DISTANCE CONTRACTS REGULATIONS

FIRST PART

Purpose, Scope, Basis and Definitions

Goal

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

Scope

ARTICLE 2 - (1) This regulation applies to distance contracts.

(2) This regulation:

a) Financial services,

b) sales made through automatic machines,

c) public switched telephone with telecommunications operators through the use of this phone,

d) betting, sweepstakes, lotteries and similar services relating to games of chance,

d) formation of immovable property or rights to such property, transfer or acquisition,

e) Residential rental,

f) Package tours,

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

i) daily consumer goods such as food and beverages, consumers residence or workplace to be taken within the framework of the regular delivery of the seller,

h) the first paragraph of article 5 (a), (b) and (d) provide information in paragraphs liability with 18th and 19th the obligations in Article transport passengers without prejudice,

i) assembly of goods, maintenance and repair,

i) nursing home care, child social services to support families and individuals such as the elderly or patient care

It does not apply to related contracts.

Rest

Article 3 - (1) This regulation No. 6502 dated 07.11.2013 of the Consumer Protection Act is prepared based on the 48th and 84th article.

Definitions

Article 4 - (1) The implementation of this regulation;

a) Digital content: computer programs, applications, games, music, videos and any kind of text data as presented in digital form,

b) Service: Any other goods that are committed to providing a fee or interest on money made or made the subject of consumer transactions,

c) Permanent data register: Send the consumer, or he sent the information, text message, e-mail, allowing this knowledge objectives in accordance with a reasonable time to inspect providing manner to be saved and copied without modification to permit and to achieving exactly this information, internet, disks, CDs, DVDs, memory cards and other similar types of vehicles or media,

d) Law: Law No. 6502 on Consumer Protection,

d) Goods: Shopping on the subject; movable goods, leisure or residential immovable property intended to be used in the electronic media software, audio, video and all other kinds of intangible goods,

e) Distance contracts: Seller or simultaneous consumer provider without the physical presence of a system frame formed for the distance marketing of goods or services between parties established through the use of remote communication devices, including the time the contract is established that exist and establishing contracts,

f) Provider: providing services to or on behalf of or for the account moving natural or legal person offering services to consumers and commercial or professional purposes, including public entities,

g) Seller: commercial or professional purposes by offering consumer goods or producer offering acting on behalf of or for the account of a natural or legal person, including public entities,

i) Consumer: commercial or non-professional purposes, which move with the natural or legal person,

h) remote means of communication: letters, catalogs, telephone, fax, radio, television, electronic mail messages, short messages, allowing all kinds of physical faced gelinmeksiz internet tools such as the establishment of the contract or the environment,

i) The side agreement in connection with a distance contract vendor, provider or a third party contracted goods or services in addition to contract for goods or services provided to the consumer

It refers.

SECOND PART

Preliminary Disclosure Requirement

Preliminary information

ARTICLE 5 - (1) Consumer, or the corresponding established the distance to this contract before accepting any offer must be informed by the seller or provider will include all of the following matters.

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

b) the vendor or provider name or title, if MERSİS number,

c) allowing to establish contact quickly with the consumer's vendor or provider, full address of the seller or provider, phone number and so on with contact information if the vendor or on behalf of the provider or the account of moving the identity and address,

d) To convey the complaints of consumers of vendor or provider (c) If there are different contact information than specified in subparagraph, information about them,

d) Goods or total price including all taxes and service, procedure for calculating the price does not already be calculated as of the qualities, all the shipping, if any, delivery and other additional costs with information that may be paid additional costs fails to calculate them in advance,

e) the establishment phase of the contract can not be measured via the usual fee schedule payment for the use of remote communication tool, the additional cost imposed on consumers,

f) Payment, delivery, if any, information on performance for solutions to complaints and the seller or provider of commitments related to these methods,

g) In cases where the right of withdrawal, the conditions of use of this right, time, and information on the procedure stipulated by the carrier for the return of the seller,

i) The address will be made open declaration of withdrawal, fax number or e-mail information,

h) In accordance with Article 15 can not be used in cases of right of withdrawal, the consumer can not take advantage of the withdrawal or information about the conditions under which will lose the right of withdrawal,

i) Upon the request of the seller or provider, if any deposits or other financial guarantees to be paid or provided by the consumer and the conditions relating thereto,

i) If any technical protection measures that may affect the functionality of digital content,

j) the vendor or provider knows or reasonably be expected to know of, or information about what hardware can work with the software, digital content,

k) the information that they can refer this dispute to the Consumer Consumer Consumer Court or arbitral tribunal.

