ARTICLE 1- PARTIES TO THE AGREEMENT SELLER: Interiart Factory, which offers interesting products that add color to life on the interiartfactory.com site.
Address: Arabacıalanı, Eski Kazim Paşa Cd., 54050 Serdivan/Sakarya
Phone: 0532 245 34 89
BUYER: interiartfactory.com Member
1- The interiartfactory.com Member is deemed to have accepted the shipping fee payments stated in writing on the site.
2- The interiartfactory.com Member is deemed to have accepted all the return conditions stated on our Return Conditions page.
3- All our members who are members of interiartfactory.com are automatically selected as APPROVED with daily bulletins, e-mail subscription, notification by SMS and voice notification by phone. Dietadiyet.com Member has the authority to change these settings at any time.
4- Interiartfactory.com Member cannot attempt to harm the system in any way.
REGULATION ON DISTANCE CONTRACTS IMPLEMENTATION PROCEDURES AND PRINCIPLES
Date of Publication in the R. Newspaper: 14/6/2003 – Issue: 25137
Purpose
Article 1- The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.
Scope
Article 2- This Regulation is applied to contracts made in written, visual and electronic media or by using other communication tools and without confronting the consumers, for which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.
Support
Article 3- This Regulation has been prepared on the basis of Article 31 of the Law on the Protection of the Consumer No. 4077 dated 23/2/1995 and articles 9/A added to this Law by Law No. 4822.
Definitions
Article 4- In the implementation of this Regulation;
a) Ministry: The Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods subject to shopping, immovable properties for residence and vacation purposes, and software, audio, video and similar intangible goods prepared for use in electronic environment,
d) Service: Any activity other than providing goods for a fee or benefit,
e) Seller: Real or legal persons, including public legal entities, that offer goods to the consumer within the scope of their commercial or professional activities,
f) Provider: Real or legal persons providing services to the consumer within the scope of their commercial or professional activities, including public legal entities,
g) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
h) Lender: Banks, private finance institutions and financing companies that are authorized to give cash loans to consumers in accordance with their legislation,
ı) Distance Contract: Contracts made in writing, visual, telephone and electronic media or by using other communication tools and without confronting the consumers and in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed,
j) (Annex: 9/10/2007-26668 OG) Permanent data carrier: Any tool that enables the consumer to record the information personally sent to him in a way that allows for a reasonable period of examination in accordance with the purpose of this information and allows access to the recorded information exactly, means.
Preliminary Information
Article 5- (Amended first sentence: 9/10/2007-26668 OG) Before the conclusion of the distance contract, the consumer is informed in a clear, understandable and appropriate way by means of the communication tool used, by giving the information form containing all of the following information.
a) The name, title, full address, telephone and, if any, other access information of the seller or provider,
b) The main characteristics of the goods or services subject to the contract,
c) The selling price of the goods or services subject to the contract, including all taxes,
d) The validity period of all the promises of the seller or the supplier, including the price,
e) Information on how the consumer’s payments will be made,
f) Information on how the delivery and performance will be made and, if any, the amount of costs related to this and who will cover it,
g) Information on the right of withdrawal and how to exercise this right,
h) If there is a cost to the consumer, the cost of the communication means used,
ı) The program regarding the delivery and performance dates of the goods or services subject to the contract,
j) The full address, telephone and, if any, other access information of the seller or provider, to whom the consumer can forward their requests and complaints.
(Annex: 9/10/2007-26668 RG; Reg., Art. 2) In case of using verbal communication tools, it is also obligatory for the seller or supplier to clearly inform the consumer at the beginning of each meeting, about the identity and commercial purpose of the meeting.
Written Proof of Accuracy of Preliminary Information
Article 6- (Amendment: 9/10/2007-26668 OG) The information form specified in Article 5 of this Regulation must be given to the consumer before the contract is concluded. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. Confirmation of contracts made in electronic environment is also done in electronic environment. The seller or the supplier must deliver the information form to the consumer, in writing, before the contractual goods reach the consumer for the goods, and before the execution of the contract at the latest, for the services, and with another continuous data carrier that can be used by the consumer or continuously accessible for the contracts made in the electronic environment.
Conditions Required in the Contract
Article 7- (Amendment: 9/10/2007-26668 OG) It is obligatory to give the distance contract to the consumer with another continuous data carrier that can be used or permanently accessible by the consumer.
