Sales Contract

Objective Article 1- The purpose of this Regulation is to regulate the procedures and principles of application for distant contracts.
Scope Article 2 - This Regulation shall apply to contracts which are made in written, visual and electronic media or other means of communication and which are made without confrontation with consumers and whose goods or services are determined to be delivered to consumers or to be delivered at a later date.
Basis Article 3- This Regulation has been prepared based on Article 31 of the Law No. 4077 on Consumer Protection dated 23/2/1995 and Article 9 / A added with this Law No. 4822.
Definitions Article 4- In the implementation of this Regulation; a) Ministry: Ministry of Industry and Commerce; b) Minister: Minister of Industry and Trade; c) Goods: software, audio, video and other similar materials prepared for use in movable and immovable property, e) Seller: Any natural or legal person who provides goods to the consumer in the context of commercial or professional activities, including public entities, f) Provider: Public entity g) Consumer: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes, h) Loaner: Consumer, according to the legislation the bank authorized to issue cash loans, the private financial institution and the financing company (i) Distance Contract: Contracts made in written, visual, telephone and electronic media or other means of communication and without any confrontation with the consumers, and contracts agreed upon at the moment of consumption or service of the goods or service. Preliminary Information
Article 5 - The following information must be supplied to the consumer before the contract of the distance contract is concluded. b) the basic characteristics of the contractual goods or services; c) the sale price of the contractual goods or services including all taxes; d) the price of the seller or provider, f) Information on how the delivery and the sale are to be made and, if so, how much and how much the costs are to be covered, g) Information on the right to withdraw and how to use this right, h) Consumer (i) the program of the goods or service in question, delivery and performance dates, (j) the address, telephone and other access information of the seller or supplier to whom the consumer may transmit his requests and complaints. Proof of Authenticity of Preliminary Information
Article 6 - The contract can not be concluded unless the consumer confirms in writing that the preliminary information is accurate and complete. Confirmation of contracts made in electronic environment is also done in electronic environment. The consumer must obtain the written approval for the services, including the preliminary information, at the latest, before the contractual goods for the goods arrive at the service itself. Terms to be found in the Convention
Article 7- It is obligatory that the distance contract is made in writing and that a copy of this contract is given to the consumer. In the contract; b) Date on which the contract was issued; c) Date and manner of delivery or performance of the goods or service; d) Amount of expenses related to delivery and execution and by whom, by name, address, telephone number and other access information of the consumer, f) the selling price of the goods or services including the taxes in Turkish Liras, g) the total selling price in Turkish Lira to be paid together with the interest according to the maturity, e) the type and amount of the goods or service, , h) The interest rate of the interest, the annual rate at which the interest is calculated and the overdue interest rate to exceed thirty percent of the interest rate specified in the contract, i) The amount of the down payment, j) The payment plan, k) The legal consequences of the default of the debt.
Cayma Article 8- Consumer; has the right to withdraw from contract without any legal and penal liability within seven days from the date of receipt of the goods in distant contracts for the sale of goods and refusing goods without any justification. In case of distance contracts for service provision, this period begins on the date the contract is signed. If the contract has been agreed that the service should be carried out within 7 days, the consumer may use the right of withdrawal until the beginning of the performance. The costs arising from the use of the right to withdrawal belong to the seller or provider. Immediate services in the electronic environment and contracts for goods delivered on the spot are not subject to the right to withdraw and to their use. Even if the delivery of the goods is made to a person other than the party who is party to the contract, the consumer can use the right to withdraw. In this case, the seller receives the goods from the third person in accordance with the provisions of the fourth paragraph of Article 9. Consumers can not use the right of withdrawal in the goods produced or customized to the individual by making changes or additions according to the special requests and demands of the consumer. In addition, the consumer shall not be entitled to the right of withdrawal in the case of goods which can not be returned as such and which are likely to be deteriorated rapidly or expire. If one of the conditions of Article 6 and 7 of this Regulation is incomplete, the vendor or provider shall correct the deficiency within thirty days at the latest. In this case, the 7-day period starts from the date on which the information that the deficiencies have been corrected has been delivered to the consumer in writing. If the price paid by the consumer is met partly or wholly on the basis of an agreement between the seller or the supplier or between the seller or the supplier and the lender, the loan contract will automatically terminate without any liability to pay any compensation or penalty. However, for this to happen, the withdrawal notification must be communicated in writing to the credit statement.
Seller and Supplier's Liability Article 9- The seller or supplier is obliged to fulfill the performance within thirty days at the latest from the time the order is delivered to him by the consumer. This period may be extended by maximum ten days provided that the consumer is notified in writing in advance. The seller or the supplier is liable to return the goods within twenty days by returning any documents which cause the consumer to withdraw his / her debts, valuable documents and consumer debts within ten days from the date of receipt of the notice of withdrawal. The seller or the supplier shall deliver a copy of the contract and the written consent of the buyer prior to delivery of the goods or service to the consumer by providing his signature with his handwriting. The burden of proof in dispute belongs to vendors and providers. The seller or the supplier may supply the goods or services at equal quality and price, provided that the obligation to fulfill the obligation arising from the contract is not overdue and is stated in the contract, provided that it is justified. If the seller or the supplier fails to fulfill the contractual obligations by claiming that it is impossible to fulfill the ordering goods or service, it shall notify the consumer without expiry of the contractual obligation arising from the contract. All documents that put the price and debts under payment shall be returned to the consumer within 10 days.
Reimbursement Article 10- In the case of payment of a payment by credit card or similar payment card in distant contracts, the consumer may demand the cancellation of the payment process on the grounds that the card has been used outside of his / her own reason and in an unlawful manner. In this case, the card issuing institution will return the payment amount to the consumer within 10 days of the notification of the dispute itself.
Extraordinary Contracts Article 11- Provisions of this Regulation; a) the Bank is insured, b) it is concluded by means of automatic vending machines, c) is concluded via public token phones, d) is concluded by auction, e) is regularly provided to the consumer's home or workplace for food, f) The contract does not apply to contracts which contain provisions for the provider to provide accommodation, transportation, catering, sporting and cultural activities and entertainment services on a special day or for a specific period.
Enforcement Article 12- This Regulation shall enter into force on 14/6/2003.
Execution Article 13- The provisions of this Regulation shall be executed by the Minister of Industry and Trade.