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The Regulation on Distance Selling Contracts
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Att. Ceyda Büyükoral
The “Regulation on Distance Selling Contracts” (“Regulation”),
prepared by the Ministry of Industry and Trade, entered into force after
being published in the Official Gazette dated 06.03.2011 and numbered
27866.
In the Regulation, which is prepared on the basis of Consumer
Protection Law no. 4077, the application procedures and principles are
set forth. Distance contract is defined under article 4 of the Regulation.
Pursuant to this article, distance contract is defined as; “a contract
concluded by using written, visual or electronic means or any other means
which do not require the physical presence of the parties to the contract
and where the parties agree that the delivery or performance of the goods
or services is to be effectuated instantaneously or subsequently.”
It is stipulated in article 5 of the Regulation that prior to the conclusion
of any distance contract, the consumer must be providedwith the following
information in a clear, comprehensible and appropriate manner.
1. The name, title, explicit address, phone and other contact details
of the seller or the supplier,
2. The main characteristics of the contract goods or services,
3. The sale price of the goods or services in Turkish Liras including
all the taxes,
4. The delivery costs, if any,
5. The arrangements for payment, delivery or performance,
6. The conditions and the way of exercising the right of withdrawal,
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Article of April 2011