Checklist within the Scope of Distance Sales Contracts & Prior Information Form Definitions
Digital content: All kinds of data presented in digital form such as computer programmes, applications, games, music, videos and texts
Service: All consumer-related transactions other than goods offered for a fee or benefit
Permanent data storage: Text message, electronic mail, internet, disc, CD, DVD, memory card and all kinds of similar tools or media that enable the information received from or received from the consumer to be recorded in such a way that it can be examined for a reasonable period of time in accordance with its purpose, to be copied without being changed and to access the information in the same way
Law Law No. 6502 on the Protection of Consumers
Goods Movable goods, immovable goods for residential or holiday purposes, intellectual and industrial rights
Distance contract: The contract established between the parties in the system where goods or services are offered for sale and supplied by the seller or provider and the consumer at the same time using remote communication tools
Provider: The person who provides services to consumers for commercial or professional purposes, including public legal entities, or the representative of the service provider (the representative may be a natural or legal person.)
Seller: The representative of the person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or the representative of the person who offers goods to the consumer (the representative may be a natural or legal person.)
Consumer: A natural or legal person acting for commercial or non-professional purposes
means of distance communication: any mass communication tool or medium that allows the establishment of a contract without physically coming face to face
Ancillary contract: A contract relating to goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, provider, intermediary service provider or a third party in relation to a distance contract
Intermediary service provider: A natural or legal person who provides the electronic commerce environment for the economic and commercial activities of others. j) Platform: The system created by the intermediary service provider to mediate the establishment of a distance contract
Requirements in the Preliminary Information Form
For all matters set out below in bold font:
Pursuant to Article 5/2 of the Regulation, it cannot be changed unless the parties explicitly agree otherwise.
Pursuant to Article 6/3 of the Regulation, in the event that the distance contract is used by means of voice communication, the seller or provider is obliged to inform the consumer in a clear and understandable manner prior to the order about the issues in subparagraphs (a), (d), (g) and (h) of paragraph 1 of Article 5, and to send all of the information within the scope of Article 5 in writing or by permanent data storage until the delivery of the goods or performance of the service at the latest. In addition, pursuant to Article 8/2, if the consumer is called by the seller or provider by telephone for the establishment of a distance contract, the seller or provider must disclose the identity of the seller or provider at the beginning of each call, if he calls on behalf or on behalf of someone else, the identity of this person and the commercial purpose of the call.
Pursuant to Article 6/4, if the area or time in which the information on the order is presented is limited, the seller or provider must inform the consumer about the subparagraphs (a), (b), (d), (g) and (h) of paragraph 1 of Article 5 in an understandable manner immediately before placing the order, and must send all of the information in Article 5 in writing or by permanent data storage until the delivery of the goods or performance of the service at the latest.
Pursuant to Article 6/5, it is sufficient to inform the consumer in a clear and comprehensible manner only on the issues in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the said medium immediately before placing the order in contracts regarding service sales established by the methods specified in Articles 6/3 and 6/4 and performed immediately.
Matters to be included Relevant Article Control
The basic characteristics of the goods or services subject to the contract
– All of this information shall be displayed immediately before the consumer is obliged to pay.
5/1-a
6/2-a
6/3
Name or title, MERSIS number or tax identification number of the seller or provider and “intermediary service provider”
– If the sale is realised by auction or auction, information about the person-institution conducting the auction can be included.
5/1-b
5/5
6/3
Clear address, telephone number and similar contact information that allows the consumer to quickly contact the seller or provider and intermediary service provider, and the identity and address of the person acting on behalf or account of the seller or provider, if any
– If the sale is realised by auction or auction, information about the person-institution conducting the auction can be included.
5/1-c
5/5
6/3
If the seller or provider and the intermediary service provider have “different contact details” than those specified in the above article for the consumer to communicate their complaints, information about them
– Information about the auctioneer may be included in the contracts established by auction or auction.
5/1-ç
5/5
6/3
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, all additional costs of transport, delivery and similar additional costs, if any, and the information that additional costs can be paid if these cannot be calculated in advance
– All of this information shall be displayed immediately before the consumer is obliged to pay.
– If the seller or provider fails to fulfil the obligation to inform the consumer about the additional costs, the consumer is not obliged to pay them.
– On the basis of an indefinite-term contract or a fixed-term subscription contract, each billing period must include the total costs.
