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Effective Date Of The New Obligations In The Regulation On Distance Contracts Is Postponed – Contracts and Commercial Law

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Significant amendments on preliminary information, delivery of
goods, right of withdrawal and intermediary service providers were
introduced previously with the Regulation Amending the Regulation
on Distance Contracts published under the Official Gazette dated
August 23, 2022 and numbered 31932 (“Amendment
Regulation
”). As per Article 18 of the Amendment
Regulation the obligation “to refund the payment to the
cardholder at once in case a credit card is used under contracts
where the right of withdrawal is exercised
” under the
fourth paragraph of Article 12 of the Regulation on Distance
Contracts was going to enter into force on 01/01/2023 and other
obligations was going to enter into force on 01/10/2022.

However, with the Regulation on the Amendment of the Regulation
Amending the Regulation on Distance Contracts
(“Regulation”) published in the
Official Gazette dated September 14, 2022 and numbered 31953, some
of the effective dates introduced by the Amendment Regulation are
postponed.

With the Regulation, the effective date in Article 18 of the
Amendment Regulation is postponed to 1/1/2024 for the following
provisions:

  1. subparagraph (g) of the first paragraph of Article 5, as
    amended by Article 3, stipulating that the refund expenses shall be
    borne by the consumer upon the exercise of right of
    withdrawal,

  2. Article 9 on the refund regulations upon the consumer’s
    exercise of right of withdrawal,

  3. subparagraph (b) of the seventh paragraph of Article 12/A, as
    supplemented by Article 10, stating that the intermediary service
    provider shall be jointly and severally liable together with the
    seller or the provider for the refund in cases where the right of
    withdrawal is exercised,

  4. Article 11 on the consumer’s liability for the refund
    expenses in case agreed in the preliminary information, and

  5. Article 13 on the new contract types for which the right of
    withdrawal cannot be exercised.

For the other provisions in the Amendment Regulation, the
effective date remains as 1/10/2022.

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.

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