(2) The information in the first paragraph, is an integral part of the contract and the parties expressly agreed by the distance that information can not be changed otherwise.

(3) The seller or provider of the first paragraph (d) does not fulfill the disclosure obligations related to additional expenses Situated in me, the consumer is not obliged to meet them.

(4) the first paragraph (d) of the total price Located on me, indefinite-term contracts or on fixed-term subscription contracts, each billing period is mandatory to include the total cost basis.

(5) established in the contracts through open increment or decrement, the first paragraph (b), (c) and (d) given that the auction include information relating to the information contained in paragraphs instead.

(6) the burden of proof on that front disclosure made by the vendor or provider.

Pre-notification method

Article 6 - (1) Consumer, Article 5 on all matters mentioned in the first paragraph, at least twelve point font size in accordance with a remote communication tool that is used, in understandable language, clear, simple and readable way the dealer or in writing by the provider or permanent data It must be informed by the depositary.

(2) If the establishment of distance contracts via the Internet, the seller or provider;

a) Article 5 Without prejudice to the obligation to inform those in the first paragraph of the same paragraph (a), (d), (g) and (h) as a whole, the information contained in the paragraphs immediately before consumers do not fall under the obligation to pay a clearly also show,

b) have been implemented and which of any shipping restrictions accepted means of payment, before making the latest consumer orders, to indicate in a clear and understandable way

It is difficult.

(3) If the establishment through voice communication of distance contracts, the supplier or provider Article 5 of the first paragraph (a), (d), (g) and (h) the matters mentioned in paragraphs, wherein immediately before a clear and understandable way ordering consumer to inform the media and subject to Article 5 until the late delivery of goods or services to fulfill all of the information in the first paragraph must send in writing.

(4) information relating to the order by limited space or time in a which presents environment as establishing the distance contracts the supplier or provider Article 5 of the first paragraph (a), (b), (d), (g) and (h) mentioned in paragraphs matters in until immediately before ordering consumers clear and understandable manner to inform the said medium and Article 5 of all the information contained in the first paragraph to the late delivery of goods or services performed must send in writing.

(5) The third and established the method specified in the fourth paragraph and consumers in contracts related to the immediate performance of the service sales, the first paragraph of Article 5 of the said medium immediately before ordering only (a), (b), (d) and (h) in subparagraph is sufficient to inform in a clear and understandable manner on issues.

Preliminary information Confirmation

ARTICLE 7 - (1) vendor or provider, the consumer's 6th obtain preliminary information with the method that the material used must ensure that the remote communications device to confirm appropriately. Otherwise, the contract is considered to be established.

other liabilities related to inform Front

ARTICLE 8 - (1) The seller or provider, the consumer immediately before confirming the order, the consumer's payment obligation in respect to mean the order is obliged to inform a clear and understandable way. Otherwise, the consumer is not bound by the order.

(2) In case of a phone call from the purpose of the seller or provider to establish consumer distance contracts, the beginning of the seller or provider of the identity of each interview, if looking for another name or account should disclose that person's identity and the commercial purpose of the interview.

THIRD PART

Use of Withdrawal Rights and Obligations of the Parties

The right of withdrawal

ARTICLE 9 - (1) Consumer without signifying any reason within fourteen days and has the right to withdraw from the contract without paying penalty clauses.

(2) Cayman right time, on the day of conclusion of the contract in the contract for the performance of services; In contracts for the delivery of goods commences on the day the consumer or a third person designated by the consumer takes delivery of the goods. But consumers also in the period until delivery of the goods to the establishment of the contract may exercise its right of withdrawal.

