Distance Sales Agreement

REGULATION ON DISTANCE CONTRACTS

PART ONE

Purpose, Scope, Basis, and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this Regulation is to regulate the procedures and principles for the application of distance contracts.

Scope

ARTICLE 2 – (1) This Regulation applies to distance contracts.

(2) The provisions of this Regulation shall not apply to contracts relating to;

a) Financial services,

b) Sales made through automatic machines,

c) The use of public telephones for telecommunication services with telecommunication operators,

ç) Services related to betting, lottery, raffle, and similar games of chance,

d) The formation, transfer, or acquisition of immovable goods or rights related to these goods,

e) Residential rental,

f) Package tours,

g) Timeshare, holiday ownership, long-term holiday services, and their resale or exchange,

ğ) Daily consumables such as food and beverages, delivered to the consumer's residence or workplace within the scope of the seller's regular deliveries,

h) Passenger transportation services, provided that the information obligation in paragraphs (a), (b), and (d) of the first paragraph of Article 5, and the obligations in Articles 18 and 19 are reserved,

ı) Installation, maintenance, and repair of goods,

i) Social services aimed at supporting families and individuals, such as nursing home services, child, elder, or patient care.

Basis

ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Consumer Protection Law No. 6502 dated 7/11/2013.

Definitions

ARTICLE 4 – (1) For the purposes of this Regulation;

a) Digital content: Any data presented in digital form such as computer programs, applications, games, music, videos, and texts,

b) Service: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed for a fee or benefit,

c) Durable data storage: Any means or medium, such as text message, e-mail, internet, disk, CD, DVD, memory card, and similar tools, that allows the consumer to record and copy without alteration the information sent by or to him, in a way that enables him to examine this information for a reasonable period appropriate to its purpose, and that provides access to this information in its original form,

ç) Law: Consumer Protection Law No. 6502,

d) Goods: Movable property, residential or holiday-purpose immovable properties, and all kinds of intangible goods such as software, audio, video, etc. prepared for use in electronic environment, which are subject to trade,

e) Distance contract: Contracts established by using remote communication tools between the parties, within a system created for the distance marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer, up to and including the moment the contract is concluded,

f) Provider: A real or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes, or who acts on behalf or account of the service provider,

g) Seller: A real or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes, or who acts on behalf or account of the goods provider,

ğ) Consumer: A real or legal person acting for non-commercial or non-professional purposes,

h) Remote communication tool: Any means or medium, such as letter, catalog, telephone, fax, radio, television, e-mail message, text message, internet, that allows a contract to be concluded without physical presence,

ı) Ancillary contract: A contract relating to goods or services provided to the consumer in addition to the goods or services subject to the main contract, by the seller, provider, or a third party, in relation to a distance contract,

refers to.

PART TWO

Pre-Information Obligation

Pre-information

ARTICLE 5 – (1) The consumer must be informed by the seller or provider, before the conclusion of the distance contract or before accepting any corresponding offer, to include all of the following matters:

a) The main characteristics of the goods or services subject to the contract,

b) The name or title of the seller or provider, and MERSİS number if any,

c) The seller's or provider's open address, telephone number, and similar contact information that allows the consumer to quickly contact the seller or provider, and if applicable, the identity and address of the person acting on behalf or account of the seller or provider,

ç) If the seller or provider has different contact information for consumers to submit their complaints than those specified in sub-paragraph (c), information about these,

d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, any additional costs such as shipping, delivery, etc., and if these cannot be calculated in advance, information that additional costs may be payable,

e) Additional costs imposed on consumers in cases where the cost of using the remote communication tool during the contract conclusion stage cannot be calculated based on the usual tariff,

f) Information regarding payment, delivery, performance, and any commitments related thereto, and the seller's or provider's methods for resolving complaints,

g) In cases where there is a right of withdrawal, the conditions, duration, procedure for exercising this right, and information about the carrier designated by the seller for returns,

ğ) The open address, fax number, or e-mail information to which the withdrawal notification will be sent,

h) In cases where the right of withdrawal cannot be exercised according to Article 15, information about whether the consumer cannot benefit from the right of withdrawal or under what conditions the consumer will lose the right of withdrawal,

ı) If requested by the seller or provider, any deposits or other financial guarantees to be paid or provided by the consumer and the conditions related thereto,

i) Technical protection measures that may affect the functionality of digital content, if any,

j) Information known by the seller or provider, or reasonably expected to be known, regarding which hardware or software the digital content can operate with,

k) Information that consumers can submit their dispute-related 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 contract and cannot be changed unless the parties explicitly agree otherwise.

