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where the goods are out of stock, will not be considered as impossibility
of performance.
It is stated that in such occasion, the seller or the supplier can supply
other goods or services equivalent in quality and value provided that the
contract allows to do so and it is obvious that contract goods or services
cannot be supplied due to justifiable cause and the consumer gives his
consent after being informed in a clear and comprehensible manner.
It is regulated that if unsolicited goods or services are supplied,
the seller or the supplier cannot claim any rights against the consumer
except the situation where the goods or services are used by the
consumer. Moreover, it is stated that the consumer’s failure to reply does
not constitute consent and the consumer is not liable to return back or
maintain the goods.
In article 12 of the Regulation the seller or the supplier is obliged
to build a system which allows the consumer to obtain information and
exercise his right of withdrawal and to keep written, verbal or electronic
data for three years. It is stipulated that the burden of proof is on the seller
or the supplier to establish that intangible goods or services, supplied
through electronic means, were free from defects.
The “Regulation onApplication Procedures and Principles of Distance
Contracts”, which was published in the Official Gazette dated 13.06.2003
and numbered 25137, has been abrogated following the enforcement of
the Regulation, explained herein above.