5/1-d
5/3
5/4
6/2-a
6/3
6/4
In cases where the cost of the use of the remote communication tool cannot be calculated on the basis of the usual fee tariff at the time of the conclusion of the contract, the additional cost imposed on consumers
5/1-e
6/3
6/4
Payment, delivery or performance period in accordance with the period promised in commercial advertisements and promotions, other information regarding delivery and performance and commitments regarding them, if any, and the seller or provider and intermediary service provider’s resolution methods regarding complaints
5/1-f
6/3
6/4
In cases where there is a right of withdrawal, the conditions, duration, procedure for the exercise of this right, the “information on the carrier” foreseen by the seller for the return, and the amount of the return cost not exceeding the delivery cost in case the goods are returned by this carrier and the information on which party will cover the return cost, and in case of return by a carrier other than the one envisaged, the information that the consumer will cover the return cost
– All of this information shall be displayed immediately before the consumer is obliged to pay.
5/1-g
6/2-a
6/3
6/4
Open address, fax number or e-mail information where the withdrawal notification will be made
5/1-ğ
6/3
6/4
In cases where the right of withdrawal cannot be exercised, information on the conditions under which the consumer will not benefit from the right of withdrawal or will lose the right of withdrawal
– All of this information shall be displayed immediately before the consumer is obliged to pay.
5/1-h
6/2-a
6/3
6/4
Deposits or other financial guarantees to be paid or provided by the consumer, if any, upon the request of the seller or provider, and the terms thereof
5/1-ı
6/3
6/4
Technical protection measures, if any, that may affect the functionality of digital content
5/1-i
6/3
6/4
Information about the hardware or software with which the digital content may interoperate, which the seller or provider knows or could reasonably be expected to know
5/1-j
6/3
6/4
Information that consumers can apply to the Consumer Court or the Consumer Arbitration Committee for disputes
5/1-k
6/3
6/4
In accordance with the remote communication tool used by the consumer (it will be necessary to pay attention to whether there is a telephone application-internet site, etc.), the seller or provider in a clear, simple and readable manner, in an understandable language, in at least twelve-point font size
by the data controller in writing or by means of a permanent data storage device.
6/1
It is necessary to indicate clearly and understandably whether any shipping restrictions apply and which means of payment are accepted. (It is important to do this at the latest before the consumer places the order.) 6/2-b
The seller or provider and, if any, the intermediary service provider shall clearly and understandably state that the order placed means an obligation to pay immediately before the consumer confirms the order. (Otherwise, the consumer is not bound by the order. The consumer’s will to shop starts with the confirmation of the order).8/1
Issues Regarding the Right of Withdrawal Related Article Check
14-day right of withdrawal period;
– In contracts for the performance of services: starts on the day the contract is established.
– In contracts for the delivery of goods: It starts on the day the consumer or the third party designated by the consumer receives the goods. The right of withdrawal can be used until the delivery of the goods.
9/1
9/2
When determining the right of withdrawal period, the consumer or the third person determined by the consumer;
– The day he/she receives the last good for goods that are the subject of a single order and delivered separately
– For goods consisting of more than one part, on the day of receipt of the last part
– In contracts where regular delivery of goods is made for a certain period of time, the day of receipt of the first goods is taken as the basis.
9/3
The delivery of the goods by the seller to the carrier shall not be accepted as delivery to the consumer. If the delivery of the goods and the performance of the service are performed together, the right of withdrawal provisions regarding the delivery of the goods shall apply.
9/4
9/5
The seller or provider and the intermediary service provider, if any, are obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not informed in accordance with this regulation, he/she may exercise his/her right of withdrawal within one year from the date of expiry of the 14-day withdrawal period. If the consumer is informed about the right of withdrawal within the specified one-year period, the consumer may exercise the right of withdrawal within 14 days from the date of this information.
10/1
10/2
It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller, provider or intermediary service provider in writing or by permanent data storage before the expiry of the right of withdrawal.11/1
The seller or provider may have the consumer fill out a form in order to exercise the right of withdrawal or may offer an option on the website to send the withdrawal declaration. If the right of withdrawal is offered to consumers on the website, the seller or provider must notify the consumer that the withdrawal requests have reached them. (A sample withdrawal form annex has been created at the end of the Regulation.) If the sale is made via voice communication, the seller or provider must submit this form to the delivery of the goods or performance of the service at the latest.
must send it to the consumer.
