Cancellation of Distance Contracts by Sellers

Dear Member,

With reference to the letter sent to our Chamber by TOBB, in the letter below conveyed to our Union by the Ministry of Trade; pursuant to the provisions of paragraphs (3) and (7) of Article 48, titled "Distance contracts", of Law No. 6502 on Consumer Protection and paragraphs (1) and (4) of Article 16, titled "Performance of the contract and delivery", of the Regulation on Distance Contracts, the seller, acting as a prudent merchant, is obliged to deliver within the time limit the goods ordered by the consumer through the distance contract method, and cancelling a distance contract on the grounds that the goods are out of stock/cannot be supplied has been determined to be a transaction and practice contrary to the legislation.

In this context, it was announced that, in the event that transactions contrary to the said legislative provisions are detected as a result of examinations and inspections to be carried out by the Ministry of Trade, the administrative sanctions provided for under Law No. 6502 are being applied.

"Along with the fluctuations observed in the prices of goods and services placed on the market due to the exchange rate movements recently experienced in our country, both consumer applications received by our Ministry and comments and news in traditional and social media stating that goods sold to consumers through the distance contract method in the electronic commerce environment have been cancelled by sellers without any explanation, in order to offer them for sale at a higher price later, or on the grounds that the ordered goods are not in stock, are being meticulously examined and monitored by our General Directorate.

As you are aware, pursuant to the provisions of Law No. 6502 on Consumer Protection, which contains regulations on the protection of the economic interests of consumers and the compensation of their damages in transactions and contracts to which they are party, set out in paragraphs (3) and (7) of Article 48 titled “Distance contracts”:

“(3) The seller or provider shall perform its obligation within the committed period from the moment the consumer's order reaches it. Except for contracts relating to goods prepared in line with the consumer's request or personal needs, this period may in no case exceed thirty days in sales of goods. If the seller or provider fails to perform its obligation within this period, the consumer may terminate the contract.”

“(7) In distance contracts, contracts outside the scope, the rights and obligations of the consumer, the seller and provider, and of the intermediary service provider mediating the establishment of a distance contract , the right of withdrawal, the obligation to inform, delivery and other implementation procedures and principles shall be determined by regulation.” and of the Regulation on Distance Contracts set out in paragraphs (1) and (4) of Article 16 titled “Performance of the contract and delivery”:

“(1) The seller or provider is obliged to perform its obligation within the period it has committed from the date the consumer's order reaches it. Except for contracts relating to goods prepared in line with the consumer's request or personal needs, this period may in no case exceed thirty days in sales of goods.”

“(4) In cases where the performance of the ordered goods or service obligation becomes impossible, the seller or provider, and, where it collects the price on behalf of the seller or provider, the intermediary service provider, are obliged to notify the consumer in writing or by means of a durable data medium within three days from the date they become aware of this situation, and to refund all payments collected, including delivery costs, if any, within fourteen days at the latest from the date of notification. The goods being out of stock shall not be deemed as the performance of the goods obligation becoming impossible.”

the seller, acting as a prudent merchant, is obliged to deliver within the time limit the goods ordered by the consumer through the distance contract method, and cancelling a distance contract on the grounds that the goods are out of stock/cannot be supplied has been determined to be a transaction and practice contrary to the legislation.

Accordingly, I kindly request your information and necessary action regarding informing the members of your Organization operating in the field of electronic commerce that, in the event that transactions contrary to the said legislative provisions are detected as a result of examinations and inspections to be carried out by our Ministry's organization, the administrative sanctions provided for under Law No. 6502 are being applied.

Kind regards,

Elazığ Chamber of Commerce and Industry