(3) If the seller or provider fails to fulfill its obligation to inform about additional costs as specified in sub-paragraph (d) of the first paragraph, the consumer is not obliged to cover these costs.

(4) The total price specified in sub-paragraph (d) of the first paragraph must include the total costs on a per-billing-period basis for indefinite-term contracts or fixed-term subscription contracts.

(5) In contracts concluded through auction or tender, information about the auctioneer may be provided instead of the information in sub-paragraphs (b), (c), and (ç) of the first paragraph.

(6) The burden of proof that pre-information has been provided rests with the seller or provider.

Method of pre-information

ARTICLE 6 – (1) The consumer must be informed by the seller or provider in writing or via durable data storage in an understandable language, clearly, simply, and legibly, with a font size of at least twelve points, in accordance with the remote communication tool used, regarding all matters specified in the first paragraph of Article 5.

(2) If the distance contract is concluded via the internet, the seller or provider must;

a) Without prejudice to the information obligation in the first paragraph of Article 5, clearly display the information in sub-paragraphs (a), (d), (g), and (h) of the same paragraph as a whole, immediately before the consumer incurs a payment obligation,

b) Clearly and understandably state, at the latest before the consumer places the order, whether any delivery restrictions apply and which payment methods are accepted.

(3) If the distance contract is concluded via voice communication, the seller or provider must inform the consumer clearly and understandably about the matters specified in sub-paragraphs (a), (d), (g), and (h) of the first paragraph of Article 5 on that medium immediately before the consumer places the order, and must send all the information specified in the first paragraph of Article 5 in writing at the latest by the delivery of the goods or the performance of the service.

(4) If the distance contract is concluded via a medium where order information is presented in a limited space or time, the seller or provider must inform the consumer clearly and understandably about the matters specified in sub-paragraphs (a), (b), (d), (g), and (h) of the first paragraph of Article 5 on that medium immediately before the consumer places the order, and must send all the information specified in the first paragraph of Article 5 in writing at the latest by the delivery of the goods or the performance of the service.

(5) For contracts regarding service sales concluded using the methods specified in the third and fourth paragraphs and performed instantly, it is sufficient for the consumer to be informed clearly and understandably about only the matters specified in sub-paragraphs (a), (b), (d), and (h) of the first paragraph of Article 5 on that medium immediately before placing the order.

Confirmation of pre-information

ARTICLE 7 – (1) The seller or provider must ensure that the consumer confirms having received the pre-information through the methods specified in Article 6, in accordance with the remote communication tool used. Otherwise, the contract shall be deemed not to have been concluded.

Other obligations regarding pre-information

ARTICLE 8 – (1) The seller or provider must inform the consumer clearly and understandably, immediately before the consumer confirms the order, that the placed order entails a payment obligation. Otherwise, the consumer is not bound by the order.

(2) If the consumer is called by the seller or provider by telephone for the purpose of concluding a distance contract, the seller or provider must, at the beginning of each call, state their identity, and if they are calling on behalf or account of another person, the identity of that person and the commercial purpose of the call.

PART THREE

Exercise of the Right of Withdrawal and 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 penalty clause.

(2) The withdrawal period begins on the day the contract is concluded for service performance contracts; and on the day the consumer or a third party designated by the consumer receives the goods for goods delivery contracts. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.

(3) In determining the withdrawal period;

a) For goods subject to a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last good,

b) For goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part,

c) For contracts where goods are delivered regularly for a specific period, the day the consumer or a third party designated by the consumer receives the first good

shall be taken as basis.

(4) The delivery of the good by the seller to the carrier is not considered as delivery to the consumer.

(5) In contracts where goods delivery and service performance are carried out together, the provisions regarding the right of withdrawal for goods delivery shall apply.

Insufficient information

ARTICLE 10 – (1) The seller or provider is obliged to prove that the consumer was informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. This period shall in any case expire one year after the date on which the withdrawal period would have ended.

