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The Regulation Amending The Regulation On Distance Contracts Has Been Published In The Official Gazette – Government Contracts, Procurement & PPP

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The Regulation Amending the Regulation on Distance Contracts
(“Regulation”) has been published in
the Official Gazette dated 23/08/2022 and numbered 31932.

With the Regulation:

  • The term, intermediary service provider was added to the
    Distance Contracts Regulation, and the definitions of intermediary
    service provider and platform were included to the Regulation.

  • A provision has been added to the Regulation on Distance
    Contracts that in case the distance contract is established through
    the platform, the intermediary service provider shall be jointly
    responsible with the seller or the provider for the preliminary
    information, and in cases where the data entry is made by the
    intermediary service provider, the intermediary service provider
    shall be responsible for the deficiencies in the obligatory matters
    and the accuracy of the data.

  • Article 12 of the Regulation on Distance Contracts, titled the
    Obligations of the Seller and the Supplier, has been amended and
    new regulations have been introduced regarding the issues of return
    and joint liability.

  • The time period for the consumer to send the products to the
    seller has been increased to 14 days from the date of the
    notification of withdrawal.

  • The contracts regarding movables, which are required to be
    registered in accordance with the Highway Traffic Law numbered 2918
    and dated 13/10/1983, and unmanned aerial vehicles which are
    required to be registered, contracts for mobile phones, smart
    watches, tablets and computers delivered to the consumer, contracts
    concluded by auction in the form of live auction, contracts
    regarding the installation or assembly of the products, which
    are stated to be installed or assembled by the seller or authorized
    service in the user manual, have been added to the exceptions to
    the right of withdrawal stipulated in the paragraph 1 of Article 15
    of the Regulation on Distance Contracts.

Pursuant to Article 18 of the Regulation, the last sentence of
the paragraph 4 of Article 12, amended by Article 9 of the
Regulation, shall enter into force on 1/1/2023 and the other
provisions shall enter into force on 1/10/2022.

You may reach the full Turkish text of the Regulation via the
link below.

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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