NEWS AND INSIGHT

Amendments To The Legal Oblıgatıons Of Intermedıary Servıce Provıders


24 August 2022

Amendments To The Legal Oblıgatıons Of Intermedıary Servıce Provıders

On 23.08.2022, the Regulation Amending the Regulation on Distance Contracts was published in the Official Gazette. In the amendments, the expansion of the obligations of intermediary service providers stands out.

According to Article 12/A of the Regulation, the intermediary service provider is obliged to establish and keep open, uninterruptedly, a system that enables consumers to submit and follow up their requests and notifications regarding the notification of the exercise of the right of withdrawal, notification of the termination of the contract, request for a refund, request for records of the transactions of consumers with the seller or provider, and requests and complaints regarding delivery or performance during the period of use of the rights and obligations arising from the distance contracts established through the platform.  Pursuant to Article 12/A/3, the intermediary service provider is jointly and severally liable with the seller or provider for the provision and confirmation of the prior information and the proof of the prior information. In cases where the data entry is made by the intermediary service provider, the intermediary service provider is responsible for the deficiencies in the mandatory prior information. The intermediary service provider is responsible for keeping records of the consumer's transactions with the seller or providers for 3 years and for providing them upon request. If the intermediary service provider causes the seller or provider to act in contradiction to the provisions of Article 48 of the Law and the Regulation due to its practices contrary to the intermediary service relationship with the seller or provider, it is liable for the consumer transaction. If the intermediary service provider collects the price on behalf of the seller or provider; If the consumer uses the right of withdrawal before the delivery of the goods/performance of the service, from the date of receipt of the notification that the right of withdrawal has been used, if the consumer uses the right of withdrawal after delivery, if the price has not been transferred to the seller as of the date of receipt of the withdrawal notification, the goods subject to the right of withdrawal, the seller or provider is jointly and severally liable for the return of the goods/price and delivery costs collected within 14 days from the date of delivery to the consumer from the date it is delivered to the carrier foreseen for return or from the date it reaches the seller if it is returned by a carrier other than the one foreseen for return, from the date of receipt of the termination notice in case the consumer exercises the right to terminate the contract, together with the seller or provider. The intermediary service provider is liable in the event that the campaigns, promotions, and discounts it organizes without the approval of the seller or provider are not performed at all or as required. According to the last paragraph of the relevant Article, the intermediary service provider is responsible for the compatibility and proof of the information promised in the advertisements and promotions regarding the goods/services offered and the issues that must be included in the preliminary information.

Link: https://www.resmigazete.gov.tr/eskiler/2022/08/20220823-2.htm