Shopping on the internet has become an inevitable part of life. Almost all of us have been shopping online. When we come to the order stage on electronic commerce platforms, a button such as accepting the user agreement and distance sales agreement appears, we click it without even reading the content, we go to the payment step and complete our order. What are the distance contracts that most of us do not even read, what rights they give, what obligations they bring...

In 2013, the Law No. 6502 on the Protection of Consumers was published. With the amendment made in Article 48 of this Law, provisions regarding distance contracts have been added. In 2014, the Regulation on Distance Contracts was published, showing the practice and principles of these provisions. Of course, since then, the weight and importance of distance contracts increased with the dynamic internet life, fast and accessible shopping opportunities brought by electronic commerce, the abundance of vendors and product diversity and the needs of consumers. For this reason, it was necessary to make necessary changes in the Regulation.

Recently, the Regulation Amending the Regulation on Distance Contracts entered into force in the Official Gazette in order to meet new needs, bring additional protections for consumers and compliance with European Union directives.

Distance Contracts are contracts that do not allow the consumer to negotiate and revise or interfere with the content of the contract.

Contracts established via the Internet are standard contracts that do not allow negotiation and revision to the consumer and contain general transaction conditions prepared by the provider. Therefore, the consumer cannot interfere with the content of the contract. In distance contracts, the risk of deception of the consumer is higher than in classical contract methods. That is to say; the customer usually buys a product that she/he sees only in the digital environment but does not see the real thing with his/her own eyes, by sending the price in advance. In case of sending a defective product other than the one purchased by the customer, it is possible that there will be difficulties in returning the product and getting the price back. For this reason, consumer protection provisions such as information, right of withdrawal etc. have been introduced within the scope of distance contracts. It is a matter of separate debate that whether these provisions are efficient or not.

What The Latest Change Provides?

With the latest amendments to the Regulation on Distance Contracts, it is seen that there are significant changes such as expanding the scope of seller or supplier responsibilities, regulations on consumer obligations, and on the other hand, there are important changes on the issues such as the right of withdrawal and reimbursement to consumers.

  • Regulations Regarding Preliminary Information

The term of Intermediary Service Provider is defined as "the natural or legal person who mediates the establishment of a distance contract on behalf of the seller or provider by using or making available remote communication tools with the system that has been created. The term of "Platform" defined as "the system created by the intermediary service provider to mediate the establishment of distance contracts, excluding the common public electronic platform where public services are offered from a single point" in the new Regulation.

Herein after,

  • Within the scope of "preliminary information", in addition to the seller or provider, the name or title of the Intermediary Service Provider, MERSIS number or tax identification number, contact information and solutions for complaints should be notified to the consumer.
  • On the other hand, the consumer should be notified about these issues: the delivery, the period of performance, the return cost which cannot exceed the delivery cost and which party will cover it and If it is returned with a different carrier than the prescribed one, the return cost belongs to the consumer.
  • The consumer is to be informed about the payment, delivery or performance period compatible with the promised time in commercial advertisements and promotions, commitments regarding delivery and performance and the resolution methods for complaints and other information regarding delivery and performance.
  • With the amended Regulation, the burden of proof that preliminary notification has been made is placed on the Intermediary Service Provider just as seller or provider.
  • When the distance contract is established through the Platform, the Intermediary Service Provider is jointly and severally responsible for the preliminary information together with the Seller and the Provider.
  • Obligations of the Intermediary Service Provider

The Regulation includes detailed regulations regarding the obligations of Intermediary Service Providers. The intermediary service provider is obliged to establish a system suitable for the consumers to transmit and follow up their requests and notifications regarding the following issues during the usage period of the rights and obligations arising from the distance contracts established through the platform, and to keep the system on without interruption.

