Distance Sales Agreement

REGULATION ON DISTANCE CONTRACTS

 

PART ONE

Aim, Scope, Basis and Definitions

 

Aim

ARTICLE 1 – (1) The aim of this Regulation is to regulate the procedures and principles of implementation regarding distance contracts.

Scope

ARTICLE 2 – (1) This Regulation applies to distance contracts.

(2) The provisions of this Regulation;

a) Financial services,

b) Sales made through automatic machines,

c) Use of public telephones with telecommunication operators,

ç) Services related to betting, lotteries, raffles and similar games of chance,

d) Formation, transfer or acquisition of immovable properties or rights related to them,

e) Housing rentals,

f) Package tours,

g) Timeshare, holiday ownership, long-term holiday services and their resale or exchange,

ğ) Delivery of daily consumer goods such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,

h) Passenger transport services, provided that the obligations regarding information stipulated in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations stipulated in Articles 18 and 19 are reserved,

ı) Installation, maintenance and repair of goods,

i) Social services aimed at supporting families and individuals, such as nursing home services, childcare, elderly or sick care,

j) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ Value-added electronic communication services established via short message and fully performed simultaneously without subscription, and donations within the scope of Law No. 2860 on Fund Raising dated 23/6/1983, and value-added electronic communication services provided by public institutions,

do not apply to contracts related to.

Basis

ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Law on Consumer Protection No. 6502 dated 7/11/2013.

Definitions

ARTICLE 4 – (1) For the purposes of this Regulation;

a) Digital content: Any data presented in digital form, such as computer programs, applications, games, music, videos and text,

b) Service: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed for a fee or benefit,

c) Durable data storage medium: Any tool or medium such as short message, e-mail, internet, disk, CD, DVD, memory card, etc., which allows the consumer to record the information sent by or to them in a way that allows them to examine it for a reasonable period of time in accordance with its purpose and to copy it without alteration, and which allows access to this information in its original form,

ç) Law: Law on Consumer Protection No. 6502,

d) Goods: Movable property, residential or holiday immovable properties, and all kinds of intangible goods such as software, sound, image and similar items prepared for use in electronic environment, which are subject to trade,

e) Distance contract: Contracts established between the seller or provider and the consumer without their simultaneous physical presence, within a system created for the remote marketing of goods or services, using means of distance communication up to and including the moment the contract is concluded,

f) Provider: A real or legal person, including public legal entities, who offers services to the consumer for commercial or professional purposes, or who acts on behalf or account of the service provider,

g) Seller: A real or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes, or who acts on behalf or account of the goods provider,

ğ) Consumer: A real or legal person acting for non-commercial or non-professional purposes,

h) Means of distance communication: Any tool or medium such as mail, catalog, telephone, fax, radio, television, e-mail message, short message, internet, etc., which allows the conclusion of a contract without physical presence,

ı) Ancillary contract: A contract related to goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, provider (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾, intermediary service provider or a third party in relation to a distance contract,

i) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ Intermediary service provider: A real or legal person who mediates the conclusion of a distance contract on behalf of the seller or provider by using or having used means of distance communication through the system they created,

j) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ Platform: The system created by the intermediary service provider to mediate the conclusion of distance contracts, excluding the common public electronic platform where public services are provided from a single point,

refers to.

PART TWO

Pre-information Obligation

Pre-information

ARTICLE 5 – (1) The consumer must be informed by the seller or provider, in a way that includes all of the following points, before the conclusion of the distance contract or the acceptance of any corresponding offer.

a) Main characteristics of the goods or services subject to the contract,

b) (Amended: Official Gazette-23/8/2022-31932)⁽¹⁾ Name or title of the seller or provider and the intermediary service provider, MERSİS number or tax identification number,

c) (Amended: Official Gazette-23/8/2022-31932)⁽¹⁾ Open address, telephone number and similar contact information that allows the consumer to quickly contact the seller or provider and the intermediary service provider, and if any, the identity and address of the person acting on behalf or account of the seller or provider,

