Effective Date of Certain Amendments to the Regulation on Distance Contracts Have Been Postponed
15 September 2022
Through the Regulation on the Amendment of the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated August 23, 2022 and numbered 31932, extensive amendments had been introduced to the Regulation on Distance Contracts (you may reach our relevant information note via the following link: https://www.guner.av.tr/articles/8-september-2022).
This time, the Regulation on the Amendments to the Regulation on the Amendment of the Regulation on Distance Contracts (“Amendment”) was published in the Official Gazette dated September 14, 2022 and numbered 31953, whereby the date of entry into force of certain provisions of the Regulation have been postponed.
Prior to the Amendment, pursuant to the effective date provision of the Regulation, the provision regarding refunds for payments made by credit card would enter into force on January 1, 2023 and the other provisions on October 1, 2022. With the Amendment, the date of entry into force of the following provisions, all of which are related to the consumer’s right of withdrawal, have been postponed to January 1, 2024:
- Subparagraph g of the first paragraph of article 5, as amended by article 3 of the Regulation (provision regarding the inclusion of information on the amount of return costs and the party to cover such amount, in the preliminary information),
- Article 12, as amended by article 9 of the Regulation (provisions regarding the obligations of the seller or the supplier within the scope of the right of withdrawal, including the provision on refunds for payments made by credit card),
- Subparagraph b of the seventh paragraph of article 12/A introduced with article 10 of the Regulation (provision regarding the joint and several liability of the intermediary service provider together with the seller or the supplier for the refund of payment of the goods or services to the consumer, in case the right of withdrawal is exercised by the consumer after the delivery of the goods),
- Article 13, as amended by article 11 of the Regulation (provisions regarding the increase of the period specified as a minimum of ten days to fourteen days for the consumer to send to the seller or supplier, or to the authorized person, the goods for which he/she has exercised the right of withdrawal, and regarding the coverage of the return costs), and
- Subparagraphs added to the first paragraph of article 15 with article 13 of the Regulation (provision which extends the scope of exceptions to the consumer's right of withdrawal)
Remaining provisions of the Regulation will enter into force on October 1, 2022, as no amendments have been within this scope.
Guner Law Office