There was some bad news for consumers with the new regulation published in the Official Gazette in the past weeks. Consumers were obliged to meet the return cargo with the “Regulation on Amending the Regulation on Distance Contracts”. But that wasn’t the only change.
The regulation also prevented you from using the right of withdrawal when you buy technological products such as mobile phones, smart watches, tablets, computers and drones. While the new regulations are planned to come into effect as of October 1, 2022, it has been announced that this date has been postponed today.
The effective date of the right of withdrawal clause has been postponed to January 1, 2024!
The effective date of the article on the right of withdrawal was updated as January 1, 2024, with the “Regulation on Amending the Regulation on Amending the Regulation on Distance Contracts” published in the Official Gazette.
So which article will come into effect on what date? Here are the items postponed to January 1, 2024:
Subparagraph (g) of the first paragraph of Article 5 of the Regulation on Distance Contracts, amended by the Regulation
ARTICLE 5 – (1) The consumer must be informed by the seller or supplier, including all of the following issues, before the establishment of the distance contract or accepting any corresponding offer.
g) In cases where there is a right of withdrawal, the terms of use of this right, the period, the procedure, the information regarding the carrier that the seller has envisaged for the return, and the return cost amount not to exceed the delivery cost in case the goods are returned with this carrier and which party will be covered, and the return cost in case of return with a carrier other than the stipulated one. information on what the consumer will pay,
Article 9 of the regulation
(1) The seller is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date of delivery of the goods subject to the right of withdrawal to the carrier specified in the preliminary notification for return. However, if the consumer returns the goods with a carrier other than the one stipulated for the return, the obligation in question begins from the date the goods reach the seller. The intermediary service provider is jointly and severally responsible with the seller for returning the payments specified in this paragraph to the consumer, except for the case where the price is transferred to the seller after the delivery, in the distance contracts established through the platform and where the collection of the price is mediated.
(2) In case the right of withdrawal is exercised before the delivery of the goods, the intermediary service provider in the distance contracts concluded with the seller through the platform and where the collection of the price is mediated, within fourteen days from the date of receipt of the notification regarding the use of the right of withdrawal, including the delivery costs of the goods to the consumer, if any. obliged to refund all payments made.
(3) In case the right of withdrawal is exercised in contracts regarding service performance, the intermediary service provider is obliged to return all payments collected within fourteen days from the date on which the notification regarding the use of the right of withdrawal is received, in the distance contracts established through the platform and where the collection of the price is mediated.
(4) The seller or the supplier is obliged to make all the repayments specified in the first, second and third paragraphs at once, in accordance with the payment instrument used by the consumer when purchasing, without incurring any cost or obligation to the consumer, without prejudice to the provision of the third paragraph of Article 13. In case of collections on behalf of the seller or provider in the distance contracts established through the platform, the intermediary service provider is jointly and severally responsible for the fulfillment of this obligation, except for the cases where the price is transferred to the seller or the provider after the delivery or performance of the goods or services to the consumer. In case the payment is made by credit card, card issuing institutions within the scope of the Bank Cards and Credit Cards Law dated 23/2/2006 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 card holder at once, following its receipt.
(5) In the exercise of the right of withdrawal, the information regarding the carrier that the seller has envisaged for the return, the return cost amount determined not to exceed the delivery cost in case of the return of the goods with this carrier, and the information on which party will be covered, and the consumer will cover the return cost in case of the return of the goods with a carrier other than the stipulated one. In the event that the preliminary information is not included within the scope of subparagraph (g) of the first paragraph, the said cost shall be borne by the seller or supplier. In the event that the carrier specified in the preliminary notification for the return does not have a branch at the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer without demanding any additional costs. In the distance contracts established through the platform, if this information is not included in the preliminary information within the scope of subparagraph (g) of the first paragraph of Article 5, or if the said carrier does not have a branch in the consumer’s location, the said costs and obligations must be covered by the intermediary service provider.
(6) In the distance contracts established through the platform, the seller or the provider is obliged to promptly deliver the notification that the consumer has exercised his right of withdrawal to the intermediary service provider.
Subparagraph (b) of the seventh paragraph of article 12/A added to the main regulation with the 10th article of the regulation
ARTICLE 12/A- (1) The intermediary service provider is obliged to establish and keep open a system that is convenient for consumers to transmit and follow their requests and notifications regarding the following issues during the usage period of the rights and obligations arising from the distance contracts established on the platform:
b) Notice of termination of the contract.
Adding the phrase ‘four’ to come after the phrase ‘ten’ in the first paragraph of article 13 of the main regulation and article 11 of the regulation (increasing the return period to 14 days) and the following paragraph added to the same article:
(1) Unless the seller or the supplier makes an offer to take the goods back, the consumer is obliged to return the goods to the seller or the supplier or the person authorized by him within fourteen days from the date of the notification regarding the use of the right of withdrawal.
(3) The consumer is obliged to cover the return costs, not exceeding the delivery costs, if it is agreed in the preliminary information and the amount is included in the return with the carrier specified by the seller. However, if the goods delivered to the consumer are defective within the scope of Article 8 of the Law, the consumer cannot be held responsible for the costs related to the return. If the consumer requests, the return cost can be deducted from the cost of the goods or services to be returned to him and the delivery costs.
Removal of the right of withdrawal for products such as smart watches, tablets and computers:
(1) Unless agreed otherwise by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ı) Contracts regarding movables, which are required to be registered in accordance with the Highway Traffic Law No. 2918 and dated 13/10/1983, and unmanned aerial vehicles that are required to be registered or registered.
i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
j) Contracts concluded through auction in the form of live auction.
k) Contracts regarding the installation or assembly of the goods specified in the introduction and user manual by the seller or authorized service.
Except for the regulations listed above, all the regulations mentioned in the new regulation will come into force as of October 1, 2022. To browse the entire regulation, you can access the regulation by clicking this link.
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