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New Regulation on Distance Contracts
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Att. Ecem Cetinyilmaz
Introduction
The Regulation on Distance Contracts (“New Regulation”) has
been recently promulgated in the Official Gazette dated 27 November
2014 and numbered 29188 pursuant to the Law on Protection of
Consumers No. 6502 (“Law”). Upon the expiry of the three month
period as foreseen under the New Regulation, it entered into force on
27 February 2015 and abolished the former Regulation regarding
Distance Contracts which was published in the Official Gazette dated
6 March 2011 and numbered 27866 (“Former Regulation”).
A distance contract is defined as “
any contract concerning goods
or services concluded between a supplier and a consumer under an
organized distance sales or service-provision scheme, wherein the par-
ties make use of means of distance communication up to and including
the moment at which the contract is concluded
”.
The New Regulation contains newly introduced provisions con-
cerning consumers and distance suppliers including e-commerce com-
panies, as well as companies that make sales or provide services via
telephone. In line with the nature of consumer protection legislation,
this brings with it further protection for consumers, and imposes fur-
ther liabilities upon distance suppliers.
Major Provisions of the New Regulation
The New Regulation regulates the performance methods and prin-
ciples of distance contracts and focuses on delivery processes, prior
information of consumers, right of withdrawal and the liabilities of the
parties.
CONSUMER LAW
347
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Article of March 2015