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.