Sales Agreement 

The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.

This Regulation applies to contracts concluded in writing, visually, electronically, or using other means of communication, without coming face-to-face with consumers, where the immediate or subsequent delivery or performance of goods or services to the consumer is agreed upon.

This Regulation has been prepared based on Article 31 of the Law on the Protection of Consumers No. 4077 dated 23/2/1995 and Article 9/A added to this Law by Law No. 4822.

In the application of this Regulation, Ministry refers to the Ministry of Industry and Commerce, Minister refers to the Minister of Industry and Commerce, Goods refers to movable goods subject to shopping, residential and holiday-purpose immovable property, and intangible goods such as software, audio, video, and similar prepared for use in electronic environments, Service refers to any activity other than the provision of goods performed in exchange for a fee or benefit, Seller refers to real or legal persons who offer goods to consumers within the scope of their commercial or professional activities, including public legal entities, Provider refers to real or legal persons who offer services to consumers within the scope of their commercial or professional activities, including public legal entities, Consumer refers to a real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, Lender refers to banks, private finance institutions, and financing companies authorized to grant cash loans to consumers in accordance with their legislation, and Distance Contract refers to contracts concluded in writing, visually, by telephone, electronically, or using other means of communication, without coming face-to-face with consumers, where the immediate or subsequent delivery or performance of goods or services to the consumer is agreed upon.

The following information must be provided to the consumer prior to the conclusion of the distance contract: name, title, full address, telephone, and other contact information, if any, of the seller or provider; basic characteristics of the goods or services subject to the contract; sales price of the goods or services subject to the contract, including all taxes; validity period of all promises made by the seller or provider, including price; information on how payments will be made by the consumer; information on how delivery and performance will be carried out, and the amount of related costs, if any, and by whom they will be borne; information on the right of withdrawal and how this right will be exercised; cost of the communication channels used, if any cost to the consumer; schedule regarding delivery and performance dates of the goods or services subject to the contract; and full address, telephone, and other contact information, if any, of the seller or provider where the consumer can submit requests and complaints.

The contract cannot be concluded unless the consumer confirms in writing that they have acquired the preliminary information accurately and completely. In contracts made electronically, this confirmation is also carried out electronically. The consumer must receive written approval containing the preliminary information before the goods subject to the contract reach them for goods, and at the latest before the performance of the contract for services.

It is mandatory that the distance contract is made in writing and a copy of this contract is given to the consumer. The contract shall include the name, title, full address, telephone, and other contact information, if any, of the consumer, seller, or provider; date of execution of the contract; date and method of delivery or performance of the goods or services; amount of costs related to delivery and performance and information on who will bear them; type or kind, quantity, and brand and model, if any, of the goods or services subject to the contract; cash sales price of the goods or services in Turkish Liras including taxes; total sales price in Turkish Liras to be paid with interest according to maturity; amount of interest, annual rate at which interest is calculated, and default interest rate not exceeding thirty percent of the interest rate specified in the contract; down payment amount; payment plan; and legal consequences of the debtor's default.

In distance contracts regarding the sale of goods, the consumer has the right to withdraw from the contract by rejecting the goods within seven days from the date of delivery, without undertaking any legal or criminal liability and without giving any justification. In distance contracts regarding the provision of services, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be carried out before the expiration of the 7-day period, the consumer may exercise their right of withdrawal until the date performance begins. Costs arising from the exercise of the right of withdrawal belong to the seller or provider. Contracts regarding services performed instantly in an electronic environment and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use. Even if the delivery of the goods is made to a person other than the consumer who is a party to the contract, the consumer may exercise the right of withdrawal. In this case, the seller takes delivery of the goods from the third party in accordance with the provision of the fourth paragraph of Article 9. The consumer cannot exercise the right of withdrawal for goods produced in accordance with the special requests and demands of the consumer or customized by making modifications or additions. In addition, the consumer cannot exercise the right of withdrawal in the case of goods that are not returnable by nature, are likely to deteriorate rapidly, or have an expiration date. If any of the conditions in Articles 6 and 7 of this Regulation is missing, the seller or provider shall remedy the deficiency within thirty days at the latest. In this case, the 7-day period starts from the date on which information regarding the remedy of said deficiency is delivered to the consumer in writing. If the price paid by the consumer is covered partially or completely by the seller or provider, or based on an agreement between the seller or provider and the lender, in the event of the exercise of the right of withdrawal, the loan agreement automatically terminates without any obligation to pay any compensation or penalty amount. However, for this, the withdrawal notification must also be transmitted to the lender in writing.

The seller or provider is obliged to fulfill its performance within thirty days at the latest from the moment the consumer transmits the order to them. This period may be extended by a maximum of ten days, provided that it is notified to the consumer in writing beforehand. The seller or provider is obliged to return the price received, negotiable instruments, and all kinds of documents putting the consumer under debt within ten days from the date the consumer's withdrawal notification reaches them, and also to take back the goods within twenty days. Before the delivery or performance of the goods or services subject to the distance contract to the consumer, the seller or provider shall deliver a copy of the contract and a copy of the written approval regarding the confirmation of preliminary information, ensuring it is signed in the consumer's own handwriting. In case of a dispute, the burden of proof belongs to the seller and provider. Provided that it is based on a justifiable reason, the seller or provider may supply goods or services of equal quality and price to the consumer before the expiration of the period of performance obligation arising from the contract, provided that it is specified in the contract. If the seller or provider cannot fulfill its obligations subject to the contract by claiming that the fulfillment of the goods or services subject to the order has become impossible, they shall notify the consumer of this situation before the expiration of the period of performance obligation arising from the contract. They shall return the price paid and all documents putting under debt to the consumer within 10 days.

In distance contracts, if the payment is made with a credit card or similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used unlawfully and without their consent. In this case, the card-issuing institution refunds the payment amount to the consumer within 10 days from the notification of the objection to it.

The provisions of this Regulation do not apply to hygienic products that cannot be returned for any reason if the packaging has been opened and has come into contact with your cat's or dog's body; cat litter products; products prone to easy contamination such as nail clippers, brushes, and combs even if the packaging is not opened; disposable products; products that have a shelf life after opening, such as eye and ear drops; and underwear and pads.

The provisions of this Regulation are executed by the Minister of Industry and Commerce.