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Right To Rescission From Distance Sales Contracts Is Being Delimited – Dodd-Frank, Consumer Protection Act



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The amendments to the Distance Sales Regulation
(“Regulation”) regulating the
implementation of procedures and principles regarding distance
sales contracts based on the 6502 numbered Consumer Protection Law
(“Law”) were published on the Official
Gazette on 23.08.2022.

One of the amendments to enter into force on 01.10.2022 is
related to the contracts under which the consumers are entitled to
rescission. Article 15 enumerating “Exceptions to the Right
to Rescission” added new contracts to the list, introducing
new contracts and products for which consumers are not able to
exercise their rescission rights. According to this amendment,
consumers are not allowed anymore to rescind the contracts:

  1. regarding movables which are subject to mandatory registration
    according to the Highways Traffic Law and unmanned aerial vehicles
    that are subject to mandatory registration,

  2. regarding cellphones, smart watches, tablets and computers
    which have been delivered to the consumer,

  3. made through a public auction,

  4. goods that are specified in its introductory or instruction
    manuals to be set up or montaged by the seller or the authorized
    service and were set up or montaged accordingly

However, it should be noted that these amendments do not mean
that the consumer does not have a right to withdraw regarding the
goods mentioned in paragraphs ii. and iv. Consumers remain entitled
to their rescission rights with regards to these goods prior to
delivery / montage / setup without facing any sanctions. Article 9
of the Regulation whilst stipulating a 14-day period to exercise
the rescission right starting upon delivery, also sets forth that
this right can be exercised between the date of the contract and
delivery as well. The said amendments, with respect to the
concerned products, delimit only the rescission rights to be
exercised after delivery.

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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