ç) (Amended: Official Gazette-23/8/2022-31932)⁽¹⁾ If there is different contact information for the seller or provider and the intermediary service provider to transmit consumer complaints, information regarding these,

d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs if any, and information that additional costs may be paid if they cannot be calculated in advance,

e) Additional cost imposed on consumers in cases where the cost of using the distance communication tool cannot be calculated over the ordinary tariff during the establishment of the contract,

f) (Amended: Official Gazette-23/8/2022-31932)⁽¹⁾ Payment, delivery or performance period consistent with the period committed in commercial advertisements and promotions, other information regarding delivery and performance, and any commitments related thereto, and the resolution methods of complaints by the seller or provider and the intermediary service provider,

g) (Amended: Official Gazette-24/5/2025-32909)⁽⁴⁾  In cases where there is a right of withdrawal, the conditions, period, procedure for exercising this right, and information regarding the carrier designated by the seller for returns,

ğ) Open address, fax number or e-mail information where the withdrawal notification will be made,

h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information on whether the consumer cannot benefit from the right of withdrawal or under what conditions they will lose the right of withdrawal,

ı) Deposits or other financial guarantees that must be paid or provided by the consumer, if any, upon the request of the seller or provider, and the conditions related thereto,

i) Technical protection measures that may affect the functionality of digital content, if any,

j) Information on which hardware or software the digital content can operate with, which the seller or provider knows or can reasonably be expected to know,

k) (Amended: Official Gazette-24/5/2025-32909)⁽⁴⁾  Information that consumers can apply to the consumer arbitration committee or, with the condition of applying to a mediator before filing a lawsuit pursuant to Article 73/A of the Law, to the consumer court for their disputes.

(2) The information specified in the first paragraph is an integral part of the distance contract and cannot be changed unless the parties explicitly agree otherwise.

(3) If the seller or provider fails to fulfill its obligation to provide information regarding additional costs specified in subparagraph (d) of the first paragraph, the consumer is not obliged to cover them.

(4) The total price specified in subparagraph (d) of the first paragraph must include the total costs on a per-billing-period basis in indefinite-term contracts or fixed-term subscription contracts.

(5) In contracts established through auction or tender, information related to the auctioneer may be given instead of the information specified in subparagraphs (b), (c) and (ç) of the first paragraph.

(6) The burden of proof regarding the pre-information belongs to the seller or (Amended phrase: Official Gazette-23/8/2022-31932)⁽¹⁾ the provider and the intermediary service provider .

(7) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ In case the distance contract is established through a platform, the intermediary service provider is jointly and severally liable with the seller or provider for the fulfillment of the pre-information. In cases where data entry is performed by the intermediary service provider, the intermediary service provider is responsible for any deficiencies in the mandatory items of the information specified in the first paragraph and for the accuracy of the data.

Pre-information method

ARTICLE 6 – (1) The consumer must be informed by the seller or provider in writing or via a durable data storage medium, in a clear, plain and legible manner, in an understandable language, at least in twelve-point font size, suitable for the distance communication tool used, regarding all matters specified in the first paragraph of Article 5.

(2) If the distance contract is established via the internet, the seller or provider;

a) Without prejudice to the obligation to inform stipulated in the first paragraph of Article 5, must also clearly display the information specified in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer incurs a payment obligation,

b) Must clearly and understandably state whether any shipping restrictions are applied and which payment methods are accepted, at the latest before the consumer places an order.

is obliged to.

(3) If the distance contract is established via voice communication, the seller or provider must inform the consumer clearly and understandably in that medium immediately before placing an order, regarding the matters specified in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, and must send all the information specified in the first paragraph of Article 5 in writing (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾  or via a durable data storage medium at the latest until the delivery of the goods or the performance of the service.

(4) If the distance contract is established via a medium where information regarding the order is provided in a limited space or time, the seller or provider must inform the consumer clearly and understandably in that medium immediately before placing an order, regarding the matters specified in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, and must send all the information specified in the first paragraph of Article 5 in writing (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾  or via a durable data storage medium at the latest until the delivery of the goods or the performance of the service.

(5) In contracts for the sale of instantly performed services established by the methods specified in the third and fourth paragraphs, it is sufficient for the consumer to be clearly and understandably informed in that medium, immediately before placing an order, only regarding the matters specified in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5.

(6) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ In distance contracts established through a platform, the intermediary service provider is jointly and severally liable with the seller or provider for the fulfillment of the obligations regulated in this article. Except for cases where data entry is performed by the seller or provider, the intermediary service provider is responsible for any deficiencies in the mandatory items of information specified in this article.

