Managing Remote Communications Contracts

Managing Remote Communications Contracts
section one:     
purpose , frame, document and definitions
A    purpose:
article 1: (1) the purpose of this administration is organizing bases and principle relating to the remote communications contracts .
the frame:
article 2 (1)  this administration applies to the remote communication contracts
(2) the provisions this  of this administration
a - financial  service  
b – sales fulfilled via automatic machines.
c - use of the public  phones  via  communications operators .
ç - bet and draw, lottery and services related chance games .  
d - rights  resulting from the immovable, transference of their properties and  acquisitions them.
e - residence  rental  
f - tourism  rounds  
g – selling touristic apartment by installment, chalets, tourist flats, long term tourist services all that related to it including the re sale or change.
ğ - meet  consumers requests and deliver them to the house or work which the seller performs continuously in the frameworks of the deliveries such as the foods and beverages of the daily consumed disposables.
h - services of passenger transport in accordance with the  article (5) , paragraphs (a),  ( . b) and (d) and obligations  to give data provided to retain the obligations of articles 18 and 19.
i – installation, maintenance, and repair goods.
i -  home  care  services  like services of care  of  children  and the elderly, patients and social  services  introduced to  support people.
               it is no applicable in the contracts related in that.
The Legal Document :
article (3): this administration has been prepared on the basis of the law of   consumer protection right  no. 6502 issued on 07/11/2013 the articles 48 and 84 thereof.
Definitions:
article (4): in the application of this administration:
a - digital content : all types data offered digitally  like computer softwares,  application , games, music, video and text.
b - service: include all operations of consumption except providing  goods which are provided for a fee, benefit or it is undertaken to provide.
c -  permanent data preserver :
  it is:  the data sent by the consumer or the consignee, and recording these information and securing copying  without change to match with a goal and it is assessed within a reasonable period of time , and the possibility of accessing this piece of information via  SMS, e - mail, internet , the CD , DVD  memory card  and the like of flash memories.
ç - law: law of the right consumer  protection  no. 6502
d - the goods: the  sale and purchase, portable things, the immovable which are used for the purpose of residence and tourism , the unphysical  which are used in the electronic environment such as softwares, audios, videos, and the like.  
e – remote communications contract :
               the contracts that are held remotely between the seller or the provider with the consumer and simultaneously and without the presence of a physical property, in the framework of the  the system forming  remotely  marketing for services and goods, which are concluded to be ready for use at the conclusion of the contract via  communication means .
f – provider: he represents the real  and legal  person  who offers goods for professional or commercial  purposes to the consumer  
g - seller:  he represents the real or legal person who offers goods for professional or commercial purposes including legal  public characters  or any personality representing them and their accounts.
ğ -  consumer:  real or legal  person who moves for  non commercial and professional purposes .
h – remote communication means: every means or environment that allows the possibility of concluding a contract without physical face to face meeting such as internet sms,  electronic massages, the television, the radio, fax, phone, catalogue , message.
i -  secondary contract :  concluded by the seller under the  remote contract with the  provider or a third person to provide goods or additional service.
section ii:
the initial media requirements.
the initial media:
article 5: the consumer as from the conclusion of  remote contract  or before accepting any offer provided in exchange of that, the seller or the provider should notify it in a way that includes the following:
a - the basic  essence  of the service or goods subject of the contract.
b - name the seller or supplier or his commercial name  and mersis no. if any.
c - to create possibility of ensuring the link between  the consumer with the seller or supplier in a fast way, it is a must to avail the real address of the seller or the supplier , his phone no. , and similar communication data along with the address and the identity of the person representing the supplier and the seller, if any
ç – for the consumer to sent his claims to the seller or the supplier, the various communications information should be provided as mentioned in the article (2). if any.
d - overall  price of the goods or the service including  taxes and  according to its essence in case it is not possible to assess the assets price, expenses and additional expenditures, if any, such as the transport, delivery and the like. in case the advanced calculation  is not possible there should be a document of additional expenditures.
e - in stage of the contract conclusion , in case of not considering the substitute for using a remote communication means in accordance with the general tariff, there will be additional expenditures to be added on the consumer
f-   payment, delivery, meet, and related  information, if any,   solutions management  with regards  to the complaints of  the seller or server and relevant pledges .
g - in case of retrieve right , conditions  for using this right, duration, assets, and information related to transport for refunding on the part of the seller
ğ – real and clear address to notifying the retrieve,  fax no or the information email.
h – in light of the article 15 in case of not using the retrieve right, the information related to the unused is a retrieve right ,and under any condition the right retrieve might be neglected .
1 – pursuant to the request of the seller or supplier, the conditions related to pay or to secure mortgage or the other financial insurances.
i – technical protection  measures  which may affect the functions of the digital content, if any.
j - information related necessary  devices and softwares, which the seller or the supplier should be aware of reasonably.
k - information related in case of a dispute in submitted a request by the consumer to the court of the consumer of   consumer arbitration body .
2 - information mentioned in the article (1) are part and parcel of the remote communication contract and if the parties did not show the frankness of the agreement, the information otherwise are not subject to change.
3. if the seller or the provider did not meet the  obligations  of  additional  expenditures  stated in the (d) of article (1) the consumer will be bound to meet the obligations
4. total  price  incoming at item (d) of the first article. in case the contract was for unlimited period of time or a contract of subscription for a limited period, the expenditures should be included in the billing process.
5. contracts based on the auction or tender, instead of the information contained in paragraphs (b) and (c) and (ç) they can be substitute for the bidder’s information.
5. the burden of evidence  concerning the initial reporting will be borne by the seller of the supplier.
the initial media method:
article (6) - (1): the seller or provider of media should  notify all in respect of paragraph (1) of article (5), and in proportion to the means of  remote communication provided that the  font size is 12  in a clear, explicit and understandable, simple and legible and written language by the seller or the provider with the media of one of the permanent storing means  (such as sms and e mail).
(2) - in the   case   of concluding a remote communication   contract   via the    internet,    the   the seller   or   provider:
-a-  with the continuation of the obligation right with the notification mentioned in in the paragraph (1) of article (5) the same paragraph items (a) and (b) and (g) and (h)  the information incoming in which as a whole before it is included withing the obligation of the consumer directly,, it should be explicitly recognized.
b – it is a must to clarify explicitly whether there are any constraints of the  consignment and any means for payment the is more acceptable before executing the order to the consumer.
(3) - in case of concluding remote communication contract visa audio communication means,  the seller or supplier with regards of the first  paragraph  of the  article (5) items (a)and (d) and (g) and (h) must  give notification  before giving the  consumer the order clearly and via the environment subject of the talk.
       and the information incoming at paragraph (1) of article (5) according to paragraph (1) of article (5) notification before  goods  or meet the service and send it in writing .
(4) - information related to the order in a specific environment or introduced during a period of time concerning the remote communication contracts . regarding the first  paragraph of the  fifth items (a) and (g) and (h) before the consumer  give the order directly , he should notify that in understandable way  via the environment subject of the talk in accordance with the notification available in the first paragraph of  article (5) and at most till the date of the good delivery or fulfilling the service in writing .
(5) - contracts  organized in accordance with the methods stated in paragraph (3) and (4) or services  directly introduced. before meeting the order directly and via the the environment subject of the talk, and pursuant to the article (5) - paragraph first - items (a) and (b) and (d) and (h) and all related in respect the notification should be clear explicit.
confirm the initial information:
article (7) - (1) the consumer  has to confirm the initial information to the seller or provider by the methods specified in article (6) and by remote communication means  suitable otherwise the contract is considered null and void.
other  obligations  related initial s :
article (8) - (1) the seller or the provider and t before the confirmation of the consumer on the order, he should notify the consumer frankly and clearly of the necessity of paying otherwise  the consumer would be unbounded with the order .
(2) in case  of connecting the consumer by the seller or the provider or concluding remote communication contract. at the beginning of every call the seller or the provider should identify himself and state whether he calls in the name of another account and that the connection is for commercial purpose.
section iii:
the use of the the right of retrieve and the obligations of the parties:
the right to decline:
article 9 - (1) the consumer within 14 days and without presenting justification and pay condition penal has the right decline the contract.  
