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Terms of Service

REGULATION OF DISTANCE CONTRACTS PART ONE Purpose, Scope, Basis and Definitions Purpose ARTICLE 1 - (1) The purpose of this Regulation is to regulate the application procedures and principles related to distance contracts. Scope ARTICLE 2 - (1) This Regulation applies to distance contracts. (2) The provisions of this Regulation; a) Financial services, b) Sales made through automatic machines, c) The use of this phone with telecommunications operators by means of a public telephone, 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 paragraphs (a), (b) and (d) of the first paragraph of article 5 and the obligations contained in articles 18 and 19 are reserved, i) Installation, maintenance and repair of goods, i) Social services for the support of families and persons, such as nursing home services, child, elderly or patient care, etc. Social services for the support of families and persons, such as nursing home services, children's, elderly or patient care, i)  Passenger transportation services, i) Passenger transportation services, it does not apply to related contracts. Fulcrum ARTICLE 3 - (1) This Regulation has been prepared on the basis of Articles 48 and 84 of the Consumer Protection Law 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 digitally, such as computer programs, applications, games, music, videos and texts, b) Service: The subject of all kinds of consumer transactions other than providing goods made or promised to be made for a fee or benefit, c) Permanent data storage: Text message, electronic mail, Internet, disc, CD, DVD that allows the consumer to save and copy the information sent or sent to him in a way that allows him to study this information for a reasonable period of time in accordance with the purpose, and allows this information to be accessed exactly, memory card and all kinds of similar tools or media, ç) Law: Law No. 6502 on Consumer Protection, d) Goods: Which are the subject of shopping; movable property, residential or holiday immovable property, as well as all kinds of intangible goods such as software, audio, video and similar intangible goods prepared for use in electronic media, e) Distance contract: Contracts established between the parties by using remote communication tools, including the moment of establishment of the contract and within the framework of a system created for the remote marketing of goods or services without the simultaneous physical presence of the seller or provider and the consumer, f) Provider contracts established by using remote communication tools, including the moment of establishment of the contract between the parties, without the simultaneous physical presence of the seller or provider and the consumer, without the simultaneous physical presence of the seller or provider, without the simultaneous physical presence of the consumer, Dec.: 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 goods provider, d) Consumer: A natural or legal person acting for commercial or non-professional purposes, h) Means of remote communication: Letter, catalog, telephone, fax, radio, television, electronic mail message, text message, i) Side contract: Refers to a contract for goods or services provided to the consumer by the seller, provider or a third party in connection with a distance contract in addition to the goods or services subject to the contract, such as the Internet, any means or environment that allows the establishment of a contract without physical confrontation. PART TWO Obligation of Prior Information Preliminary information ARTICLE 5 -(1) Before the establishment of a distance contract or accepting any corresponding offer, the consumer must be informed by the seller or provider in such a way as to include all of the following issues. a) The basic characteristics of the goods or services subject to the contract, b) The name or title of the seller or provider, MERSIS number if any, c) The identity and address of the person acting on behalf or account of the seller or provider, if any, with the seller or provider's full address, phone number and similar contact information that allows the consumer to quickly contact the seller or provider, ç) If the seller or provider has different contact information than specified in the consumer's complaints (c) Information about them, d) The total price of the goods or service, including all taxes, allowing the consumer to quickly contact the seller or provider, paid paid Oct Oct, if it cannot be calculated in advance by its nature, the method of calculating the price, if any, all shipping, delivery and similar additional costs, if any, and information that additional costs can be paid if they cannot be calculated in advance, e) Additional costs charged to consumers in cases where the cost of using the remote communication tool during the establishment of the contract cannot be calculated using the usual tariff, f) Payment, delivery, performance information and related commitments and methods of resolving complaints of the seller or provider, if any, g) Conditions for using this right in cases where there is a right of withdrawal, if any, the additional cost charged to consumers, information about the duration, procedure and carrier provided by the seller for the refund, d) The open address, fax number or electronic mail information where the withdrawal notification will be made, h) Information about whether the consumer will not be able to use the withdrawal right or under what conditions the consumer will lose the right of withdrawal if the right of withdrawal cannot be used in accordance with article 15, i) Deposits or other financial guarantees that must be paid or provided by the consumer, if any, at the request of the seller or provider, and the conditions related to them, i) Technical protection measures that may affect the functionality of digital content, if any, j) Information about which hardware or software the digital content may work with that the seller or provider knows or reasonably expects to know, k) Information that consumers can submit their dispute applications to the Consumer Court or the Consumer Arbitration Committee. (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 made belongs to the seller or the provider.
The method of preliminary information.
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. (2) If the distance contract is established via the Internet, the seller or the provider; paying paying attention to the information obligation contained in the first paragraph of article 5, a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer comes under the obligation to clearly show the information contained separately, b) Whether any shipping restrictions are applied and which means of payment are accepted, the consumer must clearly and clearly indicate 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 on the issues 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 clearly and clearly in this environment immediately before placing an order in the matters contained in paragraphs (a), (b), (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. (5) In contracts for sales of services established by the methods specified in the third and fourth paragraphs and executed immediately, it is sufficient for the consumer to be 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 must 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 regarding preliminary information ARTICLE 8 -(1) The seller or the provider must inform the consumer clearly and clearly 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/her identity at the beginning of each call, if he/she is looking for someone else's name or account, the identity of this person and the commercial purpose of the call. CHAPTER THREE The Use 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 the contracts for the performance of services; and in the 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) For goods that are subject to a single order and delivered separately, the consumer or a third party designated by the consumer receives the last item on the day of delivery, b) For goods consisting of more than one part, the consumer or a third party designated by the consumer receives the last item, c) For contracts in which regular delivery of goods is made for a certain period of time, the consumer or a third party designated by the consumer receives the first item on the basis of the day on which the consumer receives the first item. (4) The delivery of the goods to the carrier by the seller is not considered as the delivery to the consumer. (5) In contracts where the delivery of goods and the performance of services are performed together, the provisions of the right of withdrawal related to the delivery of goods shall apply. Incomplete information ARTICLE 10 -(1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period expires one year after the expiration date of the withdrawal period. (2) If the required notification of the right of withdrawal is made within a one-year period, the fourteen-day period of the right of withdrawal begins to operate from the day this notification is made as required. Exercise of the right of withdrawal.
ARTICLE 11 - (1) Notification of the exercise of the right of withdrawal is sufficient to be 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 through 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 the 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) 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 from the point of view of 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, except for 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 that 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 related to services, the performance of which was initiated with the approval of the consumer before the expiration of the right of withdrawal period.

THE FOURTH PART Other Provisions Execution 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 case the seller or the provider fails to fulfill the obligation set forth 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 a third party to be determined by the consumer or the consumer 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 contract that has been established, 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 to request any additional price other than the agreed base price arising from the contractual obligation. Pay 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 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. (Additional sentence: OG-9/2 October 2019-30681)However, if the subscription agreement is established through a common public electronic platform where public services are provided from a single point, the obligation to keep records and provide information belongs to the seller or provider. (3) The seller or the 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.