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Distance Selling Contract

Distance Contracts

ARTICLE 48- (1) Distance contracts are contracts concluded between the seller or supplier and the consumer without the simultaneous physical presence of the parties, within the framework of a system established for the distant marketing of goods or services until the moment of the conclusion of the contract and including the moment of its conclusion between the parties, through the use of a means of telecommunication.

(2) The consumer shall be notified in a clear and eligible manner by the seller or the supplier, prior to accepting the distance contract or any offer corresponding to such about the matters for which details are determined by the regulation and that the consumer will be bound by a payment liability should the order be approved. The seller or the supplier is liable for proving that the consumer has been notified.

(3) The seller or the supplier is responsible of performing within the promised period, as of the moment the consumer’s order is received. In any case, this period shall not exceed thirty (30) days in the sale of goods. The consumer may cancel the contract if the seller or supplier fails to perform within such period.

(4) The consumer has the right of withdrawal from the distance contracts within fourteen (14) days without giving any reasons and paying any penalties. Sending the notification declaring the right of withdrawal has been used to the seller or supplier within this period is sufficient. The seller or supplier is liable for proving that the consumer has been notified regarding the right of withdrawal. If the consumer is not adequately informed of the right of withdrawal, the consumer shall not be bound by the fourteen-day (14) period for the use of such right. In any case, this period ends a year after the expiry date of the right of withdrawal. The consumer is not liable for the changes and deterioration due to the ordinary use of the good during the right of withdrawal period.

(5) Intermediaries in distance contracts acting on behalf of the seller or supplier via distance communication means within the frame of a system they have formed, are responsible for keeping the records of the transactions with the seller or supplier as a result of the matters in this article and from submitting such to the relevant institution, corporation and consumers, if requested. However, those mediating under the scope of this paragraph are responsible for the wrongful acts against the contract they have made with the seller or supplier.

(6) Procedures and principles related to out of scope contracts, the rights and obligations of the consumer and the seller and supplier, the right of withdrawal, obligation of notification, delivery, and other implementations shall be determined by regulations in distance contracts. Distance Contracts concerning Financial Services

ARTICLE 49- (1) Financial services shall mean all kinds of banking services, services concerning credit, insurance, private pension, investment and payment. Distance contracts related to financial services are contracts concluded between the supplier and the consumer within the framework of a scheme established for the distant marketing of financial services, by using distance communication means.

(2) In distance contracts concerning financial services, it is mandatory that the consumer is notified accordingly regarding the right of withdrawal, that the consumer will undertake responsibility once the consumer grants an approval declaration and other matters details of which will be determined by the Ministry, in a clear and eligible manner, in accordance with the used communication tools, prior to the consumer expressing the consumer’s will on the establishment of the contract. It must be comprehensible that such notification is being made for commercial purposes, and in cases where audio communication tools are used the identification of the supplier and the reason for the call request shall be clarified at the beginning of each call. The consumer’s approval declaration for the establishment of a contract shall be recorded or determined in a physical or electronic medium, in accordance with the communication tools used. The supplier is responsible for taking all the precautions for the notification of the right of withdrawal and for the determination or recordings that will be made on a physical or electronic medium.

(3) The supplier must deliver all the terms of the contract and other matters to be determined by the Ministry, to the consumer on a piece of paper or on a durable media. This liability shall be performed prior to the consumer directing the declaration of will that establishes the contract or upon the request of the consumer, immediately after the establishment of the contract in the event a contract has been concluded through the use of a distance communication means not suitable for a written notification.

28 (4) The consumer may request a written copy of the contract printed on paper during the continuation of the contract relationship, without making any payments. Moreover, if it complies with the characteristics of the financial service, the consumer has the right to change the distance communication means used. (5) The consumer is entitled to withdrawing from distance contracts concerning financial services within fourteen (14) days, without having to state any reason or incurring any penalties. The submission of the notification regarding the use of the right to withdraw to the supplier in such time is sufficient. The supplier is liable to prove that the consumer has been notified regarding the right of withdrawal. In contracts related to insurance agreements and private pension, provisions that are to the benefit of the consumer which are included in the other legislation shall be used regarding the withdrawal period.

(6) It is sufficient for the consumer to communicate the request for terminating the contract, in distance contracts concerning financial services via a distance communication means. To terminate a contract, the consumer may not be forced to use a method that contains heavier conditions than the one used in establishing the contract.

(7) Procedures and principles related to the use of distance communication means, out of scope contracts, payment by card, the right and obligations of the consumer and the supplier, the right of withdrawal and other implementations shall be determined by regulations in distance contracts concerning financial services.