11/2
11/3
In purchases made through the platform, the intermediary service provider is obliged to establish this system on the platform in order for the consumer to fill in the withdrawal form or send the withdrawal declaration and to indicate to the consumer that these withdrawal declarations have reached him and the seller or provider.11/5
Without prejudice to the provisions regarding subsidiary loan agreements, in the event that the consumer exercises his/her right of withdrawal, the subsidiary agreements shall automatically terminate. The consumer is not obliged to pay any costs, compensation or penal clauses except for the cases specified in the legislation. The seller or provider shall notify the party to the ancillary contract that the consumer has exercised the right of withdrawal, and if this contract has been realised on the platform of the intermediary service provider and has mediated the formation of the ancillary contract, the intermediary service provider shall also be obliged to make this notification.
14
TKHK 30
The right of withdrawal cannot be used in contracts established for the delivery of these products: Related Article Check
Goods or services for which the seller or supplier is unable to maintain stable pricing due to fluctuations in financial markets 15/1-a
Personalised orders 15/1-b
Perishable or expired goods 15/1-c
Products that are not suitable for health and hygiene, whose protective elements such as packaging, tape, seal, package are opened after delivery 15/1-ç
Goods that are mixed with other products after delivery and cannot be separated due to their nature 15/1-d
Books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods 15/1-e
Periodicals such as newspapers and magazines other than subscription agreements 15/1-f
Accommodation, goods transport, car hire, car hire, catering, entertainment or recreational services that must be performed on a specific date or period 15/1-g
Services performed instantly in electronic media or intangible goods delivered instantly to the consumer 15/1-ğ
Services started to be performed with the consent of the consumer before the expiry of the right of withdrawal period 15/1-h
Movables that are obliged to be registered according to the Highway Traffic Law dated 3/10/1983 and numbered 2918 and unmanned aerial vehicles that are obliged to be registered or registered 15/1-ı
Mobile phones, smart watches, tablets and computers delivered to the consumer 15/1-i
Commodities purchased through a live auction 15/1-j
Goods that are installed or assembled from the goods specified to be installed or assembled by the seller or authorised service in the identification and user manual 15/1-k
Obligations Related Article Control
The burden of proof regarding the preliminary information belongs to the seller or provider and the intermediary service provider.5/6
The seller or provider and the intermediary service provider must ensure that the consumer confirms that the consumer has obtained the preliminary information by 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.7/1
The seller shall refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of delivery of the goods subject to the right of withdrawal to the carrier specified in the preliminary information. However, if the consumer returns the goods by a carrier other than the one specified in the preliminary information, this period starts from the date the goods reach the seller. For sales and returns made on the platform of the intermediary service provider, the intermediary service provider is jointly and severally responsible with the seller for the return of all payments to the consumer, except in the case where the price is transferred to the seller after delivery.
12/1
If the distance sales contract is concluded on the platform of the intermediary service provider and the consumer exercises the right of withdrawal before the delivery of the goods, the intermediary service provider is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification of the exercise of the right of withdrawal. The same applies to distance sales contracts established for the performance of services.
12/2
12/3
The seller or provider must make all the above-mentioned reimbursements at once without creating any obligation in accordance with the payment instrument used by the consumer, without prejudice to the consumer’s expense obligation provision in Article 13-3. In distance contracts established through the platform, if the intermediary service provider collects the price on behalf of the seller or provider, it is jointly and severally liable for the return of the payment together with the seller or provider in cases other than after the delivery or performance of the goods or services to the consumer. If the payment is made by credit card, the banks shall add the amount transferred by the seller, provider or intermediary service provider to the available limit of the cardholder at one time following its receipt.12/4
When exercising the right of withdrawal, if the information about the carrier determined by the seller for the return, the amount of the return cost determined not to exceed the delivery cost when the goods are returned, the party to be covered by which party, and the information that the consumer will cover the return cost in case of return of the goods with a carrier other than the foreseen one are not specified in the preliminary information, the costs shall be borne by the seller or provider. Likewise, in the distance contracts established with the intermediary service provider through the platform, if the carrier determined in the preliminary information does not have a branch in the location of the consumer or if the branch is not available, the intermediary service
the costs and obligations in question must be borne by the intermediary service provider.
12/5
The seller or provider must immediately notify the intermediary service provider in case the consumer exercises the right of withdrawal in contracts established through the platform.12/6
The seller or provider is obliged to fulfil its performance within the period of time undertaken from the date of receipt of the consumer’s order (maximum 30 days, except for contracts for goods prepared in line with the consumer’s request or personal needs). Contracts for goods prepared in line with the consumer’s request or personal needs are excluded from this article. (If this obligation is not fulfilled, the consumer may terminate the contract).
