The Regulation Amending the Regulation on Distance Agreements

The Regulation (Amending Regulation) Amending the Regulation on Distance Agreements (Regulation) is published in the Official Gazette dated 04.11.2023 and numbered 32359. The Regulation will enter into force on 01.01.2024. The implementation of certain provisions of the Regulation on Distance Contracts has been deferred until 01.01.2025. The deferred provisions are as follows:

• Subparagraph (g) of Article 5/1 of the Regulation stipulating that the seller or provider is required to inform the consumer before the conclusion of the distance contract about the conditions, procedure, term of the right of withdrawal, and the issues related to refund,  
• Article 12 of the Regulation on the obligation of the seller or the provider to refund the payments collected by them in case the consumer exercises the right of withdrawal; the refund period; the form of refunds; and who will bear the costs of the refund,
• Subparagraph (b) of Article 12/A/7 of the Regulation on the time limit within which intermediary service providers who collect the price on behalf of the seller or provider must refund the price of the goods or services and delivery costs to the consumer if the consumer exercises his right of withdrawal after the delivery of the goods,
• Article 13/3 of the Regulation concerning the responsibility of the consumer for the costs related to the return in case of exercise of the right of withdrawal,
• Subparagraphs (ı), (i), (j), and (k) of Art. 15/1 of the Regulation stating that the consumer may not exercise the right of withdrawal in certain agreements unless otherwise agreed by the parties.