Confirmation of pre-information

ARTICLE 7 – (1) The seller or provider (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾ and the intermediary service provider must ensure that the consumer confirms that they have received the pre-information by the methods specified in Article 6, in a manner appropriate to the distance communication tool used. Otherwise, the contract is deemed not to have been concluded.

Other obligations regarding pre-information

ARTICLE 8 – (1) The seller or provider (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾ and the intermediary service provider must clearly and understandably inform the consumer that the order placed implies a payment obligation, immediately before the consumer approves the order. Otherwise, the consumer is not bound by the order.

(2) If the consumer is called by the seller or provider for the purpose of concluding a distance contract, at the beginning of each conversation, the seller or provider must identify themselves, if calling on behalf or account of another person, identify that person, and state the commercial purpose of the call.

PART THREE

Exercise of the Right of Withdrawal and Obligations of the Parties

Right of withdrawal

ARTICLE 9 – (1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty clause.

(2) The period for the right of withdrawal starts on the date the contract is concluded for service performance contracts; and on the date the consumer or a third party designated by the consumer receives the goods for goods delivery contracts. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.

(3) In determining the period for the right of withdrawal;

a) For goods subject to a single order but delivered separately, the day the consumer or a third party designated by the consumer receives the last good,

b) For goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part,

c) For contracts where goods are delivered regularly for a certain period, the day the consumer or a third party designated by the consumer receives the first good,

is taken as a basis.

(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

(5) In contracts where goods delivery and service performance are made together, the provisions regarding the right of withdrawal for goods delivery apply.

Insufficient information

ARTICLE 10 – (1) The seller or provider (Added phrase: Official Gazette-23/8/2022-31932)⁽¹⁾ and the intermediary service provider are obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, they are not bound by the fourteen-day period to exercise the right of withdrawal. This period ends in any case one year after the date the withdrawal period expires.

(2) If the proper information about the right of withdrawal is given within the one-year period, the fourteen-day right of withdrawal period starts to run from the day such information is properly given.

Exercise of the right of withdrawal

ARTICLE 11 – (1) It is sufficient to direct the notification regarding the exercise of the right of withdrawal to the (Amended phrase: Official Gazette-23/8/2022-31932)⁽¹⁾ seller, provider, or intermediary service provider in writing or via a durable data storage medium before the right of withdrawal period expires.

(2) When exercising the right of withdrawal, the consumer may use the form provided in the ANNEX or make a clear statement indicating their decision to withdraw. The seller or provider may also offer an option on their website for the consumer to fill out this form or send a statement of withdrawal. If the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send confirmation to the consumer that their withdrawal requests have been received.

(3) In sales made via voice communication, the seller or provider must send the form provided in the ANNEX to the consumer at the latest until the delivery of the goods or the 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 in the second paragraph.

(4) The burden of proof regarding the exercise of the right of withdrawal mentioned in this article belongs to the consumer.

(5) (Added: Official Gazette-23/8/2022-31932)⁽¹⁾ In distance contracts established through a platform, the intermediary service provider must establish the necessary system on the platform for the consumer to fill out the form provided in the ANNEX or send a statement of withdrawal, and must immediately send confirmation to the consumer that their withdrawal statements have reached them and the seller or provider.

Obligations of the Seller or Provider

ARTICLE 12 – (Amended:OG-23/8/2022-31932)⁽²⁾

(1) The seller is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date the goods subject to the right of withdrawal are delivered to the carrier specified in the pre-information for return. However, if the consumer returns the goods with a carrier other than the one stipulated for return, this obligation commences from the date the goods reach the seller. In distance contracts concluded through a platform where the collection of payment is intermediated, the intermediary service provider is jointly and severally liable with the seller for the refund of the payments specified in this paragraph to the consumer, except in cases where the payment has been transferred to the seller after delivery.

(2) In cases where the right of withdrawal is exercised before the delivery of the goods, the intermediary service provider in distance contracts concluded through a platform where the collection of payment is intermediated, is obliged to refund all collected payments, including the delivery costs of the goods to the consumer if any, within fourteen days from the date the notification of withdrawal reaches them.

(3) In cases where the right of withdrawal is exercised for contracts relating to the performance of services, the intermediary service provider in distance contracts concluded through a platform where the collection of payment is intermediated, is obliged to refund all collected payments within fourteen days from the date the notification of withdrawal reaches them.

