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REGULATION ON PROCEDURES AND PRINCIPLES OF APPLICATION OF DISTANCE CONTRACTS

Purpose

Article 1 — The purpose of this Regulation is to regulate the implementation procedures and principles of distance contracts.

Scope

Article 2 -This Regulation applies to agreements made in written, visual and electronic media or using other communication tools and without confrontation with the consumers, and the delivery or execution of the goods or services to the consumer immediately or later.

Basis

Article 3 - This Regulation has been prepared on the basis of Article 31 of the Law on Consumer Protection dated 23/2/1995 and numbered 4077 and articles 9 / A added to this Law by Law No 4822.

Definitions

Article 4 - In the implementation of this Regulation; the terms mean: a) Ministry: Ministry of Industry and Trade, b) Minister: Minister of Industry and Trade, c) Goods: Movable goods, residential and holiday immovable properties, and software, sound, image and similar intangible goods prepared for use in electronic media, d) Service: Any activity other than providing goods for a fee or benefit, e) Seller: Real or legal persons who offer goods to consumers within the scope of their commercial or professional activities, including public legal entities, f) Provider: Natural or legal persons who provide services to consumers within the scope of their commercial or professional activities, including public legal entities, g) Consumer: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes, ı) distance contracts: Agreements that are made by using written, visual, telephone and electronic media or other communication tools and without any confrontation with the consumers and which are decided to deliver or perform the goods or services immediately or later, j) (Annex: RG-09/10 / 2007-26668) Continuous data carrier: Any tool that allows the consumer to record the information sent to him personally in a manner that allows for a reasonable period of review in accordance with the purpose of this information and allows access to the recorded information exactly.

Preliminary Information

Article 5 - (Amended first sentence: RG-09/10 / 2007-26668) Before the conclusion of the distance contract, the consumer is informed clearly, understandably, and in accordance with the communication tool used, by giving the information form containing all the following information.  a) Name, title, address, telephone and other access information of the seller or provider, b) The basic characteristics of the goods or services subject to the agreement, c) The selling price of the goods or services subject to the agreement, including all taxes, d) The validity period of all promises of the seller or supplier, including the price, e) Information on how to make the payments of the consumer, f) Information on how the delivery and performance will be carried out and the amount of related expenses if any, and by whom, g) Information on the right of withdrawal and how to use this right, h) The cost of the communication means used if there is a cost to the consumer, ı) The schedule regarding the delivery and performance dates of the goods or services subject to the contract, j) The full address, telephone and other access information of the seller or provider to which the consumer can submit their demands and complaints. (Annex: RG-09/10 / 2007-26668) In the case of using verbal communication tools, the seller or the provider must also clearly inform the consumer at the beginning of each interview, about his identity and the commercial purpose of the interview.

Written Proof of the Accuracy of Preliminary Information

ARTICLE 6 — (Amendment: RG-09/10/2007-26668) The information form specified in Article 5 of this Regulation must be given to the consumer before the establishment of the agreement. The agreement cannot be concluded unless the consumer confirms in writing that he has acquired this information. Confirmation of the words made in electronic form is carried out again in electronic form. The seller or the provider must deliver the information form to the consumer with another continuous data carrier that can be used or continuously accessible by the consumer in writing before the contract goods reach the consumer, and for services, at the latest before the execution of the contract.

Conditions that should be available in the Contract

Article 7 - (Amendment: OJ-09/10 / 2007-26668) The distance contract must be given to the consumer with another continuous data carrier available or permanently accessible to the consumer. The contract includes the following: a) Name, title, full address, telephone and other access information of the consumer, seller or provider, b) The date on which the contract is issued, c) The date and method of delivery or performance of the good or service, d) Information on the amount of delivery and performance expenses and by whom it will be covered, e) The type or type, quantity, and brand and model of the contractual good or service, f) The cash sale price of the good or service in Turkish Lira, including taxes, g) Total sales price in Turkish Lira to be paid with interest according to maturity, h) The interest rate for default not exceeding thirty percent of the interest rate, the annual rate at which the interest is calculated and the interest rate specified in the contract, i) The amount of down payment, j) Payment plan, k) Legal consequences of the debtor's default

Right of Withdrawal

Article 8 — In distance contracts for the sale of goods, the consumer has the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification within seven days from the date of receipt. For distance contracts for service provision, this period begins on the date the contract is signed. In the contract, if it is decided that the performance of the service will be performed before the 7-day period has expired, the consumer may exercise his right of withdrawal until the date of execution. Expenses arising from the use of the right of withdrawal belong to the seller or provider. Contracts for services rendered in an electronic environment and goods delivered immediately 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 can exercise his right of withdrawal. In this case, the seller receives the goods from the third party in accordance with the provision of the fourth paragraph of Article 9. The consumer cannot use his / her right of withdrawal for the goods that are produced in accordance with the special requests and demands of the consumer or made personalized by making changes or additions. In addition, the consumer cannot use the right of withdrawal in the case of goods that cannot be returned due to their nature, which are likely to deteriorate rapidly or expire. (Amendment: RG-09/10 / 2007-26668) In the event that the seller or supplier does not fulfill the obligations specified in article 6 or 7, the seller or supplier will correct the deficiency within thirty days at the latest. In this case, the seven-day period begins from the date when the information about the deficit is addressed to the consumer in writing. Otherwise, the consumer is not bound by a seven-day period to exercise his right of withdrawal. If the amount paid by the consumer is partially or completely covered by the seller or the provider or based on the agreement between the seller or the provider and the lender, the loan agreement will automatically terminate without the obligation to pay any compensation or penalty amount. However, for this, the notice of withdrawal must also be communicated to the lender in writing.

Seller and Provider's Liability

Article 9 — The seller or provider is obliged to fulfill its execution no later than thirty days from the moment the consumer has delivered the order to him. This period may be extended for a maximum of ten days, provided that the consumer is notified in advance. The seller or the provider is obliged to return the price, valuable documents and any documents that put the consumer under debt within ten days from the date of receipt of the withdrawal notification and also to take back the goods within twenty days. (Amended: RG-09/10 / 2007-26668) The seller or the provider must give the information in Article 5 and the contract in Article 7 to the consumer before the delivery or performance of the product or service subject to the distance contract to the consumer and obtain approval for the confirmation of the preliminary information within the obligations specified in Article 6.  In case of dispute, the burden of proof belongs to the seller or supplier. Provided that it is justified, the seller or the supplier may supply goods or services of equal quality and price to the consumer before the contractual performance obligation expires and provided that it is specified in the contract. If the seller or the supplier cannot fulfill the contractual obligations by claiming that it is impossible to fulfill the goods or services subject to the order, he shall notify the consumer before the expiry of the contractual performance obligation. He returns the price paid and all documents that are under debt to the consumer within 10 days.

Refund

Article 10 — In distant contracts, if the payment is made with a credit card or similar payment card, the consumer, against the consent of the card and in violation of the law can request cancellation of the payment process on the grounds that it is used. In this case, the issuing organization returns the payment amount to the consumer within 10 days of notification of the appeal to him.

RULES ON THE PROTECTION OF PERSONAL DATA, SECURITY, PRIVACY, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL RIGHTS

The following privacy rules-policy and conditions apply for the processing and use of personal data, protection of information on the Website, privacy, communications and other issues.

Pursuant to the Law on the Protection of Personal Data No.6698, personal data are information such as identity information of the BUYER  such as Name, Surname, ID number and e-mail address, contact information, address information, financial information, etc.

Performing and maintaining member transactions on the website, ensuring product orders, offering products and services, tracking sales transactions, performing payment transactions, creating invoices in this context, using them in marketing activities about orders, products and services if you have your approval, solving systemic problems, updating the information of the BUYER can be recorded, stored, updated, shared, transferred, transferred, used and processed in other ways, for a period of time or indefinitely for the execution of the distance sales contract and other contracts established between the BUYER and the SELLER by SELLER, SELLER affiliates and third parties and / or organizations. These data can also be transmitted to relevant Public Institutions and Organizations, Authorities or Courts when required by law. (You can find detailed information in the Policy on Protection and Processing of Personal Data and the Clarification Text at https://www.lescon.com.tr/.)

The BUYER agrees and declares that he consents and allows his personal data to be processed, stored, used, shared, and made non-commercial and non-commercial electronic communications and other communications in accordance with the Law on the Protection of Personal Data and Electronic Commerce Legislation.

Within the scope of the Personal Data Protection Law No.6698, the BUYER has the rights to learn whether the personal data is processed, if the personal data has been processed, has the right to request the necessary information, as well as the purpose of processing the personal data and whether they are used in accordance with their purpose, to know the third parties to whom personal data are transferred domestically or abroad, to request correction of personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data, to request that personal data be notified to third parties to whom the personal data has been transferred, in the event that personal data are processed incompletely or inaccurately, if they are corrected and deleted or destroyed, to object to the occurrence of a result against the person himself by analyzing the processed personal data exclusively through automated systems, to request the elimination of this damage in case of a damage due to unlawful processing of personal data by contacting the SELLER.   In these matters, the applications made by the BUYER will be examined by the SELLER and the return will be made within the legal period.

In accordance with the legislation in force, commercial electronic communications can be made by ERBAY PAZARLAMA VE TİCARET ANONİM ŞİRKETİ by means of SMS / text message, instant notification, automatic call, computer, telephone, e-mail / mail etc. electronic communication tools for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services for the BUYER, for credit card and membership information, transactions and applications.

The BUYER can always stop the data usage and processing by reaching the SELLER through the specified communication channels and / or accessing the same channels legally or by using the right of rejection in the electronic communications sent to him. In this case, the notifications made to the buyer by the SELLER are terminated.

Upon the open notification made by the BUYER regarding the termination of the processing of Personal Data, the personal data processing activity is stopped within the legal maximum period, except for the legally required information for the SELLER to fulfill its legal obligations. This information is deleted from the data recording system at the request of the BUYER or made anonymous in an anonymous way.

Necessary measures for the security of the information and transactions entered by the BUYER on the Website are taken within the scope of the current technical possibilities in the system infrastructure of the SELLER, according to the nature of the information and transaction. However, since the information in question is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.

Regarding all kinds of information and content of the Website and their arrangement, revision and partial / full use; according to the SELLER's agreement, all intellectual and industrial rights and property rights belong to ERBAY PAZARLAMA VE ANONİM ŞİRKETİ, except those belonging to other third parties.

The privacy-security policies and terms of use apply to other sites accessed through the Website, and the SELLER is not responsible for any disputes and negative consequences that may arise.

Out of Scope Contracts

Article 11 — The provisions of this Regulation cannot be applied to the following types of contracts including: a) Provisions regarding banking and insurance b) Provisions concluded through automatic vending machines c) Provisions concluded through public coin-operated phones d) Provisions concluded through auctions e) Provisions regarding the supply of goods regularly supplied to the consumer's home or workplace for food, beverage and daily consumption, f) Provisions regarding the provision of accommodation, transportation, catering, sporting and cultural activities and entertainment services undertaken by the provider on a special day or time

Enforcement

Article 12 — This Regulation shall enter into force on 14/6/2003.

Execution

Article 13 — The Minister of Industry and Trade executes the provisions of this Regulation