Significant amendments have been made in the Regulation on Distance Contracts (“Regulation”) with the Regulation on Amending the Regulation on Distance Contracts, published in the Official Gazette dated August 23, 2022, and numbered 31932.
1. Definitions of “intermediary service provider” and “platform” have been included in the Regulation.
The following definitions have been included in Article 4/1 of the Regulation:
i) Intermediary service provider: The real or legal person who mediates the establishment of a distance contract on behalf of the seller or supplier by using or making use of distant communication instruments with the system it has developed,
j) Platform: System developed by the intermediary service provider to mediate the establishment of a distance contract except for the common public electronic platform where public services are provided a single point.
2. Exceptions to the right of withdrawal are expanded. Unless otherwise agreed by the parties, the consumer will not be able to use the right of withdrawal for the following contracts:
• Contracts for mobile phones, smartwatches, tablets and computers that have been delivered,
• Contracts for installed goods which is indicated within their manual that the installation of the goods will be carried out by the seller or the authorized service,
• Contracts concluded by auction in the form of a public auction,
• Contracts regarding movables being obliged to be registered as per the Highway Traffic Law and unmanned aerial vehicles (such as drones) being obliged to be registered.
3. Period of returning the goods is increased to 14 days from 10 days, in case the consumer uses her right of withdrawal.
4. It is now possible for consumers to direct their right of withdrawal to the intermediary service provider.
5. In case right of withdrawal is exercised before the delivery of the goods, the seller is obliged to refund all payments collected, including delivery costs, to the consumer within 14 days from the date of notification made for the right of withdrawal.
6. If the consumer returns the goods by a carrier other than the one stipulated for the returns, the obligation of seller to refund the payment will start from the date on which the goods are received by the seller
7. Consumer has become obliged to cover the return costs, not exceeding the delivery costs, if it is agreed in the preliminary information and the amount is included in the return of the goods with the carrier stipulated by the seller.
8. Scope of the mandatory elements that must be included in the preliminary information texts to inform the consumer has been expanded.
Before the amendment, it was sufficient to include information regarding only to the seller and the supplier in the preliminary information text, however, with the amendment, it is now obligatory for the intermediary service provider to include the same commercial information such as MERSIS number or tax identification number, etc.
With the amendment, it is stipulated that in cases where the distance contract is established through the platform and the data entry is performed by the intermediary service provider, the intermediary service provider shall be responsible for the deficiencies in the information required to be included in the preliminary information text and the accuracy of the data.
9. In addition to the seller or supplier, the intermediary service provider has also become jointly liable with the seller/supplier for the provision of preliminary information in contracts established through the platform.