AMENDMENTS TO THE REGULATION ON DISTANCE SALES CONTRACTS AND PROVISIONS REGARDING THE RIGHT OF WITHDRAWAL
The Regulation on Distance Sales Contracts (“Regulation”), which has been in force since 2014 pursuant to Law No. 6502 underwent several amendments after a long interval with the Regulation Amending the Regulation on Distance Sales Contracts (“Amendment Regulation”) published in the Official Gazette dated August 23, 2022 and numbered 31932.
Previously, in our article dated October 2022, we examined the revisions introduced by the Amendment Regulation in detail. While these amendments were expected to enter into force on January 1, 2024, the entry into force date was postponed as the phrases “1/1/2025” in the first and second paragraphs of the Provisional Article 1 of the Regulation on Distance Sales Contracts were amended to “1/1/2026” on 10 August 2024.
However, in the meantime, further amendments were introduced with the Regulation Amending the Regulation on Distance Sales Contracts (“Second Amendment Regulation”) issued by the Ministry of Trade and published in the Official Gazette dated May 24, 2025, and numbered 32909. Accordingly, we have prepared this article to outline the new provisions introduced by the Second Amendment Regulation, which will enter into force as of January 1, 2026.
1- Amendments Regarding the Preliminary Information Obligation
Article 5 of the Regulation stipulates that the consumer must be informed by the seller or provider prior to the conclusion of the distance sales contract or the acceptance of any corresponding offer. However, with the Second Amendment Regulation, the Article 5(g), which included “information regarding the carrier designated by the seller for returns and that the consumer would bear the return cost not exceeding the delivery cost if the return is made via this carrier” has been removed from the article. Instead, in cases where the right of withdrawal applies, providing information on the conditions, duration, and procedure for exercising this right is considered sufficient.
Article 5(k) of the Regulation regulated that consumers could apply to the Consumer Court or the Consumer Arbitration Committee regarding disputes. With the Second Amendment Regulation, it has become mandatory, pursuant to Article 73/A of the Law on the Protection of Consumers, to apply to mediation before filing a lawsuit.Amendments
2-Regarding the Exercise of the Right of Withdrawal
The phrase "without prejudice to the provision of Article 13(3)" in Article 12(4) of the Regulation has been repealed, and Article 12(5) of Regulation has been amended. With the amendment made to Article 12(5), the consumer's obligation to pay return costs when exercising the right of withdrawal has been removed. From now on, no fees will be charged to the consumer for returns in case the carrier specified by the seller in the preliminary information under Article 5(g) of the Regulation. In cases where the seller does not provide information about the carrier, the seller will bear all return costs. Within this framework, the limited protection that previously exempted consumers from return costs, which was applicable only for defective products, has been expanded in favor of consumers with the amendment to Article 13(3) of the Regulation.
3-Amendments Regarding Exceptions to the Right of Withdrawal
The amendment made to Article 15 of the Regulation removed the exception related to certain electronic products that were previously excluded from the right of withdrawal under clause (i). While products such as mobile phones, smartwatches, tablets, and computers were previously exempt from the right of withdrawal, this exception has been eliminated with the new regulation.
CONCLUSION
These amendments provide a significant improvement in consumer rights related to distance sales contracts. The exercise of the right of withdrawal has been facilitated both in terms of scope and application, the obligations regarding return costs have been removed from the consumer, and certain products that were previously excluded from the right of withdrawal have been included within its scope. These regulations will make an important contribution to establishing a fairer, more transparent, and consumer-friendly framework for online shopping processes.