(3) determining the withdrawal right time;

a) a single subject in order goods delivered separately, the consumer or the third person designated by the consumer end of the day of receipt of goods,

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

c) the contract was made in the regular delivery of goods during a certain period of time, the day the consumer or a third party designated by the consumer takes delivery of the first property

It shall prevail.

(4) the delivery of goods to the carrier by the vendor to the customer that delivery is not considered.

(5) the contract was made in conjunction with service performance delivery of goods, the right of withdrawal for the delivery of goods shall be applied.

informing Missing

ARTICLE 10 - (1) The seller or provider is obliged to prove that the consumer be informed about the right of withdrawal. The consumer is not informed about the right of withdrawal as required, to use its right of withdrawal it is not due for fourteen days. In any case, this time from the date of expiration of the withdrawal period ended a year later.

(2) if it has done in one year's time as necessary to inform about the right of withdrawal, the fourteen-day right of withdrawal period, from the day that made this acknowledgment starts processing as required.

The use of the right of withdrawal

ARTICLE 11 - (1) The notification of the right to use the right of withdrawal before the withdrawal period is sufficient to be directed in writing by the vendor or provider of data registers or permanently.

(2) the exercise of the right of withdrawal the consumer, in a clear statement indicating the withdrawal decision can be found as can use the form in the appendix. The vendor or provider, the consumer can also offer the option via the website to be able to send the declaration of withdrawal or fill out this form. In case of submission of the right of withdrawal to consumers through the web site vendor or provider, the consumer of the information that they receive confirmation of the withdrawal request which was obliged to convey the message to the consumer immediately.

(3) Voice communications of sales made by the supplier or provider, the forms in addition to the late delivery of goods or services carried out shall send to the consumer. As can also use this form to use his right of withdrawal in such consumer sales may also use the methods in the second paragraph.

(4) the burden of proof for the use of the right of withdrawal in this article by the consumer.

liabilities of the seller or provider

ARTICLE 12 - (1) The seller or provider, from the date the consumer get himself notification that use its right of withdrawal within fourteen days, it is obliged to return all payments were charged, including delivery costs to the consumer of the goods, if any.

(2) The seller or provider, all repayments in the first paragraph, in which the consumer's payment when buying a used vehicle in an appropriate manner, and without bringing any charges or liability to the consumer must make at one time.

(3) the use of the right of withdrawal, the first paragraph of Article 5 (g) under subparagraph if the goods to be sent back via the carrier noted the seller for a refund, return the consumer shall not be liable for costs. Seller's return for pre-informing specify where any carrier, however, can not claim any costs related to the reimbursement of costs from consumers. Returns for informing the carrier of the front, in the absence of vendor branch where the consumer is located, is obliged to provide any additional costs without demanding the return of the goods desired to be taken from the consumers.

Consumers obligations

ARTICLE 13 - (1) The seller or provider of the goods itself, in a bid unless on the back will, from the date the question of notification on the use of the right to deter consumers is to send it back to the person that authorize or to the property vendor or provider within ten days.

(2) consumer goods within the withdrawal period, operations, their specifications and instructions for use, if used appropriately is not responsible for changes and deterioration from occurring.

The effect of the exercise of the right side agreements Cayman

ARTICLE 14 - (1) the provisions of Article 30 of the Law, without prejudice to its right of withdrawal if the consumer use as well as contracts are automatically terminated. In this case the consumer, Article 13 of any expenses except in cases specified in the second paragraph, it is not obliged to pay compensation or penalty clauses.

(2) The seller or provider, the consumer side of the side agreements that use its right of withdrawal should be reported immediately to a third party.

Exceptions to the right of withdrawal

ARTICLE 15 - (1) Unless otherwise agreed by the Parties, the consumer can not use the right of withdrawal in the following contracts:

a) Price is not in the financial markets and varying depending on the fluctuations in the control of the seller or provider of goods or services related to the contract.

b) contracts relating to goods prepared at the request of the consumer or personal needs.

c) contracts for the delivery of perishable goods that can be passed expiration date or the end can be.

c) after delivery packaging, tape, seal, protective elements such as packages of goods opened; extradition agreements relating to the delivery of health and hygiene unfavorable.

d) the separation of interfering with other items after delivery and nature of contracts relating to goods not possible.

e) The goods are delivered after packing, tape, seal, package material presented in the book to be opened if the protective elements such as environment, digital content and contracts for computer supplies.