(4) The seller or provider must make all refunds specified in the first, second, and third paragraphs in a single payment, in a manner appropriate to the payment instrument used by the consumer for the purchase, and without incurring any additional cost or obligation to the consumer. In distance contracts concluded through a platform, if the intermediary service provider collects payment on behalf of the seller or provider, it is jointly and severally liable with the seller or provider for the fulfillment of this obligation, except in cases where the payment has been transferred to the seller or provider after the delivery or performance of the goods or services. If the payment was made by credit card, card issuing organizations under the Law on Bank Cards and Credit Cards dated 23/2/2006 and numbered 5464 are obliged to add the amount transferred by the seller, provider, or intermediary service provider to the cardholder's available limit in a single payment upon receipt.

(5) (Amended:OG-24/5/2025-32909)⁽⁴⁾  When exercising the right of withdrawal, if the goods are returned through the carrier specified by the seller for return, within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the return costs. If the seller has not specified any carrier for return in the pre-information, no return cost can be demanded from the consumer. If the carrier specified in the pre-information for return does not have a branch in the consumer's location, the seller is obliged to arrange for the collection of the goods to be returned from the consumer without demanding any additional costs. In distance contracts concluded through a platform, if the absence of information regarding the carrier for return in the pre-information or the lack of a branch of the specified carrier in the consumer's location is due to the intermediary service provider, these costs and obligations must be borne by the intermediary service provider.

(6) In distance contracts concluded through a platform, the seller or provider is obliged to immediately forward the notification received regarding the consumer's exercise of the right of withdrawal to the intermediary service provider.

Obligations of the Intermediary Service Provider

ARTICLE 12/A- (Added:OG-23/8/2022-31932)⁽¹⁾

(1) The intermediary service provider is obliged to establish and continuously maintain a system that allows consumers to submit and track their requests and notifications regarding the following matters during the period of exercising rights and obligations arising from distance contracts concluded through the platform:

a) Notification of the exercise of the right of withdrawal.

b) Notification of contract termination.

c) Request for refund.

d) Request for records related to transactions made by consumers with the seller or provider.

e) Requests and complaints regarding delivery or performance.

(2) The intermediary service provider is obliged to immediately forward the requests and notifications specified in the first paragraph to the seller or provider.

(3) The intermediary service provider is jointly and severally liable with the seller or provider for the provision of pre-information, its confirmation, and the proof of its provision.

(4) In cases where data entry is performed by the intermediary service provider, the intermediary service provider is responsible for any deficiencies in the mandatory pre-information specified in Article 5.

(5) The intermediary service provider is responsible for keeping records of consumer transactions with sellers or providers for a period of three years due to the matters included in this Regulation and providing this information to relevant institutions, organizations, and consumers upon request.

(6) The intermediary service provider is responsible for each consumer transaction where the seller and provider act contrary to Article 48 of the Law and the provisions of this Regulation due to practices contrary to the intermediation service contract made with the seller or provider.

(7) If the intermediary service provider collects payment on behalf of the seller or provider;

a) In cases where the consumer exercises the right of withdrawal before the delivery of the goods or the performance of the service, from the date the notification of withdrawal reaches them,

b) In cases where the consumer exercises the right of withdrawal after the delivery of the goods, if the payment has not been transferred to the seller by the date the withdrawal notification reaches them, from the date the goods subject to withdrawal are delivered to the carrier specified for return, or from the date they reach the seller if returned with a carrier other than the one stipulated for return,⁽²⁾

c) In cases where the consumer exercises their right to terminate the contract as specified in Article 16, from the date the termination notification reaches them,

they are jointly and severally liable with the seller or provider for the refund of the price of the goods or services and delivery costs collected, to the consumer, within fourteen days.

(8) The intermediary service provider is responsible for the non-performance or improper performance of the contract resulting from the failure to meet campaign and similar commitments in distance contracts facilitated for campaign, promotional, or discounted sales organized without the approval of the seller or provider.

(9) The intermediary service provider is responsible for ensuring the compatibility of the information promised in advertisements and promotions regarding the goods or services offered for sale through the platform with the mandatory items in the pre-information, and for proving this.

