Some important revisions had been made to the Regulation on Distance Contracts ("Regulation"), which regulates the implementation procedures and principles regarding distance contracts, with the Regulation Amending the Regulation on Distance Contracts published in the Official Gazette dated 23.08.2023 and numbered 31932.
The effective date of some of these amendments was initially postponed to 1/1/2024 with a regulation published in the Official Gazette on November 4, 2023. However, as this date is now approaching, the effective dates of the relevant articles, which we will mention shortly, have been postponed once again. Within the framework of the Regulation amending the Regulation on Distance Contracts, published in the Official Gazette on 04.11.2023 and numbered 32359, the effective dates of some of these provisions have now been postponed to 01.01.2025.
A. Provisions whose Effective Dates are Postponed and Provisions Already in Force
1. Article 5/1-g – Right to Withdraw: Pursuant to the Article, the consumer is obliged to be informed by the seller or provider of all matters listed in the article, before the establishment of the distance contract or before accepting any offer corresponding thereto. The effective date of Article 5/1-g paragraph has been postponed.
Current version of Article: Paragraph 5/1-g does not exist.
Version of the Article to be in effect as of 01.01.2025:
"In cases where there is a right of withdrawal, information on the conditions, duration, procedure for exercising this right, information on the carrier provided by the seller for the return, and information on the amount of the return cost not exceeding the delivery cost if the goods are returned by this carrier and information as to which party will bear this cost and information that the consumer will bear the return cost if the goods are returned by a carrier other than the one provided."
2. Article 12 – Obligations of the Seller or Provider: The effective date of Article 12 on the Liabilities of Sellers and Providers has been postponed to 01.01.2025:
Current version of the Article:
“(1) The seller or provider is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the consumer has exercised the right of withdrawal.
(2) The seller or provider is obliged to make all refunds referred to in the first paragraph in a single payment in accordance with the payment instrument used by the consumer when purchasing and without any cost or obligation to the consumer.
(3) In the exercise of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5, if the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the costs related to the return. In the event that the seller does not specify any carrier for return in the preliminary information, the consumer cannot be charged any amount for the cost of return. In the event that the carrier specified in the preliminary information for return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods to be returned are collected from the consumer without any additional costs".
Version of the Article to be in effect as of 01.01.2025:
(1) The seller is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of delivery of the goods subject to the right of withdrawal to the carrier specified in the preliminary information for return. However, if the consumer returns the goods by a carrier other than the one envisaged for return, the said obligation starts from the date the goods reach the seller. In distance contracts established through the platform and where the collection of the price is mediated, the intermediary service provider is jointly and severally responsible with the seller for the return of the payments specified in this paragraph to the consumer, except in the case where the price is transferred to the seller after delivery.
(2) In the event that the right to withdraw before the delivery of the goods is exercised, the seller and the intermediary service provider in distance contracts established through the platform and mediating the collection of the price are obliged to return all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification regarding the exercise of the right of withdrawal.
(3) In the event that the right to withdraw is exercised in contracts for the performance of services, the provider and the intermediary service provider in distance contracts established through the platform and mediating the collection of the price are obliged to return all payments collected within fourteen days from the date of receipt of the notification regarding the exercise of the right to withdraw.
(4) The seller or provider is obliged to make all reimbursements specified in the first, second and third paragraphs at once, without prejudice to the provision of the third paragraph of Article 13, in accordance with the payment instrument used by the consumer when purchasing and without any expense or obligation to the consumer. In the event that it collects the price on behalf of the seller or provider in distance contracts established through the platform, the intermediary service provider is jointly and severally responsible with the seller or provider for the fulfillment of this obligation, except in cases where the price is transferred to the seller or provider after the delivery or performance of the goods or services to the consumer. In case the payment is made by credit card, card issuers within the scope of the Bank Cards and Credit Cards Law dated 23/2/2006 and numbered 5464; are obliged to add the amount transferred by the seller, provider or intermediary service provider to the cardholder's available limit at once after it reaches them.
(5) In the exercise of the right to withdrawal, in the event that the information regarding the carrier envisaged by the seller for the return and the return cost amount determined not to exceed the delivery cost in case of return of the goods by this carrier and which party will be borne by, and that the consumer will bear the return cost in case of return of the goods by a carrier other than the one envisaged is not included in the preliminary information within the scope of subparagraph (g) of the first paragraph of Article 5, the said cost shall be borne by the seller or provider. In the event that the carrier specified in the preliminary information for return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer without any additional costs. In distance contracts established through the platform, if this information is not included in the preliminary information within the scope of subparagraph (g) of the first paragraph of Article 5, or if the specified carrier does not have a branch where the consumer is located, if it is caused by the intermediary service provider, the costs and obligations in question must be covered by the intermediary service provider.