(2) the period of the right to decline, in the contract of fulfilling the service, the period starts from the day of concluding the contract, while in the contract of the goods delivery the period starts from the goods delivery by the party of the consumer or a third person determined by the consumer but the consumer has the right to use the decline right from the beginning of the conclusion of the contract till the delivery.
(3) in determination of the  interval retrieve right:
-a at giving the order and the delivery will be fulfilled on intervals, the interval starts as from the receipt by the consumer of the third period the consumer identifies at the latest delivery
-b if the goods comprise several parts the interval starts from the delivery by the consumer of the third person identified by him at the receipt of the last part  
-c – in the contracts where the goods are regularly delivered during a set time for the consumer or a third person identified by him, the interval starts from the date of the first day of the goods delivery .
(4) the goods delivered by the seller to the transporter, the delivery of the goods to the consumer is accepted as the beginning of  the period.
(5) in the contracts  where the service is fulfilled along with the goods delivery, the obligation of the retrieve right is used concerning the goods delivery
incomplete notification:
article 10-1 of the seller or provider is committed to  notifying the consumer his right of retrieve, and in case the consumer was not informed of the retrieve right adequately, the use of the retrieve right is unrestricted to 14 day period at any case. but this period ends in a year as from the end of the retrieval period.
(2) the right of retrieve extending for the whole year in case of no notification adequately, so if the notification was fulfilled during this year adequately , the period of 14 days starting from the date of notification as required.
Use of the Retrieve Right:
article 11 - (1) notification regarding the right to use the retrieve before the end of the retrieve period, it will be enough that this notification be written or via the permanent margins by the seller or provider and they are managed.
(2) - consumer at the use of the retrieve right: the same way as he can use the form in the annex, he can state clearly the reason of retrieve, and the seller or the provider may submit the consumer through the internet the option of filling in this form or to sent the retrieve statement. in case of submitting the retrieve option on the part of the consumer through the internet, the seller or the provider is bound to notify the consumer of his receipt of the application of retrieve immediately.
(3) in the sales fulfilled through audio communication means, the seller or the provider is bound to send the for attached in the annex no more than the date of goods delivery or fulfilling the service .
the consumer may use the form to use the retrieve right and he can use the methods mention in the second paragraph
(4) the burden of evidence with regards use right backing down at this subject located on responsibility consumer.
Obligations of seller or provider:
article (12) the seller or the provider, starting from the notification of the consumer and his use of the retrieve right and by 14 days, the seller or the provider is bound to refund all the payments to the consumer including the expenditures of goods delivery, if any.
(2)  the seller or the provider is obliged under the first paragraph to return the payments the same way the consumer did without shouldering him any expenditures and in one batch.
(3) without using the retrieve right, and in accordance with the first paragraph of the fifth article, clause (g) , in case of returning the good through the specific transporter for the goods delivery, the consumer will be irresponsible for the expenditure of returning, and in case of undermining the transport in the initial notification by the seller, he shall not claim for any compensation of the return from the consumer
consumer obligations:
article (13) - (1) in the case of no offer from the seller or the provider for the turning back the goods, the consumer starting from the date of his notification of the goods turning back, he has to turn back the goods by ten days to the seller or the provider or the person vested by them
the effect of the sub-contract to use the retrieve right:
article (14) - (1) – under the conditions to keep the provisions of article 30 of the law, if the consumer made use of the retrieve right the subcontract will be ended automatically and ins such a case the consumer in the situation not included in the provisions of the article  article (3) the second paragraph , the consumer is not obliged to pay any expenditures( or insurance or penal condition…
2) the seller or supplier in the case the consumer uses the retrieve right, is obliged to notify the third person who represents the third person in the subcontract.
Exceptions of the retrieve right
Article (15) - (1) if the two parties do not agree otherwise, the consumer cannot use the retrieve right in the contract below:
-a contracts related the services or the goods which are not in the possession of the seller or supplier and that their prices are subject to the demands of the market and it is variable accordingly.
-b contracts associated with goods cut at the desires of the consumer or what cover his personal needs.