In the contract;
a) Name, title, full address, telephone and, if any, other access information of the consumer, seller or supplier,
b) The date the contract was drawn up,
c) The date and manner of delivery or performance of the good or service,
d) Information on the amount of delivery and performance costs and who will cover it,
e) The type or type, quantity and if any, the brand and model of the good or service subject to the contract,
f) The cash sales price of the good or service in Turkish Lira, including taxes,
g) Total selling price in Turkish Lira to be paid together with interest according to maturity,
h) The amount of interest, the annual rate at which the interest is calculated, and the default interest rate, provided that it does not exceed thirty percent of the interest rate specified in the contract,
i) Down payment amount,
j) Payment schedule,
k) Legal consequences of the debtor’s default,
takes place.
Right of Withdrawal
Article 8- Consumer; has the right to withdraw from the contract by refusing the goods without taking any legal and penal responsibility and without giving any reason, within seven days from the date of receipt in distance contracts for the sale of goods. In distance contracts related to service provision, this period starts on the date of signing of the contract. In the contract, if it is decided to perform the service before the expiry of the 7-day period, the consumer may use his right of withdrawal until the date of the performance. The costs arising from the use of the right of withdrawal belong to the seller or provider.
Contracts regarding services performed instantly in the electronic environment and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and 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 use the right of withdrawal. In this case, the seller receives the goods from the third party in accordance with the provisions of the fourth paragraph of Article 9.
The consumer cannot use the right of withdrawal for the goods produced in accordance with the special requests and demands of the consumer or made personal 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.
(Amended: 9/10/2007-26668 OG) In case the seller or supplier fails to fulfill their obligations set forth in Article 6 or 7, the seller or supplier shall correct the deficiency within thirty days at the latest. In this case, the seven-day period starts from the date when the information regarding the elimination of the said defect is delivered to the consumer in writing. Otherwise, the consumer is not bound by the seven-day period to exercise his right of withdrawal.
If the price paid by the consumer is partially or completely covered by the seller or the supplier or on the basis of the agreement between the seller or the supplier and the creditor, in case the right of withdrawal is exercised, the credit agreement automatically terminates without any obligation to pay any compensation or penal clause. However, for this, the withdrawal notice must also be sent to the lender in writing.
Liability of Seller and Provider
Article 9- The seller or the supplier is obliged to fulfill the obligation within thirty days at the latest from the moment the consumer delivers the order to him. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing beforehand. The seller or the supplier is obliged to return the price, valuable papers and any document that puts the consumer in debt within ten days from the date of receipt of the consumer’s notice of withdrawal, and also to take back the goods within twenty days.
(Amended: 9/10/2007-26668 OG) Before the seller or supplier delivers or performs the goods or services that are the subject of the distance contract to the consumer, the information in the 5th article and the contract in the 7th article are given to the consumer and that the preliminary information within the obligations specified in the 6th article must obtain confirmation. In case of dispute, the burden of proof lies with the seller or supplier.
Provided that it is based on a just cause, the seller or the supplier may supply the consumer with goods or services of equal quality and price, provided that the performance obligation arising from the contract expires and is stated in the contract.
If the seller or supplier cannot fulfill the contractual obligations, claiming that the fulfillment of the goods or services subject to the order has become impossible, he shall inform the consumer of this situation before the contractual performance obligation expires. It returns the price paid and all documents that put it under debt to the consumer within 10 days.
Pay back
Article 10- In distance contracts, if the payment is made with a credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used against his will and illegally. In this case, the card issuer returns the payment amount to the consumer within 10 days from the notification of the objection.
Excluded Contracts
Article 11- The provisions of this Regulation;
a) Bank related to insurance,
b) Concluded through vending machines,
c) Contracted via public coin-operated telephones,
d) Contracted through auction,
e) Regarding the supply of goods that are regularly supplied to the consumer’s home or workplace for food, beverage and daily consumption,
f) It does not apply to contracts that include provisions regarding the provision of accommodation, transportation, catering, sports and cultural activities and entertainment services undertaken by the provider on a special day or period.
Force
Article 12- This Regulation enters into force on 14/6/2003.
Executive
Article 13- The provisions of this Regulation are executed by the Minister of Industry and Trade.
