DISTANCE SALES CONTRACT Official Gazette dated 27 November 2014 Issue: 29188 From the Ministry of Customs and Trade: REGULATION ON DISTANCE CONTRACTS PART ONE Purpose, Scope, Legal Basis and Definitions Purpose Article 1 The purpose of this Regulation is to regulate the procedures and principles regarding the implementation of distance contracts. Scope Article 2 This Regulation applies to distance contracts. The provisions of this Regulation shall not apply to contracts regarding: a) Financial services, b) Sales made via automatic machines, c) The use of publicly available telephones through telecommunications operators, ç) Services related to betting, lotteries, raffles and similar games of chance, d) The creation, transfer or acquisition of immovable property or rights relating to such property, e) Rental of residential property, f) Package tours, g) Time-share, long-term holiday services and the resale or exchange of these, ğ) Delivery of daily consumption items such as foodstuffs and beverages to the consumer’s residence or workplace by the trader under a regular delivery system, h) Passenger transport services, provided that the information obligation in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations in Articles 18 and 19 are reserved, ı) Assembly, maintenance and repair of goods, i) Nursing home services and contracts relating to social services intended to support families and individuals, such as child, elderly or patient care. Legal Basis Article 3 This Regulation has been prepared on the basis of Articles 48 and 84 of Law No. 6502 on the Protection of Consumers dated 7/11/2013. Definitions Article 4 For the purposes of this Regulation: a) Digital content: Any kind of data presented in digital form such as computer programs, applications, games, music, video and text, b) Service: Any consumer transaction other than the supply of goods that is performed or undertaken to be performed in return for a fee or benefit, c) Durable data carrier: Any tool or medium such as SMS, e-mail, internet, disk, CD, DVD, memory card and similar that enables the recording of information sent by the consumer or provided to the consumer in a way that allows the consumer to examine it for a period of time appropriate to its purpose, and which allows this information to be copied without alteration and accessed in the same form, ç) Law: Law No. 6502 on the Protection of Consumers, d) Goods: Movable property subject to purchase; immovable property for residential or holiday purposes, and any kind of intangible goods such as software, audio, visual products and similar prepared for use in electronic media, e) Distance contract: Contracts concluded between the seller or supplier and the consumer within the framework of a system established for the distance marketing of goods or services, without the simultaneous physical presence of the parties, by using distance communication tools until and including the moment the contract is concluded, f) Supplier: Any natural or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes or acts on behalf or on account of the person who provides the service, g) Seller: Any natural or legal person, including public legal entities, who provides goods to the consumer for commercial or professional purposes or acts on behalf or on account of the person who provides the goods, ğ) Consumer: Any natural or legal person acting for purposes that are not commercial or professional, h) Distance communication tool: Any means or medium such as letter, catalogue, telephone, fax, radio, television, e-mail, short message (SMS), internet, which allows the conclusion of a contract without the parties being physically face to face, ı) Ancillary contract: A contract for the goods or services provided to the consumer as an addition to the goods or services which are the subject of the main distance contract, concluded by the seller, supplier or a third party in connection with a distance contract. PART TWO Pre-contractual Information Obligation Pre-contractual information Article 5 Before the distance contract is concluded or the consumer accepts any corresponding offer, the consumer must be informed by the seller or supplier, covering all of the following points: a) The main characteristics of the goods or services subject to the contract, b) The name or trade name of the seller or supplier and, if any, its MERSIS number, c) The full address, telephone number and similar contact information of the seller or supplier enabling the consumer to contact them quickly and, where applicable, the identity and address of the person acting on behalf of or on account of the seller or supplier, ç) If different from the contact details in subparagraph (c), the contact details to which the consumer can send complaints to the seller or supplier, d) The total price of the goods or services including all taxes, or, where the nature of the goods or services does not allow the price to be calculated in advance, the method of calculating the price, and any additional costs such as freight, delivery and similar charges, and where these cannot be calculated in advance, information that such additional costs may be payable, e) In cases where the cost of using the distance communication tool for the conclusion of the contract cannot be calculated based on the ordinary tariff, any additional cost charged to the consumer, f) Information on payment, delivery and performance and, where applicable, commitments regarding these, and the methods of handling complaints by the seller or supplier, g) Where a