IMPORTANT CHANGES TO THE REGULATION ON DISTANCE CONTRACTS

The Regulation on the Amendment of the Distance Contracts Regulation (“Mesafeli Sözleşmeler Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”, the “Amendment Regulation”) was published in the Official Gazette on 23 August 2022 and numbered 31932.
With this Amendment Regulation, new provisions have been brought in relation to (i) the obligation of preliminary information (in Turkish, “Ön Bilgilendirme”), (ii) delivery of goods, (iii) the right of withdrawal and some certain other obligations are introduced for the intermediary service providers (in Turkish “Aracı Hizmet Sağlayıcı”).
The significant changes foreseen in the Amendment Regulation are in brief as follows:

• The definitions of “Intermediary Service Provider” and “Platform” were added in the Distance Contracts Regulation;

• In the event that a distance contract is executed through the platform, the intermediary service provider will be jointly and severally liable with the seller or the provider for obligations such as providing preliminary information to the consumer, confirmation of preliminary information, deficiencies of the informationand accuracy of the information;
• Preliminary information shall include the intermediary service provider’s name or title, MERSIS (that is the trade registry central registration system) number or tax identification number, the full address, telephone number and similar contact information that allows the consumer to contact the seller or provider and the intermediary service provider quickly, and, if any, the identity and address of the person acting in the name of or on behalf of the seller or provider. Additionally, if the seller or the provider and the intermediary service provider have contact information different from those specified, such information must be provided for the consumer to submit their complaints.
• In cases where there is a right of withdrawal, the consumer must be informed in the preliminary information applicable as of 1^st January 2024 on

• the delivery and performance period included in the preliminary information must be compatible with the time period promised in commercial advertisements and promotions,
• In distance contracts established over a platform, the intermediary service provider must provide the necessary system on the platform to enable consumers to fill in the form in the annex of the Regulation or send the notification of withdrawal. Intermediary service providers must immediately notify the consumer on receipt of the withdrawal request,
• Except for situations where the data entry is provided by the seller or the provider, the intermediary service provider shall be responsible for the deficiencies in the mandatory informing matters,
• The intermediary service provider is obliged to establish the necessary system for the exercise of the right of withdrawal in the distance contracts established over the platform and to immediately convey to the consumer the confirmation information that the withdrawal statements submitted by the consumers have reached them and the seller or provider,
• The time period for the consumer to return the products to the seller has been increased to 14 days from the date of the notification of withdrawal to be applicable as of 1^st January 2024,
• Some additions have been made to the list of the exceptions to the right of withdrawal (in Turkish, “cayma hakkı”) and as of 1^st January 2024, the consumer will not be able to use its right of withdrawal for the below contracts:

1. contracts on movables, which must be registered according to the Highway Traffic Law (in Turkish, “Karayolları Trafik Kanunu”), and unmanned aerial vehicles subject to registry requirement,
2. contracts on mobile phones, smart watches, tablets and computers delivered to the consumer,
3. contracts concluded by way of live auction; and
4. contracts on the goods that have been installed or assembled by the seller or authorized services in accordance with the advertisements and user manual.

• It is possible to determine the 30-day maximum delivery time obligation for longer periods in the contracts regarding the goods prepared in line with the requests or personal needs of the consumers,
• In the distance contracts established through a platform, the seller or service provider must immediately notify the intermediary service provider regarding the consumer’s exercise of the right of withdrawal.

Our Law Firm remains at your disposal for any further clarifications you may need.