Regulation Amending the Regulation on Distance Contracts Has Been Published

What is Distance Contracts?

Distance contracts are included in the Law on the Protection of the Consumer (In Turkish) and the Regulation on Distance Contracts and refer to contracts established by using remote communication tools between the parties until and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer.

What are the Fundamental Changes Made in the Regulation on Distance Contract?

The Regulation on Amending the Regulation on Distance Contracts ("Regulation") (In Turkish) has been published in the Official Gazette dated August 23, 2022 and numbered 31932. The amendments made in the Regulation are as follows;

• In case the transactions regarding mobile phones, smart watches, tablets and computers delivered to the consumer are carried out through distance contracts, the consumers will not use their right of withdrawal without giving any reason and paying a penalty as of October 1, 2022.
• The Regulation excludes value-added electronic communication services, which are established via short messages and fully performed simultaneously, without subscription, and donations under the Aid Collection Law (In Turkish), and value-added electronic communication services offered by public institutions from the scope of the Regulation.
• With the amendment made, the definitions of "Intermediary Service Provider" and "Platform" were made in the Regulation.
• In certain cases, it may be possible for the consumer to bear the return costs in case of the return of the goods by the consumer and the exercise of the right of withdrawal.
• In cases where the right of withdrawal is exercised, the intermediary service providers are jointly and severally liable with the seller for the refund of the payments to be made to the consumer, except for the case where the price is transferred to the seller after the delivery, in the distance contracts established through the platform and where the collection of the price is mediated. Those concerned are obliged to return these costs to the consumer within 14 days and the payments must be made to the consumer at once.
• With the article numbered 12/A, added newly to the Regulation, obligations of the intermediary service provider have also been regulated.

The Regulations of the Regulation will enter into force on October 1, 2022, although some provisions of it have been kept separate.

Should you have any queries or need further details, please contact your customer representative.