- c- contracts related to the delivery of fragile goods or the goods that have not sufficient time of validity.
- ç - contracts relating to goods that were canning of which was removed, so apply to the goods stamped or stuck or the like, and the goods which their turning of which are considered unhealthy for the personal hygiene.
-d contracts which include goods that are mingled  and mixed  with other products after delivery it is difficult separate them naturally.
- e contracts related goods canned and protected with  coating , plaster or a stamp which can be presented in the physical environment such as book, the digital content and the computer equipments.
- f contracts related to the delivery of  magazines and periodical newspapers outside the framework of the subscription contracts.
g - contracts having to do with enjoying the leisure time, and the conclustion of which is associated with the date and specific time such as the break, entertainment , serving foods and beverages or residence, moving properties and rent a car.
- ğ contracts related to providing unphysical goods such as the services introduced  instantaneously in the electronic environment or that which are delivered to the consumer directly and instantaneously .
- h- contracts relating to the services provided to the consumer and that need to be authenticated before the expiration of a period of decline.
the fourth section:
other provisions:
fulfillment of the contract and delivery.
Article (16) - (1) the seller or provider is obliged to deliver the goods to the consumer as soon as  he receives the order from the consumer and during the period of time during which he undertakes to fulfill his commitments in case of selling the goods, this period at all conditions will not exceed 30 days.
(2) in case the seller or the provider did not achieve his specific commitments in the first period, then it is the right of the consumer to cancel the contract. (3) in case  of the annulment  of the contract ,  the seller or supplier starting from the date of receiving the annulment request, he has to refund all the payments including the expenditures and cost of delivery and  within (14) days and pursuant to the law no  395 of 04/12/1984, pertaining to the interest and virtual benefits, and in accordance with the article  (1) thereof, the seller must refund including the interest to the consumer and to give back all the papers and documents that put the consumer under debt , if any.
(4) remuneration for ensuring the service and the goods subject of the order in case of the impossibility to availing them , and soon the seller or the provider recognizes this situation, he has to notify the consumer in three days in writing or via the permanent data media, and to refund all the consumer paid including the expenditure of delivery, if any and during 14 days maximally . now in case the goods were not in stock, it is accepted in the situation of the impossibility of delivering the goods.
Liability for damage:
article (17) - (1): the seller or the provide will be responsible for all the damages resulting till  the delivery of the goods to the consumer of the third person determined by the consumer regardless of the goods transporter.
(2): in   case   the consumer requested to have the goods delivered to a transporter not determined by the seller, the seller then bears all the damages till the arrival of the goods to the specific transporter.
assets using the phone:
article (18) - (1): in case of allocating a phone for the consumers to communicate with the seller or the supplier with regard to the contract concluded, the seller and the suppler cannot choose the tariff for that line exceeding the normal tariff .
additional payments:
article (19) - (1): prior to the conclusion of the contract, the obligations stemming from the  contract not approved and outside the framework of the main remuneration, the seller or the supplier cannot claim the consumer to pay additional payment without his approval clearly and separately .
(2): in case of  collecting additional  allowances  from  the consumer without a clear approval and this remuneration was automatically added at the registration, the seller or the supplier will be then obliged to return the remuneration to the consumer immediately.
saving the information and the obligation for confirmation:
article (20) - the seller or provider in the framework of the right to decline under these laws , he is obliged to keep information ( notices), delivering, and the procedures pertaining to thes obligation and all related information and credential for three years .
(2): in framework of the system established, the broker who assist the seller of the supplier in concluding the remote communicating contract by suing the communication media, the seller or the supplier regarding this law, has to retain the procedures for three years and secure them in case they were requested by the institution, organization and the consumer.
(3) the seller or the supplier is obliged to confirm that the unphysical materials presented to the consumer via the electronic environment or service directly paid-off are safe of defects
section v:
various and final provisions:
called-in laws
 article (21) - (1) the law of the remote communicating contract  no. 866 of  06/03/2011 was called in
execution :
article (22) - (1) this law is executed by the ministry of customs and trade.
implementation:
article (23) this law shall be the ministry of customs and trade