Consumer Obligations

ARTICLE 13 – (1) Unless the seller or provider offers to take back the goods themselves, the consumer is obliged to return the goods to the seller or provider or the person authorized by them within (Added phrase:OG-23/8/2022-31932)⁽²⁾ fourteen days from the date of sending the notification regarding the exercise of the right of withdrawal.

(2) The consumer is not responsible for changes and deterioration that occur if they use the goods in accordance with their operation, technical specifications, and usage instructions during the withdrawal period.

(3) (Added:OG-23/8/2022-31932)⁽²⁾ (Repealed:OG-24/5/2025-32909)⁽⁴⁾  

Effect of Exercising the Right of Withdrawal on Ancillary Contracts

ARTICLE 14 – (1) Without prejudice to the provisions of Article 30 of the Law, if the consumer exercises their right of withdrawal, ancillary contracts also automatically terminate. In this case, the consumer is not obliged to pay any expenses, compensation, or penalty clause, except for the cases specified in the second paragraph of Article 13.

(2) The seller or provider must immediately notify the third party, who is a party to the ancillary contract, that the consumer has exercised their right of withdrawal. (Added sentence:OG-23/8/2022-31932)⁽¹⁾ In cases where an ancillary contract is facilitated through a platform in distance contracts, the intermediary service provider is also responsible for this notification.

Exceptions to the Right of Withdrawal

ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts relating to goods or services whose price depends on fluctuations in financial markets and are beyond the control of the seller or provider.

b) Contracts relating to goods prepared in line with the consumer's wishes or personal needs.

c) Contracts for the delivery of perishable goods or goods that may expire quickly.

d) Contracts for the delivery of goods from which protective elements such as packaging, tape, seal, or package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.

e) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.

g) Contracts related to accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period.

h) Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.

i) (Added:OG-23/8/2022-31932)⁽²⁾ (Paragraph whose execution was suspended by the Tenth Chamber of the Council of State with its decision dated 30/6/2025 and numbered E.:2022/5534: Contracts for movable assets requiring registration under the Highway Traffic Law dated 13/10/1983 and numbered 2918, and unmanned aerial vehicles requiring registration or record.)

j) (Added:OG-23/8/2022-31932)⁽²⁾ (Repealed:OG-24/5/2025-32909)⁽⁴⁾  

k) (Added:OG-23/8/2022-31932)⁽²⁾ (Paragraph whose execution was suspended by the Tenth Chamber of the Council of State with its decision dated 30/6/2025 and numbered E.:2022/5534: Contracts relating to goods where installation or assembly is stated to be carried out by the seller or authorized service in the user manual and which have been installed or assembled.)

CHAPTER FOUR

Other Provisions

Performance of the Contract and Delivery

ARTICLE 16 – (1) (Amended:OG-23/8/2022-31932)⁽¹⁾ The seller or provider must fulfill their performance within the period they have committed, starting from the date the consumer's order reaches them. In sales of goods, this period cannot exceed thirty days in any case, except for contracts related to goods prepared in line with the consumer's wishes or personal needs.

(2) If the seller or provider fails to fulfill their obligation specified in the first paragraph, the consumer may terminate the contract.

(3) In the event of contract termination, the seller or provider is obliged to refund all collected payments, including delivery costs if any, together with the statutory interest determined according to Article 1 of the Law on Legal Interest and Default Interest dated 4/12/1984 and numbered 3095, within fourteen days from the date the termination notification reaches them, and to return all valuable papers and similar documents that put the consumer in debt, if any.

(4) (Amended:OG-23/8/2022-31932)⁽¹⁾ In cases where the performance of the goods or services subject to the order becomes impossible, the seller or provider, and if the intermediary service provider collects payment on behalf of the seller or provider, must notify the consumer in writing or via a permanent data storage device within three days from the date they learn of this situation, and must refund all collected payments, including delivery costs if any, within fourteen days at the latest from the date of notification. The unavailability of goods in stock is not considered as the impossibility of performance of the goods.

Liability for Damages

ARTICLE 17 – (1) The seller is responsible for losses and damages that occur until the delivery of the goods to the consumer or a third party designated by the consumer other than the carrier.

(2) If the consumer requests the shipment of the goods with a carrier other than the one designated by the seller, the seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.

