Distance Selling Agreement

Regulation on the Implementation Principles of Distance Contracts

Purpose Article 1—The purpose of this Regulation is to establish the procedures and principles governing distance contracts.

Scope Article 2—This Regulation applies to contracts concluded in writing, through visual or electronic media, or using other means of communication, without the parties meeting in person, where the delivery of goods or the performance of services to the consumer is agreed upon immediately or at a later date.

Legal Basis Article 3—This Regulation has been prepared pursuant to Article 31 of the Law on the Protection of Consumers No. 4077 dated February 23, 1995, and Article 9/A added to said Law by Law No. 4822.

Definitions Article 4—For the purposes of this Regulation:

a) Ministry: The Ministry of Industry and Trade,

b) Minister: The Minister of Industry and Trade,

c) Goods: Movable property subject to a transaction, real estate intended for residential or vacation purposes, and intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment,

d) Service: Any activity other than the supply of goods performed in exchange for a fee or benefit,

e) Seller: Natural or legal persons, including public legal entities, that offer goods to consumers within the scope of their commercial or professional activities,

f) Provider: Natural or legal persons, including public legal entities, that offer services to consumers within the scope of their commercial or professional activities,

g) Consumer: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

h) Lender: Banks, private financial institutions, and financing companies authorized by law to provide cash loans to consumers,

ı) Distance Contract: Contracts concluded in writing, through visual means, by telephone, electronically, or via other communication tools without the parties meeting in person, and under which the delivery or performance of the good or service to the consumer is agreed upon immediately or at a later date. Preliminary Information

Article 5—The following information must be provided to the consumer prior to the conclusion of a distance contract.

a) The seller’s or provider’s name, business name, physical address, telephone number, and, if available, other contact information,

b) The essential characteristics of the goods or services covered by the contract,

c) The sales price of the goods or services covered by the contract, including all taxes,

d) The validity period of all offers made by the seller or provider, including the price,

e) Information on how the consumer’s payments will be made,

f) Information regarding how delivery and performance will be carried out, as well as the amount of any related costs and who will bear them,

g) Information regarding the right of withdrawal and how to exercise this right,

h) The cost of the communication channels used, if any, to the consumer,

ı) The schedule regarding the delivery and performance dates of the goods or services subject to the contract,

j) The seller’s or provider’s physical address, telephone number, and, if applicable, other contact information through which the consumer may submit requests and complaints. Written Confirmation of the Accuracy of Pre-Contractual Information

Article 6—The contract may not be concluded unless the consumer confirms in writing that they have received the pre-contractual information accurately and in full. In contracts concluded electronically, this confirmation process is also carried out electronically. For goods, the consumer must receive written confirmation containing the preliminary information before the goods in question are delivered to them; for services, the consumer must receive such confirmation no later than before the performance of the contract. Required Terms in the Contract

Article 7—A distance contract must be concluded in writing, and a copy of this contract must be provided to the consumer. The contract must include:

a) The consumer’s name, title, physical address, telephone number, and, if available, other contact information;

b) The date the contract was executed;

c) The date and method of delivery or performance of the goods or services;

d) Information regarding the amount of delivery and performance costs and who will bear them;

e) The type or category, quantity, and, if applicable, brand and model of the goods or services subject to the contract,

f) The upfront sales price of the goods or services in Turkish Lira, including taxes,

g) The total sales price in Turkish Lira, including interest based on the payment term,

h) The amount of interest, the annual interest rate used for calculation, and the late payment interest rate—which shall not exceed thirty percent above the interest rate specified in the contract,

ı) The amount of t