right of withdrawal exists, the conditions, period and procedure for exercising this right, and information regarding the carrier stipulated by the seller for the return of the goods, ğ) The full address, fax number or e-mail address to which the notice of withdrawal will be sent, h) In cases where the right of withdrawal cannot be exercised pursuant to Article 15, information that the consumer cannot benefit from the right of withdrawal or under which conditions the consumer will lose this right, ı) Where requested by the seller or supplier, any deposits or other financial guarantees that must be paid or provided by the consumer and the conditions relating thereto, i) Any technical protection measures that may affect the functionality of digital content, j) Information on the hardware and software with which the digital content is compatible, that the seller or supplier knows or can reasonably be expected to know, k) Information that consumers may apply to the Consumer Court or Consumer Arbitration Committee for disputes. The information referred to in the first paragraph forms an integral part of the distance contract and may not be altered unless expressly agreed otherwise by the parties. If the seller or supplier fails to fulfil the information obligation regarding additional costs specified in subparagraph (d) of the first paragraph, the consumer shall not be liable to bear such costs. The total price referred to in subparagraph (d) of the first paragraph must, in the case of contracts of indefinite duration or subscription contracts of a fixed duration, include the total costs per billing period. In contracts concluded by auction or reverse auction, the information specified in subparagraphs (b), (c) and (ç) of the first paragraph may be replaced by information relating to the person conducting the auction. The burden of proof that pre-contractual information has been provided lies with the seller or supplier. Method of pre-contractual information Article 6 The consumer must be informed by the seller or supplier, in respect of all matters listed in the first paragraph of Article 5, in writing or by means of a durable data carrier, in a clear, plain and legible manner, using a font size of at least twelve points and in comprehensible language, appropriate to the distance communication tool used. Where the distance contract is concluded via the internet, the seller or supplier must: a) Without prejudice to the information obligation set out in the first paragraph of Article 5, clearly and prominently present, as a whole and separately, the information referred to in subparagraphs (a), (d), (g) and (h) of the same paragraph immediately before the consumer becomes bound by a payment obligation, b) Indicate clearly and understandably, no later than before the consumer places the order, whether any delivery restrictions apply and which means of payment are accepted. Where the distance contract is concluded through voice communication, the seller or supplier must clearly and understandably inform the consumer, in that medium and immediately before the consumer places the order, of the matters set out in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, and must send all of the information in the first paragraph of Article 5 to the consumer in writing no later than the delivery of the goods or performance of the service. Where the distance contract is concluded through a medium in which the information relating to the order is presented within limited space or time, the seller or supplier must clearly and understandably inform the consumer, in that medium and immediately before the consumer places the order, of the matters set out in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, and must send all of the information in the first paragraph of Article 5 to the consumer in writing no later than the delivery of the goods or performance of the service. In the case of contracts relating to the sale of services that are concluded and performed immediately by the methods specified in paragraphs three and four, it is sufficient that, immediately before placing the order, the consumer is clearly and understandably informed in that medium only of the matters set out in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5. Confirmation of pre-contractual information Article 7 The seller or supplier must ensure, in a manner appropriate to the distance communication tool used, that the consumer confirms having obtained the pre-contractual information referred to in Article 6. Otherwise, the contract shall be deemed not to have been concluded. Other obligations relating to pre-contractual information Article 8 Immediately before the consumer confirms the order, the seller or supplier must clearly and understandably inform the consumer that the order implies an obligation to pay. Otherwise, the consumer shall not be bound by the order. Where the consumer is called by the seller or supplier for the purpose of concluding a distance contract, at the beginning of each conversation the seller or supplier must state its identity, and if calling on behalf of or for the account of another person, the identity of that person and the commercial purpose of the conversation. PART THREE Exercise of the Right of Withdrawal and Obligations of the Parties Right of withdrawal Article 9 The consumer has the right to withdraw from the contract within fourteen days without stating any reason and without incurring any penalty. The withdrawal period starts on the day the contract is concluded for service