Distance Sales Contract
Regulation of Distance Sales
Thursday, November 27, 2014 Issue: 29188
official newspaper
regulation
From the Ministry of Industry and Trade:
REGULATION ON DISTANCE CONTRACTS
PART ONE
Purpose, Scope, Basis and Definitions
Purpose
ARTICLE 1- THE PARTIES
(1) The purpose of this Regulation is to regulate the application procedures and principles related to distance contracts.
Scope
1.1- SELLER
Title :
COŞKUNOĞLU PESTILENCE&KÖME
Organized Industrial Zone 4.street No:6
29100 Merkez/Gümüşhane
info@coskunoglupestil.com
0532 714 69 70
1.2- RECEIVER
ARTICLE 2- SUBJECT MATTER OF THE CONTRACT:
(1) This Regulation applies to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Related to sales made through automatic machines,
c) Concluded with those who provide telecommunications services through the use of public telephones,
ç)Services related to betting, sweepstakes, lottery and similar games of chance,
d) Formation, transfer or acquisition of immovable property or rights related to these goods,
e) Housing rental,
f) Package tours,
g) Timeshare, time off, long-term holiday service and their resale or exchange,
d) Delivery of daily consumer goods such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,
h) passenger transportation services, provided that the obligation 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,
i) Assembly, maintenance and repair of goods,
i) Social services aimed at supporting families and people, such as hospice services, child, elderly or patient care
it does not apply to related contracts.
Fulcrum
ARTICLE 3- PRODUCT INFORMATION:
(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: All kinds of data presented digitally, such as computer programs, applications, games, music, videos and texts,
b) Service: The subject of all kinds of consumer transactions other than the provision of goods made or committed to be made in exchange for a fee or benefit,
c) Permanent data storage: Text messages, electronic mail, internet, disk, CD, DVD, memory card and any other similar means or media that allows the consumer to save or copy the information sent to him in such a way as to allow him to study this information for a reasonable period of time in accordance with the purpose and to access this information in kind,
ç) Law: Law No. 6502 on Consumer Protection,
d) Goods: Movable goods, immovable goods for residential or holiday purposes that are the subject of shopping, as well as software, audio, video and all kinds of similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts established between the seller or provider and the consumer without the simultaneous physical presence, within the framework of a system created for the remote marketing of goods or services, up to the moment of establishment of the contract between the parties and by using remote means of communication, including the moment when it was established Dec,
f) Provider: A natural 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 one who offers the goods,
h) Consumer: A natural or legal person acting for commercial or non-professional purposes,
i) Means of remote communication: Any means or medium that allows the establishment of a contract without physical confrontation, such as a letter, catalog, telephone, fax, radio, television, electronic mail message, text message, Internet,
i) Side contract: In connection with a distance contract, the seller, provider or a third party enters into a contract for the goods or services provided to the consumer in addition to the goods or services subject to the contract.
PART TWO
Obligation of Prior Information
Preliminary information
ARTICLE 5 -
(1) The consumer must be informed by the seller or provider before the establishment of a distance contract or accepting any corresponding offer, including all of the following issues.
a) The basic qualities of the goods or services subject to the contract,
b) The name or title of the seller or supplier, if any, the MERSIS number,
c) The identity and address of the person acting on behalf or account of the seller or provider, if any, with the open address, phone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider,
ç) If the seller or provider has contact information other than that specified in subparagraph (c) in order to forward the consumer's complaints, the information related to them,
paying October 1 October d) The total price of the goods or services, including all taxes, if it cannot be calculated in advance by nature, the method of calculating the price, if any, all additional costs for transportation, delivery and similar, if any, and the information that additional costs can be paid if they cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool during the establishment of the contract cannot be calculated according to the usual fee tariff, the additional cost charged to consumers,
f) Pay, delivery, performance-related information and related commitments, if any, and the seller's or provider's methods of resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, duration, procedure for using this right and information about the carrier provided by the seller for the return,
d) in cases where the right of withdrawal cannot be exercised in accordance with article 15, information on whether the consumer will not be able to benefit from the right of withdrawal or under what conditions he will lose the right of withdrawal,
h) Deposits or other financial guarantees that must be paid or provided by the consumer at the request of the seller or provider, if any, and the conditions related to them,
i) Technical protection measures, if any, that may affect the functionality of digital content,
i) Information that the seller or provider knows, or reasonably expects to know, about which hardware or software the digital content can work with,
j) Information that consumers can submit their applications to the Consumer Court or the Consumer Arbitration Committee regarding the dispute.
(2) The information specified in the first paragraph is an integral part of the distance agreement and this information cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or the provider does not fulfill the obligation to inform about the additional costs contained in Oct. (d) of the first paragraph, the consumer is not obliged to cover them.
(4) The total price set out in subparagraph (d) of the first paragraph must include the total costs on the basis of each billing period in indefinite-term contracts or fixed-term subscription contracts.
(5) In contracts established by auction or reduction, information related to the person conducting the auction may be included instead of the information contained in paragraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the fact that preliminary information has been provided belongs to the seller or provider.
ARTICLE 6 - (1) The consumer must be informed in writing by the seller or provider in a clear, simple and readable manner in accordance with the remote communication tool used, at least twelve points in size, in accordance with the first paragraph of article 5, or with a permanent data storage device, in all matters specified in the first paragraph of article 5.
(2) If the distance contract is established via the Internet, the seller or the provider;
a) without prejudice to the obligation of information contained in the first paragraph of article 5, to clearly display the information contained in paragraphs (a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer becomes under the obligation to pay separately,
b) The consumer must clearly and understandably indicate whether any shipping restrictions are applied and which paying means are accepted no later than before placing the order.
(3) If a distance contract is established by voice communication, the seller or provider must inform the consumer clearly and clearly in this environment immediately before placing an order in the matters contained in paragraphs (a), (d), (g) and (h) of the first paragraph of article 5 and send all the information contained in the first paragraph of article 5 in writing no later than the delivery of goods or performance of services.
(4) If a distance contract is established through an environment where information about the order is provided in a limited space or time, the seller or provider must inform the consumer in a clear and understandable way in this environment immediately before placing an order and send all the information contained in the first paragraph of article 5 in writing no later than the delivery of goods or the performance of services in accordance with the provisions of subparagraphs (a), (b), (d), (g) and (h).
(5) In contracts for sales of services established by the methods specified in the third and fourth paragraphs and executed immediately, it is sufficient that the consumer is clearly and clearly informed about the issues contained in subparagraphs (a), (b), (d) and (h) of the first paragraph of article 5 in this environment immediately before placing an order.
Confirmation of preliminary information
ARTICLE 7 -
(1) The seller or provider is obliged to ensure that the consumer confirms that he has obtained preliminary information by the methods specified in article 6 in accordance with the remote communication tool used. Otherwise, the contract is deemed not to have been established.
Other obligations related to preliminary information
(2) The period of the right of withdrawal begins to apply in contracts for the delivery of goods from the day the consumer receives the delivery of the goods, and in other contracts from the day the contract is concluded.
(3) In case the seller or the provider does not fulfill the obligations specified in articles 5 and 6, the period of the right of withdrawal is three months. This period begins to apply in contracts for the delivery of goods from the day the consumer receives the delivery of the goods, and in other contracts from the day the contract is concluded. However, if the obligations specified in articles 5 and 6 are fulfilled within a three-month period, the seven-day period of the right of withdrawal specified in the first paragraph begins to operate from the day on which these obligations are fulfilled. It is sufficient that the declaration of will stating that the right of withdrawal has been exercised is notified in writing or by a continuous data carrier within this period.
(4) Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following agreements.
a) Service contracts that are started to perform the service with the approval of the consumer before the expiration of the right of withdrawal period.
b) Contracts for goods whose price is determined on the stock exchange or other organized markets.
c) Contracts for the delivery of goods prepared in accordance with the consumer's wishes or clearly his personal needs, which by their nature are not suitable for repatriation and are in danger of rapid deterioration or are likely to pass the expiration date.
ç) Contracts related to audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
d) Contracts for the delivery of periodicals such as newspapers, magazines.
e) Contracts for the performance of betting and lottery-related services.
f) Contracts related to services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.
(5) In distance agreements where a loan is granted to the consumer by the seller or provider or a third party cooperating with him for the full or partial performance of his debt, the loan agreement also expires without any obligation to pay any compensation or punitive terms if the consumer exercises the right of withdrawal within the provisions of this article. However, for this purpose, the withdrawal notification must also be sent to the lender in writing. The mutual return obligations of the parties are reserved.
Other obligations related to preliminary information
ARTICLE 8 -
(1) The seller or the provider must inform the consumer in a clear and understandable way that the placed order means paying obligation immediately before the consumer approves the order. Otherwise, it is not connected with the consumer order.
(2) If the consumer is called by the seller or provider by phone for the purpose of establishing a distance agreement, the seller or provider must disclose his identity at the beginning of each call, if he is looking for someone else's name or account, the identity of this person and the commercial purpose of the call.
PART TWO
The Exercise of the Right of Withdrawal and the Obligations of the Parties
Right of withdrawal
ARTICLE 9 -
(1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any punitive conditions.
(2) The period of the right of withdrawal begins on the day on which the contract is established in contracts for the performance of services; and in contracts for the delivery of goods, on the day on which the consumer or the third party determined by the consumer receives the delivery of the goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) In the case of goods that are the subject of a single order and are delivered separately, the consumer or a third party determined by the consumer receives the delivery of the last goods on the day,
b) For goods consisting of more than one part, the day on which the consumer or a third party determined by the consumer receives the delivery of the last part,
ARTICLE 11 -
(1) It is sufficient that the notification of the exercise of the right of withdrawal is sent to the seller or provider in writing or with a permanent data storage device before the expiration of the right of withdrawal.
(2) In the exercise of the right of withdrawal, the consumer may use the form contained in the ANNEX, as well as make an explicit declaration notifying the withdrawal decision. The seller or provider may also offer an option via the website for the consumer to fill out this form or send a withdrawal statement. If the right of withdrawal is offered to consumers via the website, the seller or provider must immediately transmit to the consumer confirmation information that the withdrawal requests submitted by consumers have reached them.
(3) For sales made by voice communication, the seller or the provider must send the form contained in the ANNEX to the consumer no later than the delivery of the goods or the performance of the service. The consumer can use this form to exercise the right of withdrawal in such sales, as well as use the methods in the second paragraph.
(4) The obligation of proof regarding the use of the right of withdrawal mentioned in this article belongs to the consumer.
Obligations of the seller or provider
ARTICLE 12 -
(1) The seller or provider is obliged to refund all paid payments, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the consumer has exercised the right of withdrawal.
Paying paid refunds (2) The seller or the provider is obliged to make all the refunds specified in the first paragraph at once in accordance with the payment instrument used by the consumer when purchasing and without incurring any costs or obligations to the consumer.
(3) In the exercise of the right of withdrawal, in accordance with subparagraph (g) of the first paragraph of article 5, if the goods are sent back through the carrier specified by the seller for return, the consumer shall not be held responsible for the costs related to return. If the seller does not specify any carrier for the return in the preliminary information, no price related to the return cost can be charged from the consumer. In case the carrier specified in the preliminary information for the return does not have a branch in the place where the consumer is located, the seller is obliged to ensure that the goods to be returned are received from the consumer without requesting any additional costs.
Obligations of the consumer
ARTICLE 13 -
(1) Unless the seller or provider makes an offer that he will return the goods, the consumer must return the goods to the seller or provider or to the person he has authorized within ten days from the date on which he has sent a notification that he has used the right of withdrawal.
(2) The consumer is not responsible for changes and distortions that occur if he uses the product in accordance with its operation, technical characteristics and instructions for use during the withdrawal period.
The effect of the exercise of the right of withdrawal on side agreements
ARTICLE 14 -
(1) Provided that the provisions of Article 30 of the Law are reserved, side agreements shall also terminate spontaneously if the consumer exercises the right of withdrawal. In this case, the consumer is not obliged to pay any costs, compensation or punitive conditions except for the cases specified in the second paragraph of Article 13.
(2) The seller or the provider must immediately inform the third party, which is a party to the side contract, that the consumer has exercised the right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 -
(1) Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following contracts:
(a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
(b) Contracts for goods prepared in accordance with the wishes or personal needs of the consumer.
(c) Contracts for the delivery of goods that may deteriorate quickly or expire.
(ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of those whose return is not suitable for health and hygiene.
(d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
(e) Contracts for books, digital content and computer consumables presented in the material environment if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
(f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
(g) Contracts related to accommodation, transportation of goods, car rental, food and beverage supply and evaluation of leisure time made for entertainment or recreation purposes, which must be made on a certain date or period.
(d) Contracts related to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
(h) Contracts for services whose performance has been started with the approval of the consumer before the expiration of the right of withdrawal period.
THE FOURTH PART
Other Provisions
Performance of the contract and delivery
ARTICLE 16-
(1) The seller or provider is obliged to fulfill the performance of the consumer's order within the period committed by him from the date of arrival. In case of goods sales, this period cannot exceed thirty days in any case.
(2) In the event that the seller or the provider does not fulfill the obligation contained in the first paragraph, the consumer may terminate the contract.
Paying paid interest and Default Interest (3) In case of termination of the contract, the seller or the provider is obliged to repay all payments collected, including delivery costs, if any, to the consumer within fourteen days from the date of receipt of the notice of termination, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 of 4/12/1984 and to return all negotiable instruments and similar documents, if any, that put the consumer in debt.
(4) In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller or provider must notify the consumer in writing or with a permanent data storage device within three days from the date of learning about this situation and return all paid payments, including delivery costs, if any, no later than fourteen days from the date of notification. The fact that the goods are not in stock is not considered to be an impossibility of fulfilling the performance of the goods.
Liability for damages
ARTICLE 17-
(1) The seller is responsible for losses and damages incurred before the delivery of the goods to the consumer or to a third party that the consumer will determine other than the carrier.
(2) If the consumer requests that the goods be sent by a carrier other than the carrier designated by the seller, the seller is not responsible for any loss or damage that may occur from the date of delivery of the goods to the relevant carrier.
Phone usage fee
ARTICLE 18-
(1) If a telephone line is allocated by the seller or provider for consumers to contact in relation to the established contract, the seller or provider may not choose a tariff higher than the usual fee tariff in relation to this line.
Additional payments
ARTICLE 19-
(1) Before the contract is established, the explicit approval of the consumer must be obtained separately in order for any additional price to be requested other than the agreed base price arising from the contractual obligation.
Paying payables (2) If the consumer has made a payment due to the fact that the options that give rise to additional payment obligations have been presented spontaneously without the explicit approval of the consumer, the seller or the provider must make a refund of these payments immediately.
Retention of information and obligation of proof
ARTICLE 19-
(1) The seller or provider is obliged to keep the information and documents related to each transaction regarding the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years.
(2) Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or making them use remote communication tools within the framework of the system they have created are obliged to keep records of transactions with the seller or provider for three years due to the issues contained in this Regulation and to provide this information to the relevant institutions, organizations and consumers if requested.
(3) The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer in electronic environment are without shame.
ARTICLE 20-
(1) The seller or provider is obliged to keep the information and documents related to each transaction regarding the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years.
(2) Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or making them use remote communication tools within the framework of the system they have created are obliged to keep records of transactions with the seller or provider for three years due to the issues contained in this Regulation and to provide this information to the relevant institutions, organizations and consumers if requested.
(3) The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer in electronic environment are without shame.
EPISODE FIVE
Various and Final Provisions
Repealed regulation
ARTICLE 21-
(1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.
Enactment
ARTICLE 22-
(1) This Regulation shall enter into force three months after the date of publication.
Execution
ARTICLE 23-
(1) The provisions of this Regulation shall be executed by the Minister of Customs and Trade.