DISTANCE CONTRACTS REGULATION
Purpose, Scope, Basis and Definitions
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.
ARTICLE 2 – (1) This Regulation is applicable to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this phone with telecommunication operators through public phones,
ç) Services related to betting, drawing, lottery and similar games of chance,
d) Formation, transfer or acquisition of immovable property or rights related to these properties,
e) Housing rental,
f) Package tours,
g) Timeshare vacation, long term vacation service 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 regular deliveries of the seller,
h) Passenger transport services, provided that the obligations to provide information in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations contained in articles 18 and 19 are reserved,
ı) Installation, maintenance and repair of goods,
i) Social services to support families and individuals such as nursing home services, child, elderly or patient care
It does 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 on Consumer Protection dated 7/11/2013 and numbered 6502.
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any data presented in digital form such as computer programs, applications, games, music, videos and text,
b) Service: The subject of any consumer transaction other than providing goods that are committed or undertaken in return for a fee or benefit,
c) Permanent data storage: Short message, electronic mail, internet, disk, CD, DVD, which enables the information sent or sent to the consumer to be recorded and copied without modification for a reasonable period of time in accordance with the purpose of this information, memory card and any other similar device or medium,
ç) Law: Law No. 6502 on Consumer Protection,
d) Goods: Subject to shopping; movable property, residential or holiday immovable properties and software, sound, image and similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts established between the parties by using remote communication tools, including the moment of conclusion of the contract, within the framework of a system established for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer,
f) Provider: A real or legal person who provides services to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the service provider,
g) Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the person offering the goods,
ğ) Consumer: Real or legal person acting for commercial or non-professional purposes,
h) Remote communication tool: Any tool or medium that allows the establishment of a contract without physical confrontation, such as letter, catalog, telephone, fax, radio, television, electronic mail message, short message, internet,
ı) Ancillary contract: The contract regarding the goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, the supplier or a third party in relation to a distance contract.
Prior Information Obligation
ARTICLE 5 – (1) The consumer must be informed by the seller or the provider before the establishment of the distance contract or accepting any corresponding offer, including all of the following.
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or supplier, MERSİS number, if any,
c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to contact the seller or provider quickly, and the identity and address of the seller or provider acting on behalf or account,
ç) If the seller or the provider has contact information different from the one specified in clause (c) for submitting the consumer’s complaints, the information regarding these,
d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all transportation, delivery and similar additional costs, if any, and the information that additional costs may be paid if these cannot be calculated in advance,
e) During the establishment of the contract, the cost of using the remote communication tool will be calculated over the usual fee schedule.