Distance Selling Agreement

Article 1- The purpose of this Regulation is to regulate the implementation principles and procedures regarding distance contracts.

Article 2- This Regulation applies to contracts concluded in writing, visually, electronically, or by using other communication tools, without coming face-to-face with consumers, and for the delivery or performance of goods or services to consumers immediately or at a later date.

Article 3- This Regulation has been prepared based on Articles 31 and 9/A added to the Consumer Protection Law numbered 4077, dated 23/2/1995, by Law No. 4822.

Article 4- In the implementation of this Regulation;

Article 5- Before entering into a distance contract, the following information must be provided to the consumer:

Article 6- Unless the consumer confirms in writing that they have obtained the preliminary information accurately and completely, the contract cannot be concluded. In contracts made in electronic form, this confirmation process is also done electronically. For goods, the consumer must obtain written approval containing preliminary information before the subject of the contract reaches them, and for services, at the latest, before the performance of the contract.

Article 7- It is mandatory to conclude the distance contract in writing, and one copy of this contract must be given to the consumer. The contract must include;

Article 8- The consumer has the right to withdraw from the contract within seven days without undertaking any legal or criminal liability and without stating any reason by rejecting the goods for distance contracts related to the sale of goods, starting from the date of receipt.

In distance contracts related to the provision of services, this period starts on the date the contract is signed. If the performance of the service is agreed to take place before the expiration of the 7-day period, the consumer can exercise the right of withdrawal until the date of commencement of the performance.

The expenses arising from the exercise of the right of withdrawal are borne by the seller or provider.

Contracts for services provided instantly in electronic form and contracts for goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its exercise.

Even if the delivery of the goods is made to a person other than the consumer who is a party to the contract, the consumer can still exercise the right of withdrawal. In this case, the seller receives the goods from the third party in accordance with the provision of the fourth paragraph of Article 9.

The consumer cannot exercise the right of withdrawal for goods produced according to the consumer's special requests and demands, or for goods made personalized by making changes or additions. Additionally, when it comes to goods that, by their nature, cannot be returned, or are likely to deteriorate or expire rapidly, the consumer cannot exercise the right of withdrawal.

If one of the conditions in Article 6 and Article 7 of this Regulation is missing, the seller or provider corrects the deficiency within thirty days at the latest. In this case, the 7-day period starts from the date when the information about the correction is communicated to the consumer in writing.

If the amount paid by the consumer is partially or entirely covered by the seller or provider or based on an agreement between the seller or provider and the lender when exercising the right of withdrawal, the credit agreement terminates automatically without any obligation to pay any compensation or penalty. However, for this, the notice of withdrawal must be communicated to the lender in writing.

Obligations of the Seller and Provider

Article 9- The seller or provider is obliged to fulfill its performance within thirty days from the moment it receives the consumer's order at the latest. This period can be extended for up to ten days at most, provided that it is notified to the consumer in writing in advance.

The seller or provider is obliged to return the amount, negotiable instrument, and any document putting the consumer into debt, within ten days from the date it receives the consumer's withdrawal notice, and also to take back the goods within twenty days.

The seller or provider delivers one copy of the contract and one copy of the written confirmation of the confirmation of the preliminary information to the consumer by ensuring that it is signed by the consumer's own handwriting before the delivery or performance of the subject of the contract, goods, or services. In case of a dispute, the burden of proof is on the seller or provider.

Based on a valid reason and provided that the period of performance arising from the contract has not expired and it is stated in the contract, the seller or provider can supply goods or services of equal quality and price to the consumer. If the seller or provider claims that the fulfillment of the contract becomes impossible by invoking that the performance of the contractual obligations has become impossible, they shall notify the consumer of this before the expiration of the performance obligation arising from the contract. It returns the paid amount and all documents putting the consumer into debt to the consumer within 10 days.

Article 10- In distance contracts, if the payment is made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the payment transaction has been used without their consent and unlawfully. In this case, the issuing institution refunds the payment amount to the consumer within 10 days from the date the objection is notified to them.

Article 11- The provisions of this Regulation;

Article 12- This Regulation enters into force on 14/6/2003.

Article 13- The provisions of this Regulation are executed by the Minister of Industry and Trade.