Postponement of the Effective Date of Various Amendments Made to the Regulation on Distance Contracts Through the Latest Amendment

As previously known, certain amendments were introduced to the Regulation on Distance Contracts (“Regulation”), which was published in the Official Gazette No. 29188 on 27 November 2014 and entered into force on the same date, through the Regulation Amending the Regulation on Distance Contracts (“Amending Regulation”) published in the Official Gazette No. 31932 on 23 August 2022.

These amendments included additional regulations regarding the preliminary information obligation concerning the right of withdrawal and exceptions to the right of withdrawal.

1. Postponement of the Effective Date of Article 5/1(g) and Related Provisions

Accordingly, the effective date of the provisions introduced by the Amending Regulation to Article 5/1(g) of the Regulation has been postponed until 01.01.2025 pursuant to the Regulation No. 31953 published on 04 November 2023.

According to the relevant article, in cases where the right of withdrawal is exercised in distance contracts, the preliminary information form must include:

• the conditions, duration and procedure for exercising the right of withdrawal,

• information regarding the carrier designated by the seller for returns,

• the amount of return costs, provided that such costs do not exceed the delivery costs, and the party responsible for covering such costs,

• information stating that the consumer shall bear the return costs if a carrier other than the one specified by the seller is used.

The entry into force of this provision has been postponed until 01.01.2025. Accordingly, the current regulations will continue to apply until this date.

The relevant provision of Article 5/1(g) is as follows:

“In cases where the right of withdrawal exists, information regarding the conditions, duration and procedure for exercising this right, the carrier designated by the seller for returns, the amount of return costs not exceeding the delivery costs in case the goods are returned through such carrier and the party responsible for covering these costs, and in case the goods are returned through a carrier other than the one specified, information stating that the return costs shall be borne by the consumer.”

In relation to this article, the amendments made to Article 12 of the Regulation regarding the exercise of the right of withdrawal and refund procedures have also been postponed until 01.01.2025.

Accordingly, the provisions regarding:

• the seller’s obligation to refund all payments received from the consumer within fourteen days,

• the joint liability of intermediary service providers operating through platforms,

• refund procedures in service contracts,

• refund methods and payment instruments,

• responsibility for return costs,

• obligations regarding the return carrier,

• obligations of intermediary service providers in platform-based distance contracts,

will not enter into force until 01.01.2025.

Therefore, regarding the party responsible for return costs when the right of withdrawal is exercised, the previous practice under the former legislation will continue to apply until 01.01.2025.

2. Postponement of Amendments Regarding Exceptions to the Right of Withdrawal

Additionally, through the Amending Regulation, new paragraphs (ı), (i), (j), and (k) were added to Article 15 of the Regulation, introducing additional exceptions where the right of withdrawal cannot be exercised.

The relevant provisions are as follows:

(ı) Contracts regarding movable goods required to be registered under the Highway Traffic Law No. 2918 dated 13.10.1983 and unmanned aerial vehicles subject to registration requirements.

(i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.

(j) Contracts concluded through public auctions conducted in the form of live auctions.

(k) Contracts regarding goods which, according to the user manual and instructions, must be installed or assembled by the seller or authorized service provider, where such installation or assembly has already been completed.

According to the latest Regulation No. 32359 published on 04 November 2023, the effective date of these provisions preventing the exercise of the right of withdrawal has also been postponed until 01.01.2025.

Accordingly, until 01.01.2025, consumers will continue to be able to exercise their right of withdrawal in relation to the above-mentioned goods and services.

3. Postponement of Additional Amendments Regarding Articles 12/A and 13

Apart from the above-mentioned provisions, the effective date of the following amendments has also been postponed until 01.01.2025:

Article 12/A Paragraph 7(b):

“In cases where the consumer exercises the right of withdrawal after delivery of the goods, if the payment has not been transferred to the seller as of the date on which the withdrawal notification reaches the seller, from the date on which the goods subject to withdrawal are delivered to the carrier specified for return, or, in case the goods are returned through a carrier other than the specified carrier, from the date on which the goods reach the seller, (…)”

Article 13 Paragraphs 1 and 3:

“Unless the seller or provider offers to take back the goods itself, the consumer must return the goods to the seller, provider or an authorized person within ten days from the date on which the consumer submits the notification regarding the exercise of the right of withdrawal.”

The effective date of these amendments has also been postponed until 01.01.2025.

Submitted for your information and evaluation.