Distance Sales Agreement

REGULATION ON THE IMPLEMENTATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS
(Published in the Official Gazette dated 14 June 2003 – Issue No. 25137)

Purpose
This Regulation regulates the procedures and principles applicable to distance contracts concluded without the simultaneous physical presence of the consumer and the seller or service provider, through written, visual, telephone, electronic or other communication tools, where the delivery of goods or the performance of services is agreed to take place either immediately or at a later date.

Scope and Legal Basis
The Regulation applies to all such distance contracts and is based on Articles 31 and 9/A of Law No. 4077 on the Protection of Consumers.

Definitions
For the purposes of this Regulation, “goods” refer to movable property subject to trade, residential and holiday real estate, and intangible products such as software, audio and visual materials prepared for electronic use; “services” refer to any activity performed in return for a fee other than the supply of goods; “seller” and “provider” refer to real or legal persons offering goods or services within the scope of their commercial or professional activities; “consumer” refers to a real or legal person acquiring or benefiting from goods or services for non-commercial purposes; “credit provider” refers to authorized financial institutions granting consumer loans; “distance contract” refers to contracts concluded without face-to-face interaction through communication tools; and “durable data medium” refers to any tool that enables the consumer to store and reproduce information unchanged for a reasonable period.

Preliminary Information and Confirmation
Before the conclusion of a distance contract, the consumer must be clearly informed, through an information form, about the seller’s identity and contact details, the essential characteristics of the goods or services, the total price including taxes, payment methods, delivery conditions and related costs, the right of withdrawal and how to exercise it, complaint channels, and other relevant details. The contract cannot be concluded unless the consumer confirms receipt of this information, and in electronic contracts such confirmation must also be given electronically. The seller or provider must deliver the contract and information form to the consumer via a durable data medium before delivery of goods or performance of services, and bears the burden of proof in case of dispute.

Contract Requirements
The contract must include details such as the parties’ identities, contract date, delivery terms, total price including taxes, installment and interest information if applicable, payment plan, and the legal consequences of default.

Right of Withdrawal
In distance sales of goods, the consumer has the right to withdraw within seven days from delivery without providing any reason or incurring any penalty. In service contracts, the withdrawal period begins on the date of conclusion unless performance starts earlier with the consumer’s consent. The right of withdrawal does not apply to instantly performed electronic services, instantly delivered goods, personalized products, or perishable goods. If the right of withdrawal is exercised, the seller must refund payments within ten days and retrieve the goods within twenty days. Any related credit agreement is automatically terminated without penalty upon written notification.

Obligations of the Seller or Provider
The seller or provider must fulfill their obligations within thirty days from receipt of the order, which may be extended by up to ten days with prior written notice. If performance becomes impossible, the consumer must be informed before the end of this period and payments must be refunded within ten days. In case of dispute, the burden of proof lies with the seller or provider.

Refund
In cases of unauthorized use of a credit card, the issuing institution must refund the consumer within ten days of notification.

Entry into Force and Enforcement
This Regulation entered into force on 14 June 2003 and is executed by the Minister of Industry and Trade.