss and damage caused by the delivery of the goods to a third party, which the consumer or the consumer will determine outside the carrier.
(2) If the Consumer asks the merchant to send the goods to the carrier with a carrier other than the one specified by the seller, the seller is not liable for any loss or damage that may occur from the delivery of the goods to the carrier concerned.
Phone usage fee
ARTICLE 18 –
(1) In the case that a telephone line is allocated by the seller or the supplier so that the consumer can communicate with the established contract, the seller or the supplier can not choose a tariff higher than the regular tariff.
ARTICLE 19 –
(1) Before the contract is established, it is obligatory to obtain the clear approval of the consumer so that any additional cost arising from the contractual obligation other than the agreed base price can be claimed.
(2) If the consumer has made a payment due to the fact that the options giving the additional payment obligation are presented automatically without clear approval of the consumer, the seller or the supplier must make the payment for these payments immediately.
Storage of information and obligation of proof
ARTICLE 20 – (1) The seller or the supplier shall keep the information and documents for each transaction concerning the right of withdrawal, information, delivery and other matters set out in this Regulation for three years.
(2) Those who mediate the establishment of distant contracts on behalf of the vendor or provider by using or making use of the means of communication remotely in the framework of the system they create, keep records for the transactions made with the vendor or the provider for three years for the matters contained in this Regulation, institutions and consumers.
(3) The seller or supplier is obliged to prove that the intangible goods delivered to the consumer in the electronic environment or the services rendered are unsubstantiated.
Miscellaneous and Final Provisions
Regulation removed from enforcement
ARTICLE 21 –
(1) The Regulation on Distance Agreements published in the Official Gazette dated 6/3/2011 and numbered 27866 has been abolished from the date of enforcement.
ARTICLE 22 – (1) This Regulation shall enter into force three months after the date of its publication.
ARTICLE 23 – (1) The provisions of this Regulation shall be executed by the Minister of Customs and Trade.
EXAMPLE SAMPLE FORM
(This form should only be filled out if you want to use the right to withdraw from the contract
It will be sent.)
– To: (In this section to be filled by the vendor or provider, the name or address of the vendor or provider, if applicable, the fax number and e-mail address)
I declare that I have the right to withdraw from the contract for the sale of the following goods or the submission of services with this form.
– Order date or delivery date:
– Not subject merchandise or service:
– Not subject to the right of goods or services subject to:
– Name and surname of the supplier:
– Signature of the contractor: (only if sent on paper)