Telephone Usage Fee

ARTICLE 18 – (1) If a telephone line is provided by the seller or provider for consumers to communicate regarding the concluded contract, the seller or provider cannot choose a tariff higher than the usual tariff for this line.

Additional Payments

ARTICLE 19 – (1) Before the contract is concluded, explicit consent of the consumer must be obtained separately for any additional fee beyond the agreed basic price arising from the contract obligation.

(2) If the consumer has made a payment due to options generating an additional payment obligation being presented as pre-selected without their explicit consent, the seller or provider, (Added phrase:OG-23/8/2022-31932)⁽¹⁾  and the intermediary service provider if collecting payment on behalf of the seller or provider in distance contracts concluded through a platform, must immediately refund these payments.

Retention of Information and Burden of Proof

ARTICLE 20 − (1) The seller or provider must retain information and documents related to each transaction regarding their obligations concerning the right of withdrawal, information, delivery, and other matters regulated under this Regulation for three years.

(2) (Amended sentence:OG-23/8/2022-31932)⁽¹⁾ The intermediary service provider is obliged to keep records of transactions made with sellers or providers for a period of three years due to the matters included in this Regulation and to provide this information to relevant institutions, organizations, and consumers upon request. (Added sentence:OG-9/2/2019-30681) However, if the subscription contract is concluded through a common public electronic platform where public services are provided from a single point, the responsibility for keeping records and providing information belongs to the seller or provider.

(3) The seller or provider is obliged to prove that intangible goods delivered or services performed to the consumer in electronic environment are free from defects.

CHAPTER FIVE

Miscellaneous and Final Provisions

Repealed Regulation

ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.

Transitional Provisions

PROVISIONAL ARTICLE 1- (Added:OG-4/11/2023-32359)⁽³⁾

(1) The following provisions of this Regulation, amended by the Regulation Amending the Regulation on Distance Contracts published in the Official Gazette dated 23/8/2022 and numbered 31932;

a) Subparagraph (g) of the first paragraph of Article 5,

b) Article 12,

c) Subparagraph (b) of the seventh paragraph of Article 12/A,

d) The phrase "four" and the third paragraph in the first paragraph of Article 13,

e) Subparagraphs (ı), (i), (j) and (k) of the first paragraph of Article 15,

shall not be applied until (Amended phrase:OG-10/8/2024-32628) 1/1/2026.

(2) (Amended phrase:OG-10/8/2024-32628) Until 1/1/2026, the versions of the provisions specified in the first paragraph that were in force before being amended by the Regulation Amending the Regulation on Distance Contracts published in the Official Gazette dated 23/8/2022 and numbered 31932 shall continue to be applied.

Effectiveness

ARTICLE 22 – (1) This Regulation shall enter into force three months after its publication date.

Enforcement

ARTICLE 23 – (1) The provisions of this Regulation shall be enforced by the (Amended phrase:OG-23/8/2022-31932)⁽¹⁾  Minister of Trade.

_____________________

(1) This amendment enters into force on 1/10/2022.

(2) In accordance with the Regulation published in the Official Gazette dated 14/9/2022 and numbered 31953, the amendment to subparagraph (g) of the first paragraph of Article 5, Article 12, subparagraph (b) of the seventh paragraph of Article 12/A, the phrase "four" added to the first paragraph of Article 13 and the paragraph added to the same article, and the subparagraphs added to the first paragraph of Article 15 of the Regulation, published in the Official Gazette dated 23/8/2022 and numbered 31932, shall enter into force on 1/1/2024.

(3) This amendment shall enter into force on 1/1/2024.

(4) This amendment shall enter into force on 1/1/2026.

 

 

 

APPENDIX

SAMPLE WITHDRAWAL FORM

 

(This form is only to be filled out and sent when the right of withdrawal from the contract is to be exercised.)

 

 

-To: (This section, to be filled out by the seller or provider, will include the seller's or provider's name, title, address, fax number if any, and e-mail address.)

 

 

-I hereby declare that I am exercising my right of withdrawal from the contract for the sale of the following goods or provision of services with this form.

 

 

-Order date or delivery date:

 

 

-Goods or service subject to the right of withdrawal:

 

 

-Price of the goods or service subject to the right of withdrawal:

 

 

-Consumer's first name and surname:

 

 

-Consumer's address:

 

 

-Consumer's signature: (Only if sent on paper)

 

 

-Date: