AMENDMENT ON THE USE OF THE RIGHT OF WITHDRAWAL IN DISTANCE CONTRACTS

Abstract

Distance contracts is regulated Law No. 6502 on the Protection of the Consumer, m. 48 and in the Regulation on Distance Contracts. A distance contract is a contract between the consumer and the seller or the provider, without coming together, through a system suitable for remote sales. With the increase of internet shopping and the effect of the pandemic, distance contracts are established quite often today. It is very possible for the consumer to make a mistake because of buying products and goods from a seller or supplier that he has not seen, inspected. Therefore the consumer has been given the right to withdraw from the contract, in order to

protect the rights of consumer and not be obliged to abide by the contract he has made. The right of withdrawal is a right that gives the consumer the right to withdraw from the contract with a unilateral declaration of intent. In this way, if the consumer is the subject of the contract, from the delivery of the goods; service, on the other hand, can withdraw from the contract by using the right of withdrawal within 14 days from the performance of the service. Information regarding the right of withdrawal must be given to the consumer before the contract. With the Regulation on the Amendment of the Regulation on Distance Contracts dated 23.08.2022 and numbered 31932, the intermediary service provider, as well as the seller and the supplier, is jointly responsible for the notification regarding the existence of the right of withdrawal. In addition, the intermediary service provider is obliged to notify the seller and the provider of the withdrawal notification received. In addition, the exceptions to the exercise of the right of withdrawal have been expanded. According to the new regulation, “contracts regarding movables that are required to be registered and unmanned aerial vehicles that have to be registered or registered; contracts for mobile phones, smart watches, tablets and computers; the right of withdrawal cannot be exercised in contracts concluded by auction in the form of live auctions, and in the contracts regarding the installation or assembly of the goods specified in the promotion and user manual by the seller or the authorized service to be installed or assembled. In terms of mobile phones, smart watches, tablets and computers, which are the most frequently traded products, the right of withdrawal can only be exercised if they are defective. In case of existence of one of these exceptional situations, the consumer will not be able to use his right of withdrawal. In the text of the law, if the parties agree, the right of withdrawal can be exercised even if one of these exceptional situations exists. Because the principle of interpretation in favor of the consumer is dominant in consumer law. While the right of withdrawal cannot be exercised by law, granting the consumer such a right by the seller or supplier will be valid as it will be in favor of the consumer.