What is a Distance Selling Agreement?

What is a Distance Selling Agreement? | Lawyer in Izmir

Distance contract, Regulation on Distance Contracts Distance contracts refer to contracts established through remote communication methods, within a system designed for the remote marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer, from the moment the contract is concluded until and including the moment of its conclusion. Examples of distance contracts include sales made over the internet or by telephone, where the seller and consumer are not physically present in the same location.

Prior Information Obligation

Prior to the conclusion of a distance contract or acceptance of any corresponding offer, the consumer must be informed by the seller or provider of all of the following points.

Right of Withdrawal

The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The withdrawal period begins on the day the contract is concluded for contracts relating to the provision of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods.

Exceptions to the right of withdrawal

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

1. Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier.
2. Contracts relating to goods prepared according to the consumer's wishes or personal needs.
3. Contracts for the delivery of perishable goods or goods that may expire.
4. Contracts relating to the delivery of goods from which protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
5. Contracts relating to goods that, after delivery, are mixed with other products and are by their nature impossible to separate.
6. Contracts relating to books, digital content, and computer consumables presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
7. Contracts for the delivery of periodicals, such as newspapers and magazines, other than those provided under a subscription agreement.
8. Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period.
9. Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
10. Contracts for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period.

Contract Performance and Delivery

The seller or supplier is obliged to fulfill their obligation within the promised timeframe from the date the consumer's order is received. In the case of goods sales, this period may not exceed thirty days in any circumstances. If the seller or supplier fails to fulfill their obligation as set forth in the first paragraph, the consumer may terminate the contract.

Liability for Damages

The seller is responsible for any loss or damage that occurs until the goods are delivered to the consumer or a third party designated by the consumer other than the carrier. If the consumer requests that the goods be shipped 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 time the goods are delivered to that carrier.

To receive advice on this matter, please contact our expert team. Contact page.

For our other articles prepared under the Consumer Protection Law No. 6502 (TKHK);

• How to Apply to the Consumer Arbitration Board? Consumer Rights
• What Rights Does the Consumer Have if the Purchased Goods Are Defective?
• Consumer Arbitration Committee 2021 Monetary Limit Increased
• Customer Service Time Should Not Exceed 65 Seconds!
• Do I Have to Pay a Credit Card Annual Fee? What Fees Can Banks Charge You?
• Right of Withdrawal
• Passenger Rights in the Event of Flight Cancellation or Delay
• Statute of Limitations for Hidden Defects
• What is a Distance Selling Agreement?

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