Regulatory & Compliance

Withdrawal right Within the Scope of the Regulation Amending the Regulation on Distance Contracts

With the Regulation Amending the Regulation on Distance Contracts No. 31932 published in the Official Gazette dated 23 August 2022 and numbered 31932, extremely important changes were introduced to the Distance Contracts Regulation No. 29188 dated 27 November 2014. In this article, important changes, exceptions and innovations brought by the Regulation on the Amendment to the Regulation within the scope of the withdrawal right will be examined. 

  • New Definitions Introduced by the Amendment Regulation

In addition to the many changes brought by the Regulation on Making Amendments, we also see that many new definitions and concepts are included in the Regulation.  Within this frame the following concepts have been included in the Regulation:

The concept of “Intermediary Service Provider”, also known as “e-marketplace” is included as “real or legal person that mediates the establishment of a distance contract on behalf of the seller or provider by using or making available remote communication tools with the system it creates”. 

-“Platform”, as “the system created by the intermediary service provider to mediate the establishment of a distance contract, excluding the common public electronic platform where public services are offered from a single point”. 

  • Changes Regarding the Use of the Withdrawal Right

With the amendments made on the Regulation, all notifications regarding the use of withdrawal right by the consumer can now be directed to the intermediary service providers in addition to the seller and provider. However, the intermediary service provider must be able to facilitate a system that can respond to this notification through the “Platform”. 

Additionally, the period for using the consumer’s withdrawal has been extended to fourteen days with the Regulation on the Amendment. 

In cases where the goods are delivered to the consumer and the consumer wishes to use the  withdrawal right ; changes have also been made to the seller’s refund period. Within the scope of these changes, if the return is made with the carrier specified in the preliminary information form, “the date when the consumer returns the goods to this carrier”, if it is returned with a different carrier, “the date the product reaches the seller” has been determined as the starting date for the return period of the payment. 

In addition, it is stipulated that from now on, the refunds to be made to the consumer will be made at one time and in accordance with the payment method initially used by the consumer.

Within the scope of the withdrawal right, the seller and the suppliers will be responsible for the compliance of the reimbursement processes with the regulation. In case the consumer is not informed about the return of the goods procedure in the preliminary information text, the sellers and suppliers will be responsible for the return costs of the goods.

  • Exceptional Regulations Regarding the Use of Right of Withdrawal

With the Regulation on the Amendment of the exercise of the withdrawal right, certain exceptions are defined. With the first paragraph of Article 15 of the Regulation titled “Exceptions to the right of withdrawal”; It is stipulated that the withdrawal right granted to consumers cannot be exercised any longer in the following contracts :

-Contracts regarding movables which are required to be registered according to the Highway Traffic Law and unmanned aerial vehicles which are required to be recorded or registered, mobile phones, smart watches, tablets and computers delivered to the consumer, and contracts for goods purchased through live auction. In addition, the right of withdrawal cannot be exercised for contracts regarding the goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service and that are already installed or assembled in this manner.

the contracts regarding the installation or assembly of the goods by the seller or the authorized service. 

  • Enforcement

The last sentence of the fourth paragraph of Article 12 of the Regulation which regulates certain issues related to refund payments of credit card issuers will enter into force on January 1, 2023, whereas all other articles introduced by the Amendment Regulation will enter into force on October 1, 2022.

İlknur Kapucu, Attorney At Law

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