İnternet aracılığı ile yapılan satım sözleşmesi
Sale contract through internet
- Tez No: 94611
- Danışmanlar: PROF.DR. A. LALE SİRMEN
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, İşletme, Law, Business Administration
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2000
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 143
Özet
Özet yok.
Özet (Çeviri)
141 SUMMARY The subject of our thesis is sale contract through Internet The Internet began, as ARPANET, in 1969 at the Advanced Research Project Agency. It was developed as a way to connect the military, defense contractors, and educational institutions conducting defense research. The network spread from government agencies and universities to corporations and individually as other networks formed and connected to ARPANET. The using of Internet for selling and purchasing is a new form of marketing with a predicted explosive growth over the next few years. The tremendous growth of the Internet, and particularly the World Wide Web (WWW), has led to a critical mass of consumers and firms participating in a global on-line marketplace. The rapid adoption of the Internet as a commercial medium has caused firms to experiment with innovative ways of marketing to consumers in computer-mediated environment. These developments on the Internet are expanding beyond the utilization of the Internet as a communication medium to an important view of the Internet as a new market.142 There are plenty of benefits for consumers and suppliers using Internet for selling and purchasing. Millions of people, all over the world, will have access to suppliers' site 24 hours a day, every day. Many stages of the purchasing process can be automated, or conducted by the consumer with no contact with anyone in the host company. Product information and services can be updated quickly and cheaply, with no need for massive print budgets. It is possible that no sales personnel or telephone operators would be necessary. Pricing could be flexible, based on current stock levels or other criteria. Paperwork could be greatly reduced. It is very easy to collect demographic information. However, Internet also has some drawbacks. First, Internet takes away the person-to-person shopping experience. Consumers are no longer able to get a“feel”for the products and ask the opinion of fellow shoppers or clerks who know more about the product. They must rely on product information provided by the company on the Web Page. Second, not everyone has access to the Internet therefore, not everyone can go online shopping. Lastly, Internet is susceptible to security breaches. The sale contract through Internet is a part of electronic commerce. Electronic commerce would be defined as“any form of business transaction in which the parties interact electronically rather than by physical exchanges or direct physical contact”. Electronic commerce can be sub-divided into four distinct categories which are business to business, business to consumer, business to administration and consumer to administration. Our thesis is relating to business to consumer electronic commerce.143 The sale contract through Internet was regulated by The European Union's Directive on the Protection of Consumers in Respect of Contracts Concluded at a Distance. The main substantive provisions of the Directive are a presale disclosure requirement, a seven-day right of withdrawal and a requirement that goods be shipped within thirty days. Means of distance communication is defined as any means that may be used to conclude a contract without the simultaneous physical presence of the supplier and the consumer. Internet is one of the means of distance communication. In Turkey, the Consumer Protection Act, which is a general act, regulating various diffirent fields related to consumer,.was adopted in 23.February. 1995. But, it does not include any article governing sale contract through Internet. However, articles 8 and 9 of this Act are devoted to doorstep selling. They give lots of rights to consumers, which are similar to European's Directive on the Protection of Consumers in Respect of Contracts Concluded at a Distance. Until the legislation relating to the sale contract through Internet is enacted, the convenient parts of these articles can be used for this kind of contract. Acording to article 8 of Consumer Protection Act, consumer has a coolling- off period which allows a consumer to reconsider the consequences of a contractual commitment into which he has entered, and to withdraw from the commitment if upon reflection it does not seem to advance his interests. It allows a consumer to avoid the negative consequences of a temporary lapse in good judgment. TC
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