Distance Sales Contracts in Turkish Law
TURKEY
12/6/20243 min read
Distance sales contracts are agreements made between parties without a physical meeting, often via electronic means. With the rapid rise of e-commerce, these contracts have become crucial for both consumers and businesses. In Turkey, these contracts are primarily regulated under the Law on the Protection of Consumers No. 6502 (TKHK) and the Regulation on Distance Contracts.
Below, we provide a detailed overview of how distance sales contracts should be prepared under Turkish law and the associated obligations.
What is a Distance Sales Contract?
Under Article 48 of TKHK, a distance contract is defined as “a contract concluded between the seller or provider and the consumer without simultaneous physical presence, using remote communication tools.”
Examples of remote communication tools:
Online platforms, phone calls, SMS, and emails.
For instance, a consumer ordering clothes from an e-commerce website falls within the scope of distance sales.
Key Principles for Preparing a Distance Sales Contract
When drafting a distance sales contract, the following principles must be observed:
a. Obligation to Provide Pre-Contractual Information
Before finalizing the contract, the seller or provider must clearly inform the consumer about the terms. This obligation is detailed in Article 5 of the Regulation on Distance Contracts.
The pre-contractual information must include:
Details of the seller: Trade name, MERSIS number, and contact information.
Product or service information: Type, main features, and price, including all taxes.
Payment, delivery, and performance terms: Delivery times, performance methods, and implications of potential delays.
Right of withdrawal: Duration, procedure, and limitations of the right to withdraw.
Additional costs: Shipping fees, taxes, or other expenses.
This information must be presented in a clear and comprehensible manner.
b. Presentation of the Contract in Electronic Format
If the contract is drafted electronically:
Accessibility: The contract must be easily accessible for the consumer.
Approval Mechanism: The consumer must confirm they have read and accepted the terms, e.g., by ticking a checkbox such as “I have read and accept the terms.”
Copy Provision: A copy of the contract must be provided to the consumer via a durable medium (e.g., PDF, email).
c. Right of Withdrawal
Consumers are entitled to withdraw from the contract within 14 days without providing any justification or incurring penalties.
Key points about the right of withdrawal:
If the consumer is not informed about this right, the withdrawal period extends to 12 months.
Exceptions to the right of withdrawal include:
Customized products.
Unsealed hygiene products (e.g., headphones, razors).
Perishable goods (e.g., food items).
d. Delivery Obligations
The seller must deliver the product within 30 days unless otherwise agreed.
If delivery is not possible, the seller must inform the consumer and refund the payment within 14 days.
Obligations of the Parties in a Distance Sales Contract
Obligations of the Seller or Provider
Transparency: Provide accurate and non-misleading information.
Timely Performance: Deliver the product or service as promised.
Data Protection: Handle the consumer's personal data in compliance with the Personal Data Protection Law (KVKK).
Ease of Withdrawal: Facilitate the consumer’s withdrawal process if they choose to exercise this right.
Obligations of the Consumer
Payment: Fulfill the payment obligations as agreed in the contract.
Proper Use of Goods: Use the product appropriately during the withdrawal period. The consumer may be held liable for any reduction in the product’s value due to misuse.
Common Issues and Practical Solutions
Abuse of the Right of Withdrawal
Some consumers may use a product and then return it. In such cases, the seller can claim compensation for the reduction in the product’s value.
Delivery Delays
If delivery is delayed, the consumer may terminate the contract and request a refund.
Insufficient or Misleading Information
Sellers who fail to adequately inform consumers may face penalties under TKHK.
Legal Framework Governing Distance Sales Contracts
Article 48 of the Law on the Protection of Consumers No. 6502 (TKHK)
Regulation on Distance Contracts (Official Gazette Date: November 27, 2014)
Law on the Regulation of Electronic Commerce No. 6563
Personal Data Protection Law No. 6698
Conclusion
Distance sales contracts have become a cornerstone of modern commerce. These contracts, designed to protect consumers, must be meticulously drafted to comply with legal requirements. This not only safeguards consumer rights but also reduces the risk of legal disputes for businesses.
E-commerce operators are strongly advised to seek professional legal counsel when preparing distance sales contracts to ensure full compliance with Turkish regulations.