New Regulation on Distance Contracts

By: Att. Ecem Cetinyilmaz; Erdem & Erdem (Turkey - TAGLaw)

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 parties 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 concerning consumers and distance suppliers including e-commerce companies, 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 further liabilities upon distance suppliers.

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