16/1
16/2
If the contract is terminated, the seller or provider is obliged to repay all payments collected, including delivery costs, to the consumer with legal interest within fourteen days from the date of receipt of the notice of termination, and to return all negotiable instruments and similar documents, if any, that put the consumer under debt.
16/3
If it is impossible to fulfil the performance of the goods or services subject to the order, the seller / provider or the intermediary service provider, if it has collected the price on behalf of the seller or provider, is obliged to notify the consumer in writing or with a permanent data storage device within 3 days after learning and to return all payments collected, including delivery costs, if any, within fourteen days at the latest from the date of notification to the consumer. (Unavailability of the goods in stock is accepted as an impossibility.
is not provided.)
16/4
The seller is liable for the loss and damages incurred until the delivery of the goods to the consumer or to a third party to be determined by the consumer other than the carrier. If the consumer requests the goods to be sent by a carrier other than the one determined by the seller, the seller’s liability will be eliminated.
17/1
17/2
Before the conclusion of the contract, it is mandatory to obtain the explicit consent of the consumer separately in order to request any additional consideration other than the agreed base price arising from the contractual obligation. If this approval is not obtained and the consumer makes a payment and collects a fee on behalf of the seller or provider in distance contracts established through the platform with the seller or provider, the intermediary service provider must immediately refund these payments.
19/1
19/2
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. In the event that the subscription contract is established through the 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.
20/1
20/2
Obligations Related Article Control
The intermediary service provider must create the necessary system on its platform for the requests that may come from the consumer written below and keep it open continuously. It shall immediately forward these requests and notifications to the seller or provider.
a) Notification that the right of withdrawal has been exercised.
b) Notification of termination of the contract.
c) Request for refund of the price.
ç) Request for records regarding the transactions of consumers with the seller or provider.
d) Requests and complaints regarding delivery or performance.
12/A-1
12/A-2
The intermediary service provider shall be jointly and severally liable with the seller or provider for the provision and confirmation of the prior information and the proof of the prior information.12/A-3
If the data entry is made by the intermediary service provider, the intermediary service provider is responsible for the deficiencies in the issues that must be included in the preliminary information. If the distance contract is established through the platform, the intermediary service provider shall be jointly and severally liable with the seller or provider for the preliminary information. In cases where the data entry is made by the intermediary service provider, the intermediary service provider is responsible for the deficiencies in the mandatory matters specified in paragraph 1 of Article 5 and the accuracy of the data. Except for the cases where the data entry is made by the seller or the provider, the intermediary service provider is responsible for the deficiencies in the mandatory information specified in this article.
12/A-4
5/7
6/6
The intermediary service provider shall keep records of the consumer’s transactions with the seller or providers within the scope of this regulation for three years and shall provide this information to the relevant institutions and organisations and consumers upon request.
12/A-5
20/2
The intermediary service provider shall be liable for each consumer transaction in which the seller or provider causes the seller or provider to act contrary to Article 48 of the Law (Article on distance contracts in the TPL) and the provisions of this Regulation due to its practices contrary to the intermediary service agreement with the seller or provider.12/A-6
If the consumer exercises the right of withdrawal when the seller or provider collects the price on behalf of the consumer:
a) Before the delivery of the goods or the performance of the service, from the date of receipt of the notification that the right of withdrawal has been exercised,
b) After the delivery of the goods, if the price has not been transferred to the seller as of the date of receipt of the withdrawal notification, from the date of delivery of the goods subject to the right of withdrawal to the carrier foreseen for return or from the date it reaches the seller if it is returned by a carrier other than the one foreseen for return,
c) If the consumer uses the right to terminate the contract (Article 16), the seller or provider is jointly and severally responsible with the seller or provider for the return of the goods or service price and delivery costs to the consumer within fourteen days from the date of receipt of the termination notice.
12/A-7
If the intermediary service provider organises sales with campaigns, promotions or discounts without the approval of the seller or provider, it shall be liable for failure to meet the commitments related to the campaign and failure to perform the contract at all or as required.12/A-8
It is responsible for the compatibility and proof of the information promised in the advertisements and promotions made through the platform regarding the goods or services offered for sale and the issues that must be included in the preliminary information.12/A-9