contracts, and on the day the consumer or a third party indicated by the consumer other than the carrier receives the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract until delivery of the goods. For the determination of the withdrawal period: a) In the case of goods ordered under a single order but delivered separately, the day on which the consumer or a third party indicated by the consumer receives the last goods, b) In the case of goods consisting of multiple lots or pieces, the day on which the consumer or a third party indicated by the consumer receives the last lot or piece, c) In contracts where goods are delivered regularly for a certain period, the day on which the consumer or a third party indicated by the consumer receives the first goods shall be taken as a basis. Delivery of the goods by the seller to the carrier shall not be considered as delivery to the consumer. In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply. Incomplete information Article 10 The seller or supplier is obliged to prove that the consumer has been informed regarding the right of withdrawal. If the consumer is not duly informed regarding the right of withdrawal, the consumer shall not be bound by the fourteen-day withdrawal period to exercise this right. In any event, this period expires one year after the end of the original withdrawal period. If proper information regarding the right of withdrawal is provided within the one-year period, the fourteen-day withdrawal period shall start from the day on which such information is duly given. Exercise of the right of withdrawal Article 11 It is sufficient that the notice relating to the exercise of the right of withdrawal is sent to the seller or supplier in writing or by means of a durable data carrier before the expiry of the withdrawal period. In exercising the right of withdrawal, the consumer may use the form set out in the Annex or may make any other clear statement indicating the decision to withdraw. The seller or supplier may also provide an option on its website for the consumer to fill in this form or to send the notice of withdrawal. Where the right of withdrawal is offered on the website, the seller or supplier must immediately send the consumer a confirmation that it has received the withdrawal request. In sales made via voice communication, the seller or supplier must send the form set out in the Annex to the consumer no later than the delivery of the goods or 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 specified in the second paragraph. The burden of proof regarding the exercise of the right of withdrawal in this Article lies with the consumer. Obligations of the seller or supplier Article 12 The seller or supplier must refund all payments received from the consumer, including, where applicable, the costs of delivering the goods to the consumer, within fourteen days from the date on which the notice that the consumer has exercised the right of withdrawal reaches them. The seller or supplier must make all such refunds specified in the first paragraph in a single instalment, using the same payment instrument used by the consumer in the original transaction, unless the consumer has expressly agreed otherwise, and the consumer shall not incur any fee or obligation as a result of such refund. Where the goods are returned via the carrier specified by the seller for the purpose of returns under subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held liable for the costs of return. If the seller has not specified any carrier for the return in the pre-contractual information, no cost related to the return can be charged to the consumer. If the carrier specified in the pre-contractual information for the return has no branch at the consumer’s location, the seller is obliged to ensure that the goods to be returned are collected from the consumer without requesting any additional cost. Obligations of the consumer Article 13 Unless the seller or supplier has offered to collect the goods themselves, the consumer must return the goods to the seller or supplier or to the person authorised by them within ten days from the date on which the notice that the right of withdrawal has been exercised is sent. Provided that the consumer uses the goods in accordance with their functioning, technical specifications and user instructions during the withdrawal period, the consumer shall not be liable for any changes or deterioration in the goods. Effect of the exercise of the right of withdrawal on ancillary contracts Article 14 Without prejudice to the provisions of Article 30 of the Law, ancillary contracts shall automatically terminate upon the consumer’s exercise of the right of withdrawal. In this case, the consumer shall not be obliged to pay any costs, compensation or penalty clause, except in the circumstances mentioned in the second paragraph of Article 13. The seller or supplier must immediately notify the third party that is party to the ancillary contract that the consumer has exercised the right of withdrawal. Exceptions to the right of withdrawal Article 15 Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following contracts: a) Contracts relating to goods or services whose price depends on fluctuations in financial markets that are beyond the control of the seller or supplier and may occur within the withdrawal period, b) Contracts relating to goods prepared in line with the consumer’s requests or personal needs, c) Contracts relating to the delivery of goods that may quickly deteriorate or