(2) If the consumer is properly informed about the right of withdrawal within the one-year period, the fourteen-day withdrawal period begins to run from the day such information was properly provided.

Exercise of the right of withdrawal

ARTICLE 11 – (1) It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller or provider in writing or via a durable data storage before the expiry of the withdrawal period.

(2) In exercising the right of withdrawal, the consumer may use the form provided in the ANNEX, or may make a clear statement indicating the decision to withdraw. The seller or provider may also offer an option on its website for the consumer to fill out this form or send the withdrawal statement. In cases where the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send confirmation to the consumer that their withdrawal request has been received.

(3) In sales made via voice communication, the seller or provider must send the form provided in the ANNEX to the consumer at the latest by the delivery of the goods or the performance of the service. In such sales, the consumer may use this form to exercise the right of withdrawal, or may also use the methods in the second paragraph.

(4) The burden of proof regarding the exercise of the right of withdrawal as mentioned in this article rests with the consumer.

Obligations of the seller or provider

ARTICLE 12 – (1) The seller or provider is obliged to return all payments collected, including any delivery costs of the goods to the consumer, within fourteen days from the date on which the notification that the consumer has exercised the right of withdrawal reaches them.

(2) The seller or provider must make all refunds specified in the first paragraph in a single payment, in a manner appropriate to the payment instrument used by the consumer when purchasing, and without incurring any cost or obligation to the consumer.

(3) In the exercise of the right of withdrawal, if the good is returned through the carrier specified by the seller within the scope of sub-paragraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the return costs. If the seller has not specified any carrier for returns in the pre-information, no charge can be demanded from the consumer for return costs. In cases where the carrier specified in the pre-information for returns does not have a branch at the consumer's location, the seller is obliged to arrange for the collection of the good to be returned from the consumer without demanding any additional costs.

Obligations of the consumer

ARTICLE 13 – (1) Unless the seller or provider offers to take back the good themselves, the consumer is obliged to return the good to the seller or provider or the person authorized by them within ten days from the date on which the notification of the exercise of the right of withdrawal was sent.

(2) The consumer is not responsible for changes and deteriorations occurring if the good is used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.

Effect of exercising the right of withdrawal on ancillary contracts

ARTICLE 14 – (1) Without prejudice to the provisions of Article 30 of the Law, if the consumer exercises the right of withdrawal, ancillary contracts also terminate automatically. In this case, the consumer is not obliged to pay any costs, compensation, or penalty clauses, except for the cases specified in the second paragraph of Article 13.

(2) The seller or provider must immediately inform the third party who is a party to the ancillary 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 cannot exercise the right of withdrawal in the following contracts:

a) Contracts relating to goods or services whose price depends on fluctuations in financial markets and is beyond the control of the seller or provider.

b) Contracts relating to goods prepared in accordance with the consumer's wishes or personal needs.

c) Contracts for the delivery of goods that are perishable or whose expiration date may pass.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.

d) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts relating to books, digital content, and computer consumables supplied in a material environment if their protective elements such as packaging, tape, seal, package have been opened after delivery.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.

g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation, which must be performed on a specific date or period.

ğ) Contracts relating to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts relating to services whose performance has begun with the consumer's consent before the right of withdrawal period expires.

PART FOUR

Other Provisions

Performance of the contract and delivery

ARTICLE 16 – (1) The seller or provider must fulfill its obligation within the committed period from the date the consumer's order reaches them. In sales of goods, this period cannot exceed thirty days in any case.

(2) If the seller or provider fails to fulfill its obligation under the first paragraph, the consumer may terminate the contract.

(3) In case of termination of the contract, the seller or provider is obliged to return all collected payments, including any delivery costs, to the consumer with legal interest determined according to Article 1 of the Law on Legal Interest and Default Interest No. 3095 dated 4/12/1984, within fourteen days from the date the termination notification reaches them, and to return all valuable papers and similar documents that put the consumer under debt, if any.

(4) In cases where the performance of the ordered goods or services becomes impossible, the seller or provider must notify the consumer in writing or via durable data storage within three days from the date they learn of this situation, and must return all collected payments, including any delivery costs, within fourteen days at the latest from the date of notification. The situation of goods being out of stock is not considered as the impossibility of performing the goods obligation.