  • Notification that the right of withdrawal has been exercised,
  • Notice of termination of the contract,
  • Refund request,
  • Request for records of transactions made by consumers with the seller or supplier,
  • Claims and complaints regarding delivery or performance.
  • Right of Withdrawal Extended to 14 Days

In case the consumer exercises her/his right of withdrawal, the seller or the Intermediary Service Provider must return it within 14 days. The Seller or the Intermediary Service Provider is obliged to return all the collected price, including the delivery costs of the products to the consumer, if any. In Regulation, it is determined that when the 14-day period will start so, the 14-day period starts:

  • from the date the products subject to the right of withdrawal are delivered to the carrier specified in the preliminary notification for return
  • from the date on which the notification regarding the use of the right of withdrawal is received in case the right of withdrawal is exercised before the delivery of the products, the seller or the intermediary service provider
  • from the date on which the notification regarding the use of the right of withdrawal in contracts related to the performance of service is received.

Refunds made within the scope of the right of withdrawal must be made at once, in accordance with the payment instrument used by the consumer, and without incurring any expense or obligation to the consumer. Moreover, the Intermediary Service Provider has become jointly and severally liable with the seller or the provider for the fulfillment of this obligation.

In case the payment in the shopping is made by credit card, card issuing organizations within the scope of the Bank Cards and Credit Cards Law dated 23 February 2006 and numbered 5464; The Seller is obliged to add the amount transferred by the Provider or the Intermediary Service Provider to the available limit of the cardholder at once upon receipt.

The consumer is obliged to cover the return cost if the preliminary notification is agreed, and the amount is included in the return with the cargo company determined by the seller and does not exceed the delivery price. However, if the products delivered to the consumer are defective within the scope of Article 8 of the Law on the Protection of the Consumer, the consumer is not responsible for the costs of returning.

There Are Contracts Which the Right Of Withdrawal Cannot Be Exercised...

The scope of the contracts that cannot be exercise withdrawal right by Regulation is as follows:

  • Contracts regarding movables and unmanned aerial vehicles whose registration is compulsory according to the Highway Traffic Law No. 2918 dated 13/10/1983
  • Contracts for mobile phones, smart watches, tablets and computers delivered to the consumer,
  • Contracts concluded through live auction
  • Contracts regarding the products that installment or assembly done by seller or authorized service which is specified in manual
  • Impossibility of Performance the Services or Products Subject to the Order

In cases where the performance of the products or services subject to the order becomes impossible, seller, supplier and in the case that the intermediary service provider collect the price on behalf of the seller or supplier; the intermediary service provider are obliged to notify the consumer within three days from the date of learning and it is obligatory to return all collected payments, including delivery costs, within fourteen days at the latest from the date of notification.

Effective Date

The provision, which includes the obligation of the consumer to cover the cost of returning the product for which the right of withdrawal is used, will enter into force on January 1, 2024 instead of October 1, 2022.

With the Regulation Amending the Regulation on Distance Contracts, there has been an addition to the 15th article of the relevant regulation named "exemptions for the right of withdrawal", the effective date of the provision that the right of withdrawal cannot be exercised in contracts regarding unmanned aerial vehicles (drones), mobile phones, smart watches, tablets and computers, contracts concluded by the live auction and contracts regarding the products that installment or assembly done by seller or authorized service, is postpone to January 1, 2024

Articles 9 and 10 of the Regulation which regarding The Seller and the E-commerce sites that defines as intermediary service provider are liable jointly and severally with the refunding the product's price and delivery cost to consumer when the right of withdrawal exercise, will be effective as of January 1st, 2024 instead of January 1st, 2023.

Pursuant to the amendment made in Article 5 of the Regulation on Distance Contracts, the regulation on informing the consumer about the exercise of the right of withdrawal will also be effective as of January 1, 2024 instead of October 1, 2022.

With the Regulation on the Amendment of the Regulation on Distance Contracts, the provision regarding that refunding product's cost or service fee to the consumer who was exercised the right of withdrawal in 14 days, will be effective as of January 1, 2024 instead of October 1,2024.

Except for the postponed effective dates mentioned above, other provisions of the Amendment Regulation come into force on October 1, 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.