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

g) it must be performed on a specific date or period, accommodation, transport of goods, car rental, food and beverage and entertainment or recreation in order to supply contracts relating to the assessment made leisure time.

i) Electronic services are carried out immediately in the environment or consumer contracts related to intangible goods delivered instantly.

h) The right of withdrawal before the end of the period, contracts related to services started to be carried out with the consent of the consumer.

PART FOUR

Other Provisions

Contract execution and delivery

ARTICLE 16 - (1) The seller or provider, the consumer's order of the acts committed during the period from the date of receipt must fulfill. in any case, this period can not exceed thirty days from the sale of goods.

(2) The seller or provider of the case does not fulfill its obligations in the first paragraph, the consumer may terminate the contract.

(3) In the event of termination of the contract, the seller or provider, if delivery costs including a charge to all payments from the date of receipt by him of the notice of termination within fourteen days consumers 04/12/1984 dated and 3095 numbered Law on Legal Interest and Default Interest 1 determined in accordance with Article together with legal interest and pay it back if the consumer is obliged to return all the debts into negotiable instruments and similar documents.

(4) If the report and if the shipment of goods, or in cases where it impossible for the fulfillment of the service acts vendor or provider from the date he learned of this case in writing to the consumer within three days or permanent data registers since all payments to the date of notification were charged, including delivery costs at now it is obliged to return it within fourteen days. The lack of availability of goods in stock, can not be considered to be impossible the fulfillment of actual goods.

Liability for damage

ARTICLE 17 - (1) The seller is responsible for the loss and damage of the product to the consumer or to a third party until the delivery of the consumer to be determined outside of the carrier.

(2) When the consumer to demand that the seller of the goods sent by another carrier other than the carrier determines is not responsible for loss or damage that may occur from the seller about the goods delivered to the carrier.

Telephone usage charge

ARTICLE 18 - (1) with regard to contracts Established in case of allocating a telephone line by the seller or provider to contact consumers can not choose a higher rate than the line with regard to the seller or provider of the usual tariff.

Additional payments

ARTICLE 19 - (1) before the contract is established, any additional cost to the consumer's consent as claimed above and outside the agreed contractual obligations incurred because it is also essential to take.

(2) due to be presented as a self-selected option of generating additional payment obligation without the explicit consent of the consumer if the consumer has made a payment, the seller or provider is obliged to immediately return these payments.

Information storage and burden of proof

ARTICLE 20 - (1) The seller or provider, held a right of withdrawal under this Regulation, inform, and delivery of information and documents concerning their obligations in other matters relating to each transaction is required to keep for three years.

(2) the system under which they have created, using remote communications means or used to by the vendor or provider on behalf of distance contracts established to mediate, records to keep for three years for transactions carried out with due seller or provider of the matters contained in this Regulation and the information relevant agencies, if desired, and organizations are obliged to provide to consumers.

(3) the vendor or provider of electronic consumer goods delivered royalties or performance of the service is obliged to prove that the non-defective.

PART FIVE

Miscellaneous and Final Provisions

Repealed regulations

ARTICLE 21 - (1) dated 06.03.2011 and numbered 27866 Distance Contracts repealed Regulation published in the Official Gazette has been removed.

Force

ARTICLE 22 - (1) from the date of publication of this Regulation shall enter into force three months later.

Executive

ARTICLE 23 - (1) These Regulations are enforced by the Customs and Trade Minister.

ADDITIONAL

EXAMPLE CAYMAN FORM

(This form is to be used only when required to fill the right to withdraw from the contract

It will be sent.)

-Who: (Seller or seller in this section to be completed by the provider or the provider's name, title, address, fax number and will take place if the e-mail address.)

-This contract for submission of forms from the sale of the following goods or services I use my right to declare withdrawal.

-Order date or delivery date:

-Tea goods or services subject to the right:

-Tea subject to the right of the value of goods or services:

name and surname of -Household:

-Household address:

Signature of -Household: (Only if submitted on paper)

-History: