DISTANCE CONTRACTS REGULATION
FIRST PART
Purpose, Scope, Basis and Definitions
Aim
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.
Scope
ARTICLE 2 – (1) This Regulation is applied to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunication operators via public telephone,
ç) Services related to betting, drawing, lottery and similar games of chance,
d) Formation, transfer or acquisition of immovable goods or rights related to these goods,
e) Housing rental,
f) Package tours,
g) Timeshare, timeshare, long-term holiday service and their resale or exchange,
ğ) Taking daily consumption items 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, without prejudice to the obligation to provide information in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations in Articles 18 and 19,
ı) Installation, maintenance and repair of goods,
i) Social services to support families and individuals, such as nursing home services, child, elderly or sick care
does not apply to related contracts.
Rest
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.
Definitions
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: All kinds of data presented in digital form such as computer programs, applications, games, music, video and text,
b) Service: The subject of any consumer transaction other than providing goods made or promised to be performed in return for a fee or benefit,
c) Permanent data storage: short message, e-mail, internet, disc, CD, DVD, which ensures that the information sent by the consumer or sent to him is recorded in a way that allows the examination of this information for a reasonable period of time in accordance with its purpose and that it is copied without changing it and that this information can be accessed exactly. memory card and any similar tools or media,
ç) Law: Law on Consumer Protection No. 6502,
d) Goods: The subject of the trade; movable goods, immovable properties for residence or holiday purposes, and software, audio, video and all kinds of similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts concluded by using remote communication tools between the parties until and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer,
f) Provider: A natural or legal person who provides services to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the service provider, including public legal entities,
g) Seller: Real or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the supplier,
ğ) Consumer: Real or legal person acting for non-commercial or non-professional purposes,
h) Remote communication tool: Any means or medium that allows the conclusion of a contract without physical confrontation, such as letter, catalog, telephone, fax, radio, television, e-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, supplier or a third party in relation to a distance contract.
means.
SECOND PART
Prior Information Obligation
Preliminary information
ARTICLE 5 – (1) The consumer must be informed by the seller or the supplier, including all of the following issues, before the establishment of the distance contract or accepting any corresponding offer.
a) The basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or supplier, MERSIS number, if any,
c) The full address, telephone number and similar contact information of the seller or supplier, which allows the consumer to contact the seller or supplier quickly, and, if any, the identity and address of the person acting on behalf of or on behalf of the seller or supplier,
ç) If the seller or supplier has contact information different from the one specified in subparagraph (c), for the consumer to submit their complaints, information regarding these,
d) The total price of the good or service, including all taxes, if it cannot be calculated in advance due to its nature, the method of calculation of the price, all transportation, delivery and similar additional costs, if any, and information that additional costs can be paid if these cannot be calculated in advance,
e) In cases where the usage fee of the remote communication tool cannot be calculated over the ordinary fee schedule at the stage of the contract,