Regulation on the Amendment to the Regulation on Distance Agreements Was Published
Regulation on the Amendment to the Regulation on Distance Agreements (Amending Regulation) was published in the Official Gazette dated 23.08.2022 and numbered 31932.
Some of the important changes made by the Amending Regulation are summarized below:
- Agreements for value-added electronic communication services established through short messages, performed simultaneously and which do not involve subscription are excluded the scope.
- Intermediary service providers are defined as “real and legal persons who mediate the establishment of a distance agreement on behalf of the seller or provider by using or allowing the use of remote communication tools with the system they have created”.
- Platform is defined as “the system created by the intermediary service provider to mediate the establishment of a distance sales agreement, except for the common public electronic platform where one stop public services are offered”.
- In case the distance agreement is established through the platform, the intermediary service provider is held jointly and severally responsible with the seller or provider for the provision of preliminary information. In cases where the data entry is made by the intermediary service provider, the intermediary service provider is responsible for the deficiencies in these matters and the accuracy of the data.
- Various amendments are introduced regarding the right of withdrawal. It is regulated that the notification of the right of withdrawal can be directed to the intermediary service provider as well as the seller and the provider. It is added that intermediary service providers are obliged to establish the necessary system on the platform for consumers to send their withdrawal declaration and to immediately notify the consumer of the confirmation that the withdrawal declarations have been received by them, the seller or the provider.
- In case the right of withdrawal is exercised, intermediary service providers who mediate the collection of the payment are held jointly and severally responsible with the seller for the return of the collected payments to the consumer.
- The aforementioned provisions of the Amending Regulation will enter into force on 01.10.2022.
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