Official Gazette dated 06 March 2011 Number: 27866

From the Ministry of Industry and Trade:

REGULATION ON DISTANCE CONTRACTS

SECTION ONE Purpose, Scope, Basis and Definitions

Purpose ARTICLE 1 − (1) The purpose of this Regulation; to determine the application procedures and principles regarding distance contracts. Scope

ARTICLE 2 - (1) This Regulation; It is applied to contracts made in written, visual and electronic media or using other communication tools and without confronting the consumers, in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.

(2) The provisions of this Regulation; a) related to banking and insurance, b) related to sales made through automatic machines, c) concluded with telecommunication service providers through the use of public telephone, ç) related to immovable sale, rental and other rights related to immovable, d) contracted by way of increase or decrease does not apply to contracts. (3) Articles 5, 6, 7 and 8 and the first paragraph of Article 9;

a) Regarding the delivery of foodstuffs, beverages or other daily consumption items to the consumer's residence or workplace within the framework of the seller's regular deliveries,

b) Established with providers providing services in areas such as travel, accommodation, restaurant, entertainment sector and the provider is under the obligation to provide the contractual service performance on a certain date or within a period of time,

does not apply to contracts.

Basis ARTICLE 3 - (1) This Regulation is based on 9/A and 31 of the Law on Consumer Protection dated 23/2/1995 and numbered 4077.

It is prepared based on pearl materials.

Definitions ARTICLE 4 - (1) In this Regulation;

a) Minister: Minister of Industry and Trade, b) Ministry : Ministry of Industry and Trade, c) Service: Any activity other than providing goods for a fee or benefit, ç) Lender: The bank authorized to give cash loans to consumers as per the relevant legislation , private financial institution

and financing companies, d) Goods: The movable goods subject to shopping and the software, sound,

image and similar intangible goods, e) Distance contract: By using written, visual, telephone and electronic media or other means of communication, and

Contracts made without confronting the consumers and in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed,

f ) Provider: Real or legal persons, including public legal entities, that provide services to the consumer within the scope of their commercial or professional activities,

g) Seller: Real or legal persons, including public legal entities, that offer goods to the consumer within the scope of their commercial or professional activities,

ğ ) Permanent data carrier : Any means or medium that enables the consumer to record the information personally sent to him in a way that allows the examination of this information for a reasonable period of time in accordance with its purpose, and that allows access to the recorded information exactly,

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

ı) Means of distance communication: Any means or medium that allows the conclusion of a contract without physical confrontation, such as letters, catalogues, telephone, fax, radio, television, e-mail message, internet,

means. PART TWO General Regulations Regarding Distance Contracts

Preliminary information and information form

ARTICLE 5 − (1) Before the distance contract is concluded, the consumer is informed by the seller or supplier in a clear, understandable and convenient way to the distance communication tool used, including all of the following information.

a) Name, title, full address, telephone and, if any, other access information of the seller or provider. b) The basic characteristics of the goods or services subject to the contract. c) The selling price of the good or service in Turkish Lira, including all taxes. ç) Delivery costs, if any.

d) Information about payment and delivery or performance. e) Conditions of exercising the right of withdrawal and how this right will be exercised. f) In cases where the usage fee of the remote communication tool is not calculated over the usual fee schedule, this

the additional cost imposed on consumers due to the use of the communication medium. g) The validity period of the commitments, including the price, regarding the goods or services. ğ) The subject of the contract is a good or service performance performed continuously or periodically.

the minimum duration of the contract in question. h) Termination of debt relationships with an indefinite term or more than one year. ı) The applications regarding the complaints and objections of the consumers are determined by the Ministry in December every year.

information that consumer problems can be filed with the arbitral tribunal or the consumer court in the place where the consumer buys the goods or services or resides within the borders.

(2) The seller or the supplier is obliged to deliver the information form containing all the information in the first paragraph to the consumer, in writing or through a continuous data carrier, within a reasonable time before the contractual goods reach the consumer for the goods and before the contract is executed for the services. In cases where verbal distance communication tools such as telephone are used, the seller has to deliver the information form containing all the information in the first paragraph to the consumer at the latest during the delivery of the goods.

(3) It must be stated that the information specified in the first paragraph is given for commercial purposes in accordance with the distance communication tools used and within the framework of the principles of goodwill, in a way to protect the minors and the adults who lack the power to distinguish or are limited.

(4) In case of using verbal distance communication tools such as telephone, it is also obligatory to clearly inform the consumer of the identity of the seller or provider and the commercial purpose of the conversation at the beginning of each call.