(6) In distance contracts established through the platform, the seller or provider is obliged to immediately deliver the notification that the consumer has exercised his right of withdrawal to the intermediary service provider.
3. Article 12A – Obligations of the Intermediary Service Provider: Under Article 12A, the concept of intermediary service provider, one of the innovations introduced on 23.08.2023, is emphasized and the obligations of this person are listed.
Current version of the Article: Article 12A is in force and there is no paragraph 12A/7-b.
Version of the Article to be in effect as of 01.01.2025:
"In the event that the consumer exercises the right to withdraw after the delivery of the goods, if the price has not been transferred to the seller as of the date of receipt of the withdrawal notification, from the date of delivery of the goods subject to the right of withdrawal to the carrier foreseen for return, or from the date of delivery to the seller if the goods are returned by a carrier other than the one foreseen for return"
4. Articles 13/1 & 13/3 – Obligations of the Consumer: After the exercise of the right to withdraw, the period for the return of the goods to the seller or provider or the person authorized by the consumer from the date of the consumer's notification was increased from 10 days to 14 days with the amendments dated 23.08.2023. With this postponement, it is stated that this period will remain 10 days until 01.01.2025.
At the same time, except in cases where the return of the product is caused by the defect of the product, if it is clearly stated in the preliminary information and if the return costs are stated when the prescribed carrier is selected, the possibility of agreeing that the return costs of the goods will be borne by the consumer and the possibility of deducting the return costs from the refund of the price in such cases if the consumer requests, has been postponed to 01.01.2025.
Current version of Article 13:
"(1) Unless the seller or the provider makes an offer that it will take back the goods itself, the consumer is obliged to send the goods back to the seller or the provider or the person authorized by it within ten days from the date of the notification that the consumer has exercised the right of withdrawal.
(2) If the consumer uses the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, the consumer is not responsible for the changes and damages that occur".
Version of the Article to be in effect as of 01.01.2025:
"(1) Unless the seller or the provider makes an offer that it will take back the goods itself, the consumer is obliged to send the goods back to the seller or the provider or the person authorized by it within fourteen days from the date of the notification that the consumer has exercised the right of withdrawal.
(2) If the consumer uses the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, the consumer is not responsible for the changes and damages that occur.
(3) The consumer is obliged to cover the cost of return, not exceeding the delivery costs, if it is agreed in the preliminary information and the amount is included in the return by the carrier provided by the seller. However, if the goods delivered to the consumer are defective within the scope of Article 8 of the Law, the consumer cannot be held responsible for the return costs. If requested by the consumer, the return costs may be deducted from the cost of the goods or services to be returned to the consumer and the delivery costs".
5. Article 15/1-i, i, j, k – Exceptions to Right to Withdraw: With the amendments dated 23.08.2023, some types of contracts were added as exceptions to the consumer's right to withdraw. These are: (i) contracts regarding mobile phones, smartwatches, tablets and computers that have been delivered to the consumer, (ii) contracts concluded by auction in the form of a live auction, (iii) contracts relating to the installation or assembly of goods that are specified in the identification and user manual to be installed or assembled by the seller or authorized service (iv) contracts relating to movables that are obligatory to be registered pursuant to the Highway Traffic Law dated 13/10/1983 and numbered 2918 and contracts relating to unmanned aerial vehicles that are obligatory to be recorded or registered. With the latest amendment, the effectiveness of these exceptions has been postponed to 01.01.2025.
Current version of the Article: Unless otherwise agreed by the parties, Article 15/1 paragraphs ı, i, j, k are not included among the exceptions where the consumer cannot exercise the right to withdraw.
Version of the Article to be in effect as of 01.01.2025: The following paragraphs shall be added to Article 15/1:
"ı) Contracts regarding immovables that are obligatory to be registered according to the Highway Traffic Law dated 13/10/1983 and numbered 2918 and unmanned aerial vehicles that are obligatory to be recorded or registered.
- i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
- j) Contracts concluded by auction in the form of a live auction.
- k) Contracts for the installation or setup of the goods that are specified to be installed or assembled by the seller or authorized service in the introduction and user manual"
B. Effective Date
It is stated that the regulation regarding the above-mentioned postponements will enter into force on 01.01.2024. As of this date, the above-mentioned provisions, the enforcement of which has been postponed to 01.01.2025, will continue to be applied in their current effective status before the amendment dated 23.08.2022.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
