NEW AMENDMENTS INTRODUCED BY THE REGULATION ON AMENDING THE REGULATION ON DISTANCE CONTRACTS

With the entry into force of the The Regulation on Amending the Regulation on Distance Contracts (''Amendment Regulation'') published in the Official Gazette dated 23.08.2022 and numbered 31932, there have been significant changes on the Regulation on Distance Contracts dated 27.01.2014 (''Regulation''). New regulations have been introduced on many issues such as the right of withdrawal, return costs, obligations of intermediary service providers and delivery of goods. 

The Regulation on the Amendment to the Regulation on the Amendment to the Regulation on Distance Contracts published in Official Gazette dated 14.09.2022 and numbered 31953 also introduced changes to the effective dates of the amendments in the Regulation. With this last amendment it has been decided that certain amendments will enter into force on 01.01.2024, while the remaining amendments will enter into force on 01.10.2022. The significant amendments introduced by the Amendment Regulation are listed below based on their effective dates. 


AMENDMENTS EFFECTIVE AS OF OCTOBER 1, 2022

Scope: Value-added electronic communication services that are established through short message service and do not include full simultaneous subscription, as well as donations within the scope of the Law on Collection of Aid dated 23/6/1983 and numbered 2860, and contracts regarding value-added electronic communication services offered by public institutions, are excluded from the scope of the Regulation.

Definitions: The definition of ancillary agreement has been expanded by defining intermediary service provider and platform.


Obligations of the Intermediary Service Provider: The following obligations and responsibilities are imposed on the intermediary service provider:


Liability of the Intermediary Service Provider for Additional Payments: It is regulated that the intermediary service provider shall be liable together with the seller or provider in the event that the consumer has made a payment due to the options that automatically selected and result in additional payment obligation without the explicit consent of the consumer.

Preliminary Information: 

The scope of informing the consumer before the conclusion of the distance contract has been expanded. 


Preliminary Information Method:

It is regulated that when communication is conducted through voice or when information is provided in a limited pace or time, the preliminary information that needs to be provided to the consumer in writing can also be provided  via permanent data storage device.

In addition, in the case of distance contracts established through the platform, except for cases where the seller/provider enters the data, the intermediary service provider shall also be jointly and severally liable with the seller or the provider for the fulfillment of the obligations for the information and deficiencies in the mandatory matters that must be included in the information. 


Other Obligations of the Intermediary Service Provider Regarding Preliminary Information:

Exercise of the Right of Withdrawal: It is regulated that the notification of the exercise of the right of withdrawal shall be sufficient when it is directed to the seller, provider or intermediary service provider. 

In addition, it is regulated that in distance contracts established through the platform the intermediary service provider must establish a suitable system for the consumer to fill out the withdrawal form or send the withdrawal statement.


The Effect of the Exercise of the Right of Withdrawal on Ancillary Agreements: It is regulated that in the distance contracts established through the platform, in the event that the ancillary agreements is mediated, the intermediary service provider will also be responsible for the notification of the use of the right of withdrawal .

Performance of Contract and Delivery: An exception has been made to the obligation of the seller or provider to fulfill its performance within 30 days from the date of receipt of the order in the sale of goods, and it has been determined that the 30-day time limit will not apply to goods prepared in line with the consumer's request or personal needs. In addition, intermediary service providers are also obliged to notify the consumer and refund the delivery costs, if any, in cases where the delivery of the order becomes impossible.


AMENDMENTS TO BECOME EFFECTIVE ON JANUARY 1, 2024

Preliminary Information: The scope of the preliminary information to be provided by the seller to the consumer has been expanded to include informing the consumer that they will be responsible for the cost of returning the product with a carrier other than the one designated.


Obligations of the Seller and Provider: 

Obligations of the Intermediary Service Provider:

In the event that the consumer exercises the right of withdrawal after the delivery of the goods, if the payment has not been transferred to the seller as of the date on which  withdrawal notification is received by the intermediary service provider, the seller and the intermediary service provider shall be jointly and severally responsible to refund the price of the goods and delivery costs starting from;

within 14 days of receipt of the product or service fee collected.


Obligations of the Consumer: