New Distance Contracts Regulation in Turkey

agreementNew Distance Contracts Regulation (DCR) issued on 27.11.2014 according to the new Consumer Protection Law No 6502 and only based on the new rules of the Directive on Consumer Rights (2011/83/EC) will enter into effect on 27.02.2015 repealing the current regulation dated 06.03.2011 and numbered 27866.

What the new distance contracts regulation will change?
  1. Consumer approval process: The list of the preliminary information to be provided to the consumers before the conclusion of a sale transaction is longer in the DCR compared to the previous regulation. But the seller no longer has to have that list be signed in hard copy by the consumer for the contract to be valid. The list will need to be sent in writing or via a durable medium but the confirmation of the consumer (needed for validity of the agreement before) will now be obtained over the communication tool used for the sale of the products or services via distance contract.
  2. Cost reduction for the OBTM sellers: For OBTM (Outbound Telemarketing) sales, though previously the whole list of preliminary information had to be communicated during the call and approved in writing by the consumer for the contract to be valid, now only 4 items among the preliminary information has to be confirmed by the consumer over the phone. But later the long list of preliminary information should be delivered to the consumer at delivery of the product or service. Thus, the OBTM sellers will avoid a huge cost of getting the written approval of the consumer for the contracts actually made over the phone to be legally valid.
  3. Emphasize on the obligation to pay: Before the consumer confirms the order, the seller must clearly indicate that placing the order and making a deal means entering into obligation to pay. Otherwise the consumer will not be bound with the order.
  4. Consent of the consumer to any extra payment: No more pre-ticked boxes are allowed on websites which the consumer is required to reject in order to avoid any additional payment and if so exists, the consumer will be entitled to reimbursement of such payment.
  5. Withdrawal process & period changes:
  • The withdrawal period is extended from 7 to 14 days.
  • The withdrawal period shall not start until the consumer is properly informed of his withdrawal right (vs. any one of the preliminary information).
  • The withdrawal period shall expire after 1 year (vs. 3 months), in case of omission of the seller to inform the consumer of his right.
  • The withdrawal forms had been unified (if chosen to be used by the seller) and can be submitted to the seller electronically by the consumer.

5. Consumer’s right to send back: the product: The consumers may send back the goods or hand them over to the seller or to a person authorized by the seller to receive the goods without undue delay and in any event not later than 10 days from the day on which they have communicated their decision.

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