Türkiye || Consumer Contracts: The Regulation Amending the Regulation on Off-Premises Contracts

Tüketici Hukuku

The Regulation Amending the Regulation on Off-Premises Contracts (“The Regulation”) prepared by the Ministry of Trade (“Ministry”) was published in the Official Gazette dated 23 August 2024 and numbered 32641.

As it is known, the Regulation on Off-Premises Contract was prepared based on Articles 47 and 84 of the Law on the Protection of Consumers dated 7/11/2013 and numbered 6502 (‘The Law’), published in the Official Gazette dated 14/1/2015 and numbered 29236 and has entered into force 3 months after the date of publication in the Official Gazette

Off-Premises Ccontracts also known as ‘Doorstep Sales’, are defined in Article 47 of the Law as follows :

ARTICLE 47- (1) The contracts concluded between the seller or supplier and the consumer;

a) During the simultaneous physical presence of the parties, outside the business premises, regardless of whether the consumer or the seller or supplier made the proposal,

b) At the business premises of the seller or supplier or through a means of telecommunication, immediately after engaging with the consumer outside the business premises in the simultaneous physical presence of the parties,

c) During an excursion organized by the seller or supplier for promoting or selling the good or services to the consumer, shall be called contracts negotiated away from business premises’

The amendments introduced by the Regulation are summarised as follows:

Cases excluded from the scope of application of the Regulation have been expanded.

Subparagraphs (e), (g) and (ğ) of the second paragraph of Article 2 titled ‘Scope’ of the Regulation on Off-Premises Contracts have been amended as follows and the following subparagraphs have been added to the same paragraph:

e) Sales at fairs, fairs, marketplaces and shopping centres,

g) Sales of goods or services not exceeding two hundred and fifty Turkish Liras,

ğ) Cleaning services and installation, maintenance and repair of goods,

i) Services related to betting, lottery, lottery and similar games of chance,

j) Accommodation, transport, car hire, catering, food and beverages and the utilisation of leisure time for entertainment or recreation on a specific date or period,

In these case the provisions of the Regulation shall not apply

The following paragraph has been added to the same article:

“(3)The monetary limit specified in subparagraph (g) of the second paragraph shall be increased each year by the revaluation rate determined and announced in accordance with paragraph (B) of Article 298 of the Tax Procedure Law dated 4/1/1961 and numbered 213 for the previous year, effective from the beginning of the calendar year. No fraction of a Turkish Lira shall be taken into account in the calculation of this increase.’

The scope of sellers’/providers’ pre-contractual information liability has been expanded.

Subparagraph (ç) of the first paragraph of Article 5 titled ‘Pre-contractual information ’ has been amended as follows and the following subparagraphs have been added to the same paragraph.

Before the consumer is bound by the off-promises contracts or any corresponding offer;

ç) In cases where there is a right of withdrawal, the conditions, duration and procedure for exercising this right,

d) The conditions under which the right of withdrawal will be forfeited,

e) In cases where the right of withdrawal cannot be exercised in accordance with Article 14, the consumer shall not benefit from the right of withdrawal,

The consumers must be informed by the seller or provider in writing or by permanent data storage in a clear, simple and readable manner in a clear, simple and readable manner in an understandable language in at least twelve-point size.

The essential elements of the contract has been changed.

Article 7 titled ‘essential content of the contract’ has been amended. With this amendment, it has become essential to include additional contact information in the contract that may enable the consumer to reach the seller/provider more easily. In this context, in addition to the existing issues in the contract;

Telephone number, e-mail address and similar contact information will also be included;
The province/ district where the contract is established will be added;
‘You have the right to withdraw within fourteen days from the date of establishment of this contract or receipt of the goods without any justification and without penal clause. We undertake that we will not ask you to make any payment under any name or provide any document that puts you under debt in return for the goods or services subject to the contract within the withdrawal period and that we undertake to take back the goods within fourteen days at the latest from the date of receipt of the withdrawal notification.’ will be included;
Information will be included that consumers can apply to the consumer arbitration committee or to the consumer court with the condition of applying to the mediator before filing a lawsuit in accordance with Article 73/A of the Law;
The seller or provider will be obliged to ensure that the consumer signs the contract and that the date of the contract and the statements in the following subparagraphs are written in the consumer's own handwriting:

For contracts where the right of withdrawal can be exercised, ‘I have been informed that I have the right of withdrawal within fourteen days and that I cannot exercise this right verbally. I received a copy of the contract and the sample withdrawal form by hand.’.
In cases where the right of withdrawal cannot be exercised in accordance with Article 14, ‘I am aware that I cannot exercise my right of withdrawal in this contract.’.
In cases where the right of withdrawal will be lost ‘I am aware that I will lose my right of withdrawal if the packaging or protective elements of the goods subject to this contract are opened.’.

The scope of the consumer's right of withdrawal has been expanded.

Subparagraph (ç) of the first paragraph of Article 14 titled ‘Exceptions to the right of withdrawal’ has been amended as follows and subparagraph (d) has been repealed.

ç) Contracts regarding digital content and computer consumables presented in material media if the packaging is opened after the delivery of the goods.

~~d) Contracts for services that are started to be performed with the consent of the consumer before the expiry of the right of withdrawal period.~~

The article regarding the obligation of the seller / provider to keep the information and documents regarding each transaction regarding the contract issued within this scope and the obligations regarding the right of withdrawal, information, delivery and other issues has been repealed.

Article 18 titled ‘Retention of information’ has been repealed. The relevant repealed regulation is as follows:

The seller or supplier is obliged to keep the information and documents related to each transaction regarding the contract regulated under this Regulation and its obligations regarding the right of withdrawal, information, delivery and other issues for three years.

In this context, the following amendment to paragraph 9 of Article 25 titled ‘Basic principles regarding direct sales’ should not be ignored:

In sales made by sellers directly, direct selling companies are responsible for keeping the information and documents related to each transaction regarding the contract and the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years

Significant changes have been made in the application conditions, evaluation of the application, validity period and cancellation of the authorisation certificate.

With the amendments made on the authorisation certificate regulated between Articles 19 and 23 of the Fifth Section, the conditions for application for the authorisation certificate have been aggravated, an additional period has been defined to prevent sales without an authorisation certificate during the renewal process of the authorisation certificate, and the process of cancellation of the authorisation certificate in case of detection of practices contrary to the Regulation has been facilitated.

Effectiveness of the Regulation and Transitional Provisions

According to the provisional article 2 titled ‘Transitional Provision’ added by the Regulation; off-premises sales authorisation certificates whose validity period continues after 1/4/2025 must be renewed until this date.
The Regulation will enter into force as of 1/1/2025.

You can access the full text of the Regulation (in Turkish) here.