expire, ç) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and which are not suitable for return due to health or hygiene reasons, d) Contracts relating to goods that, after delivery, are mixed with other products in such a way that they cannot be separated due to their nature, e) Contracts relating to books, digital content and computer consumables presented in a tangible medium where the protective elements such as packaging, tape, seal or package have been opened after delivery, f) Contracts relating to the delivery of newspapers and periodicals other than those provided under a subscription contract, g) Contracts relating to accommodation, transport of goods, car rental, supply of food and beverages and services relating to leisure activities for entertainment or rest 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 where performance has begun with the consumer’s consent before the end of the withdrawal period. PART FOUR Other Provisions Performance of the contract and delivery Article 16 The seller or supplier must fulfil its obligation within the period it has committed from the date the consumer’s order reaches it. In contracts for the sale of goods, this period may not exceed thirty days under any circumstances. If the seller or supplier fails to fulfil the obligation specified in the first paragraph, the consumer may terminate the contract. In the event of termination of the contract, the seller or supplier must refund to the consumer, within fourteen days from the date on which the notice of termination reaches them, all payments collected, including, where applicable, delivery costs, together with legal interest determined in accordance with Article 1 of the Law No. 3095 on Legal Interest and Default Interest dated 4/12/1984, and must return any valuable papers and similar documents which put the consumer under debt, if any. In cases where the performance of the obligation relating to the goods or services subject to the order becomes impossible, the seller or supplier must notify the consumer of this situation in writing or via a durable data carrier within three days from the date it becomes aware of this situation, and must refund all payments collected, including, where applicable, delivery costs, within fourteen days at the latest from the date of notification. Lack of stock is not considered a situation in which the performance of the obligation to deliver the goods has become impossible. Liability for damage Article 17 The seller is liable for any loss or damage to the goods until they are delivered to the consumer or to a third party other than the carrier and indicated by the consumer. If the consumer requests that the goods be sent with a carrier other than the one specified by the seller, the seller shall not be liable for any loss or damage that may occur from the delivery of the goods to the relevant carrier onwards. Telephone usage charges Article 18 Where a telephone line is allocated by the seller or supplier for consumers to contact them regarding a concluded contract, the seller or supplier may not choose a tariff for that line higher than the ordinary tariff. Additional payments Article 19 Before the contract is concluded, in order to charge any additional amount other than the principal price agreed as arising from the contractual obligation, the express consent of the consumer must be obtained separately. If the consumer has made a payment due to options that impose an additional payment obligation being presented as pre-selected without the consumer’s express consent, the seller or supplier must immediately refund such payments. Storage of information and burden of proof Article 20 The seller or supplier must keep all information and documents relating to each transaction concerning its obligations under this Regulation regarding the right of withdrawal, information, delivery and other matters for three years. Those who, within the framework of the systems they have established, act as intermediaries in the conclusion of distance contracts on behalf of the seller or supplier by using or enabling the use of distance communication tools, must keep the records relating to the transactions performed with the seller or supplier under this Regulation for three years and, upon request, must provide this information to the relevant institutions, organisations and consumers. The seller or supplier is obliged to prove that intangible goods delivered electronically to the consumer or services performed are free from defects. PART FIVE Miscellaneous and Final Provisions Regulation repealed Article 21 The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 is hereby repealed. Entry into force Article 22 This Regulation shall enter into force three months after its publication date. Enforcement Article 23 The provisions of this Regulation shall be enforced by the Minister of Customs and Trade. Additional Information Pursuant to Article 1 of the Regulation on Amendments to the Regulation on Bank Cards and Credit Cards, which entered into force on 02.01.2014, instalment payments cannot be applied to purchases of food and cosmetic products. Baby Care Products No exchanges or returns are made for Baby Care Products. For any damage to the package or product occurring during delivery, you must have a report (record) issued. If there is any damage to the product, do not take delivery of the product; have a report issued by the cargo (courier) company and refuse the delivery. B&G STORE MAĞAZACILIK ANONİM ŞİRKETİ Phone: 444 21 81 E-mail: [email protected] MERSIS No: 0168 0951 5480 0001