Confirmation of preliminary information

ARTICLE 6 − (1) Unless the consumer confirms in writing that he has obtained the preliminary information specified in Article 5, a contract cannot be concluded by the seller or the supplier. Confirmation of contracts made in electronic environment is also done in electronic environment.

right of withdrawal

ARTICLE 7 − (1) In distance contracts, the consumer has the right to withdraw from the contract within seven days without giving any reason and without paying any penalty. It is sufficient to notify the notification about the use of the right of withdrawal in writing or with a permanent data carrier within this period.

(2) The right of withdrawal starts from the day the consumer receives the goods in contracts for the delivery of the goods, and from the day the contract is concluded in other contracts.

(3) In case the seller or supplier does not fulfill his obligations set forth in Articles 5 and 6, the right of withdrawal period is three months. This period begins to run from the day the consumer receives the goods in contracts for the delivery of the goods, and from the day the contract is concluded in other contracts. However, if the obligations specified in Articles 5 and 6 are fulfilled within three months, the seven-day right of withdrawal period specified in the first paragraph starts to run from the day the said obligations are fulfilled. It is sufficient to notify the declaration of intent regarding the exercise of the right of withdrawal in writing or with a permanent data carrier within this period.

(4) Unless agreed otherwise by the parties, the consumer cannot exercise his right of withdrawal in the following contracts. a) Service contracts in which the performance of the service is started with the approval of the consumer, before the expiry of the right of withdrawal. b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets. c) Recyclable in nature, prepared in line with the consumer's wishes or clearly his personal needs.

Contracts for the delivery of goods that are unsuitable for shipping and are in danger of spoiling quickly or that are likely to expire.

ç) Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.

d) Contracts for the delivery of periodicals such as newspapers and magazines. e) Contracts for the performance of betting and lottery related services. f) Regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer

contracts. (5) For the full or partial performance of the debt to the consumer, the seller or the supplier or the one in cooperation with it.

In distance contracts where credit is given by a third party, if the consumer uses his right of withdrawal within the provisions of this article, the credit contract also ends without any obligation to pay any compensation or penal clause. However, for this, the withdrawal notice must also be sent to the lender in writing. Mutual return obligations of the parties are reserved.

Consequences of exercising the right of withdrawal ARTICLE 8 − (1) In case the consumer uses the right of withdrawal, the seller or the supplier shall

He is obliged to return the total price he has received within ten days at the latest and any documents that put the consumer under debt without incurring any cost to the consumer and to take the goods back within twenty days from the date of receipt.

(2) The decrease in the value of the goods received or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.

Performance of the contract ARTICLE 9 − (1) Unless agreed otherwise by the parties, the seller or the supplier is the consumer.

fulfills the subject of the order within thirty days at the latest from the day the order is delivered. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing or through a continuous data carrier.

(2) In cases where the performance of the goods or services subject to the order becomes impossible, the consumer must be informed of this situation and the total price paid and any document that puts him under debt must be returned to him within ten days at the latest. The situation that the goods are not in stock is not considered as the impossibility of fulfilling the goods.

(3) The seller or the supplier may supply another good or service to the consumer with equal quality and price, provided that the following conditions are met.

a) It has been agreed in the contract. b) Understanding that the goods or services subject to the contract cannot be supplied for a justifiable reason. c) Obtaining the consent of the consumers by informing them in a clear and understandable manner.

Goods and services not ordered ARTICLE 10 − (1) In case of delivery of unordered goods or services; goods or services

Except for the use or consumption of the product, the seller or the supplier cannot claim any rights against the consumer. In such cases, the consumer's silence cannot be interpreted as a declaration of acceptance for the conclusion of the contract, and the consumer has no obligation to return or preserve the goods.

Payment by card

ARTICLE 11 − (1) In cases where the payment is made with a credit card, debit card or similar payment card without issuing a spending document in distance contracts, in case the card is used unlawfully by someone else; Transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/3/2007 and numbered 26458.

Retention of information and burden of proof

ARTICLE 12 - (1) The seller or the supplier is obliged to establish the system for informing the consumer and to exercise his right of withdrawal and to keep this information in written, audio or electronic media for three years.

(2) The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is free of defects.

SECTION THREE Miscellaneous and Final Provisions

Repealed regulation ARTICLE 13 − (1) Application Procedure for Distance Contracts published in the Official Gazette dated 13/6/2003 and numbered 25137

The Regulation on its Principles and Principles has been repealed. Enforcement ARTICLE 14 - (1) This Regulation enters into force on the date of its publication. Executive

ARTICLE 15 - (1) The provisions of this Regulation are executed by the Minister of Industry and Trade.