Scope Article 2- This Regulation applies to contracts made in writing, visually and electronically or using other means of communication and without confrontation with consumers, where the immediate or subsequent delivery or performance of goods or services to the consumer is agreed.
Article 3- This Regulation is prepared on the basis of Articles 31 of the Consumer Protection Law no. 4077 dated 23/2/1995 and article 9/A added to this Law by Law No. 4822.
Definitions Article 4- In the implementation of this Regulation; a) Ministry: Ministry of Industry and Trade, b) Minister: Minister of Industry and Trade, c) Goods: Goods: Immovable goods for residential and holiday purposes and software, audio, video and similar intangible goods prepared for use electronically, d) Service: Any activity other than providing goods for a fee or benefit, e) Seller: Real or professional activities that provide goods to the consumer within the scope of commercial or professional activities, including public legal entities legal entities, f) Provider: Real or legal persons providing services to the consumer within the scope of their commercial or professional activities, including public legal entities, g) Consumer: a natural or legal person who acquires, uses or benefits from a goods or service for commercial or non-professional purposes, h) Lender: Banks, private financial institutions and financing companies authorized to lend cash to consumers as required by their legislation, i) Distance Agreement: Expresses the contracts made using written, visual, telephone and electronic or other means of communication and without confrontation with consumers and agreed to be delivered or performed immediately or later to the consumer of the goods or services. Preliminary Information
Article 5- It is mandatory to provide the following information to the consumer before the contract is concluded. a) Name, title, open address, telephone and other access information of the seller or provider, b) The basic characteristics of the goods or services subject to the Contract, c) the sale price of the goods or services subject to the Contract, d) the validity period of all promises of the seller or provider, including the price, e) information on how the consumer will be paid, f) The amount of delivery and performance, and the amount of the costs associated with it and by whom, g) The right of withdrawal and information on how to exercise this right, h) the fee of the means of communication used if it costs the consumer, i) the program for the delivery and performance dates of the goods or services subject to the Contract, j) the open address, telephone and other access information of the seller or provider to which the consumer may submit his requests and complaints. Written Proof of Accuracy of Preliminary Information
Article 6- The contract cannot be concluded unless the consumer confirms in writing that it has obtained the preliminary information accurately and in full. In electronic contracts, this confirmation process is done electronically. The consumer must obtain written approval of the goods containing the preliminary information before the contractual goods arrive and for the services before the performance of the contract at the latest. Terms to Be Included in the Contract
Article 7- It is mandatory to make the distance contract in writing and to give a copy of this contract to the consumer. In the contract; a) The name, title, open address, telephone and other access information of the consumer, seller or provider, b) date of issue of the Agreement, c) Date and form of delivery or performance of the Goods or services, d) The amount of costs related to delivery and performance and information on who will cover the goods or services subject to the Agreement, e) the type or type, quantity and, if applicable, brand and model of the goods or services subject to the Agreement, f) The upfront sale price of the goods or services, including taxes in Turkish Lira, g) the total sales price in Turkish Lira to be paid with interest according to the maturity, h) The amount of interest, the annual rate at which the interest is calculated and the late interest rate not exceeding thirty percent of the interest rate specified in the contract, i) The prepayment amount, j) Payment plan, k) The legal consequences of the debtor defaulting, is included in the.
Right of Withdrawal Article 8- The consumer; In distant contracts related to the sale of goods, he has the right to withdraw from the contract by rejecting the goods without taking any legal and criminal responsibility within seven days from the date of receipt and without any justification. In distance contracts for service delivery, this period begins on the date of signing of the contract. If the contract specifies that the performance of the service is made before the 7-day period expires, the consumer may exercise the right of withdrawal until the date of the performance. The costs arising from the exercise of the right of withdrawal belong to the seller or provider. The services performed instantly in electronic environment and the contracts for goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and use. 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 may 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 in goods produced in accordance with the specific requests and demands of the consumer or made personal by making changes or additions. In addition, the consumer may not exercise his or her right of withdrawal in the case of goods that cannot be returned in nature, which may deteriorate rapidly or may exceed the expiration date. If one of the conditions in Article 6 and 7 of this Regulation is missing, the seller or provider will correct the deficiency within thirty days at the latest. In this case, the 7-day period begins from the date on which the information that the deficiency has been addressed is delivered to the consumer in writing. If the price paid by the consumer is covered in part or in whole by the seller or provider or on the basis of the agreement between the seller or provider and the lender, if the right of withdrawal is exercised, the credit agreement will terminate on its own without any obligation to pay any compensation or punitive conditions. However, for this, the notice of withdrawal must also be communicated to the lender in writing.
Obligation of seller and provider Article 9- The seller or provider is obliged to perform its action within thirty days at the latest from the moment the consumer delivers the order to him or her. This period can be extended for a maximum of ten days provided that the consumer is notified in writing in advance. The seller or provider is obliged to return the price, valuable documents and any documents that put the consumer in debt within ten days from the date of the notification of withdrawal, as well as to recover the goods within twenty days. The seller or provider delivers a copy of the contract and a copy of the written consent for the confirmation of the preliminary information before the delivery or performance of the goods or services subject to the distance contract by ensuring that the consumer is signed in his own handwriting. In case of dispute, the burden of proof belongs to the seller and the provider. For good reason, the seller or provider may supply goods or services of equal quality and price to the consumer before the expiry of the performance obligation arising from the contract and provided that it is specified in the contract. If the seller or provider is unable to fulfill its contractual obligations, claiming that the goods or services subject to the order have become impossible to fulfill, it shall notify the consumer before the expiration of the performance obligation arising from the contract. Returns all documents that have been paid and owed to the consumer within 10 days.
Reimbursement Item 10- In distance contracts, if the payment is made by credit card or similar payment card, the consumer may request that the payment be canceled on the grounds that the card is used against their will and unlawfully. In this case, the card issuers return the payment amount to the consumer within 10 days of notification of the objection to them.
Out-of-Scope Agreements Article 11- The provisions of this Regulation; a) The Bank shall provide the provision of goods, which are insured, b) concluded through automated vending machines, c) concluded through public token telephones, d) concluded by auction, e) the supply of goods regularly provided to the consumer's home or workplace for food, beverages and daily consumption, f) The provision of housing, transportation, food supply, sporting and cultural activities and entertainment services undertaken by the Provider on a special day or in a special time. does not apply to contracts.
Effective Article 12- This Regulation takes effect on 14/6/2003.