What Are The Provisions That Have Been Postdated In The Distance Contracts Regulation? 15 September 2022
The "REGULATION ON AMENDING THE REGULATION ON THE REGULATION ON DISTANCE CONTRACTS" (Hereinafter referred to as "Regulation") was published in the Official Gazette dated 14 September 2022, and in accordance with this Regulation, the effective dates of some regulations made on August 23, 2022 have been amended.
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The "REGULATION ON AMENDING THE REGULATION ON THE REGULATION ON DISTANCE CONTRACTS" (Hereinafter referred to as "Regulation") was published in the Official Gazette dated 14 September 2022, and in accordance with this Regulation, the effective dates of some regulations made on August 23, 2022 have been amended. |
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The regulation consists of 3 articles and the 1st article solely contains the amendment clause, the other articles include the effective date and enforcement issues. |
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With the fundamental changes made in the Regulation on 23 August 2022, crucial alterations were also included in the obligations of the seller and the supplier, and with the amendments, the intermediary service provider was conjointly liable for the refund of payments in certain matters, along with the service provider. No additional regulation was brought to the previous amendments by the cited Regulation, however an enhancement was made on the effective dates of the different articles. |
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Whilst the Regulation is examined, it is perceived that the effective date of the regulation on the requirement to inform the consumer about the conditions, duration, procedure and return process of the right of withdrawal in the clause "g" of paragraph 1 of Article 5, titled "Preliminary Information",in the "Distance Contracts Regulation"s Subparagraph (g) of the 1st Paragraph of the 5th Article titled "Preliminary Information" was changed to 1.1.2024, while it was 3 months after the publication. |
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Likewise, the effective date of the regulation regarding the intermediary service provider in 12th Article titled "Liabilities of the Seller or Provider" was changed to 1.1.2024, while it was 3 months after the publication. |
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The effective date of the Subparagraph (b) of the 7th Paragraph of the Article 12/A titled "Liabilities of the Intermediary Service Provider" which is one of the newly added articles to the Regulation was changed to 1.1.2024, while it was 3 months after the publication. With the additional article, it is regulated that intermediary service providers have to establish a convenient system in order for consumers to make their demands and notifications correctly. |
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The effective date of the regulation, which increased the obligation to send back to 14 days regarding the right of withdrawal in Article 13, titled "Consumer's Obligations" was changed to 1.1.2024, while it was 3 months after the publication. |
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The effective date of the regulation regarding the burdening of the return cost to the consumer in the 3rd Paragraph of the 13th Article titled "Consumer's Obligations" which is one of the fundamental changes in the Consumer Legislation was changed to 1.1.2024, while it was 3 months after the publication. |
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Finally, it is seen that the regulation regarding the exceptions to the right of withdrawal in the "ı, i, j, k" clauses of the 1st paragraph of the 15th article titled "Exceptions to the Right of Withdrawal" was changed to 1.1.2024, while the effective date was 3 months after the publication. |
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The effective dates of the provisions of the Regulation, other than these articles, were 3 months after the publication, and it was decreed as 1.10.2022. |
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