4 June 2025

The Regulation Amending the Regulation on Distance Contracts (in Turkish, “Mesafeli Sözleşmeler Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik, the “Amending Regulation”), published in the Official Gazette numbered 32909 and dated 24 May 2025, introduced significant amendments to the legal regime governing distance contracts in Türkiye. These amendments are grounded in Article 48 of the Consumer Protection Law No. 6502 (the “Consumer Law”) and will come into force on 1 January 2026.

The Amending Regulation imposes new obligations on sellers, enhances consumer rights, and aims to align the framework with the evolving dynamics of e-commerce and remote transactions.

Scope and Legal Definition of Distance Contracts

Under Turkish law, a distance contract refers to any agreement concluded between a consumer and a seller or service provider as part of a system organized for the remote marketing of goods or services, where the parties do not physically meet during the contract formation process, and where one or more distance communication tools are used exclusively until the conclusion of the contract.

This definition, primarily included in Article 48 of the Consumer Law, is further elaborated in the Regulation on Distance Contracts (in Turkish, “Mesafeli Sözleşmeler

Yönetmeliği, the “Regulation”), which outlines procedural and substantive protections afforded to consumers. The key elements of a distance contract include:

• The contract must be established within a system structured for remote sales, such as online platforms, mobile applications, or telemarketing systems.
• All interactions — from advertisement to offer, acceptance, and payment — must take place without the simultaneous physical presence of the parties.
• Distance communication tools must be used exclusively until and including the moment of contract formation (e.g., via telephone, email, website interface, SMS).
• The buyer must act in the capacity of a consumer, meaning an individual acting outside their trade or professional activity.
• The delivery of the product or performance of the service may occur either immediately or at a later period.

For example, if a seller communicates with a consumer by phone, then confirms product availability, and then receives payment via bank transfer, and subsequently ships the product, this constitutes a distance contract and falls within the protective provisions foreseen under the Regulation.

Key Changes Introduced by the Amending Regulation

1. Enhanced Pre-Contractual Information Obligations (in Turkish, “ön bilgilendirme yükümlülükleri artırıldı”) (Article 1 of the Amending Regulation)

Sellers are now subject to expanded pre-contractual disclosure duties. They must inform consumers in a clear and accessible manner about the following:

Right of Withdrawal (in Turkish, “Cayma Hakkı”): The consumer must be explicitly informed about their right to withdraw from the contract, including the conditions, time limits, procedures, and the designated return carrier to be used.

Dispute Resolution Mechanisms: Consumers must be informed that disputes may be resolved through the consumer arbitration committee, or where applicable, by initiating mediation under Article 73/A of Law No. 6502 before applying to consumer courts.

These obligations serve to strengthen transparency and ensure that consumers may make informed decisions before entering into a binding agreement.

2. Return Procedures Have Been Enhanced (in Turkish, “geri ödeme usulü netleştirildi”) (Article 2 of the Amending Regulation)

Previously, under Article 13/3 of the Regulation, consumers were liable for return costs as long as this was clearly stated in the preliminary information and provided that the amount did not exceed the delivery cost and the return was made via the designated carrier. The only exception was in cases where the product was defective. However, this provision has now been repealed as of 1 January 2026, in line with the new approach that consumers shall not be held responsible for return costs when exercising their right of withdrawal. The Amending Regulation introduces stricter rules on return logistics, aiming to eliminate cost-based or logistical barriers that may deter consumers from exercising their withdrawal rights:

• No Return Shipping Costs if Carrier is Designated: If the consumer uses the return carrier specified by the seller, the seller cannot charge any return shipping fees.
• No Charges if No Carrier is Specified: If the seller fails to designate a return carrier, the consumer cannot be held liable for any return shipping costs under any circumstance.
• Mandatory Collection Obligation: If the specified return carrier has no branch in the consumer’s region, the seller must arrange to collect the goods from the consumer’s address, again at no cost to the consumer.
• Platform Liability: If the transaction is conducted via an online platform (e.g., marketplace websites), and the platform provider fails to ensure return logistics (such as not specifying a return carrier or choosing one without local coverage), the platform provider becomes jointly liable for the resulting return costs.

3. Narrowing of Exceptions to the Right of Withdrawal (“bazı ürünlerde cayma hakkı geri getirildi”) (Article 4 of the Amending Regulation)

Pursuant to subparagraph (i) of Article 15 of the Regulation, which previously excluded mobile phones, smartwatches, tablets, and computers from the consumer’s right of withdrawal after delivery, has been repealed. As of 1 January 2026, consumers will be able to exercise their right of withdrawal for these products, provided that the general legal conditions are met.

These amendments impose critical compliance obligations on sellers, service providers, and digital platform operators engaged in distance sales. Businesses must review and revise their contractual workflows, consumer communication materials, and return logistics infrastructure to ensure compliance with the Amending Regulation.

Failure to align practices with the new rules may lead to administrative sanctions, consumer litigation, and potential liability for return-related costs.

In particular, businesses operating on e-commerce platforms should closely monitor whether the pre-contractual disclosures and return mechanisms are properly implemented and accessible to consumers.

The Amending Regulation will enter into force on 1 January 2026, allowing businesses a transitional period to update their return procedures, terms and conditions, and revise pre-contractual protocols and thereby ensuring compliance with new regulations.

Our Law Firm remains at your disposal for any further clarifications you may need.

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