The Regulation Amending the Regulation on Distance Contracts (“Amendment Regulation”) was published in the Official Gazette dated 24 May 2025 and numbered 32909. With this Amendment Regulation, significant changes have been introduced to the Regulation on Distance Contracts (“Regulation”) regarding the obligations of sellers/providers and intermediary service providers, as well as consumer rights. These changes will enter into force on 1 January 2026. The key highlights of the amendments are summarized below:

Amendment Regarding Pre-Contractual Information Obligations:

With the amendment to Article 5 of the Regulation, where the right of withdrawal applies, the pre-contractual information to be provided by the seller or provider must now include “the conditions, duration, procedure for exercising the right of withdrawal, and information regarding the carrier designated by the seller for product returns.”

In addition, the obligation to inform consumers of the available dispute resolution mechanisms has been clarified. Accordingly, consumers must be explicitly informed that they may submit their complaints to consumer arbitration committees or apply to consumer courts provided that they first initiate mediation proceedings in accordance with Article 73/A of the Law on the Protection of Consumers No. 6502.

Amendments Regarding the Exercise of the Right of Withdrawal and Return Costs:

Pursuant to the amendment to Article 12 of the Regulation, the allocation of return costs arising from the exercise of the right of withdrawal has been redefined. Under the new regulation, if the consumer returns the goods using the carrier specified by the seller in the pre-contractual information, the consumer shall not bear any return-related costs. Where the seller does not specify a carrier, no return costs may be charged to the consumer under any circumstances.

If the designated carrier does not have a branch in the consumer’s location, the seller is obligated to collect the goods from the consumer without imposing any additional charges. In distance contracts concluded through online platforms, if the failure to provide carrier information or the lack of a carrier branch in the consumer’s area stems from the intermediary service provider, the return costs and associated obligations shall be borne by the intermediary service provider.

Annulment of the Provision on Deducting Return Costs and Consumer Responsibility:

Article 13(3) of the Regulation has been repealed. Under the repealed provision, the consumer was required to cover return costs—provided this was expressly stated in the pre-contractual information and the designated carrier was used—so long as such costs did not exceed the initial delivery charges. Additionally, where the delivered goods were defective within the meaning of Article 8 of the Consumer Protection Law, the consumer could not be held responsible for return costs, and such costs could be offset against the refundable amount if the consumer so requested.

The repeal of this provision eliminates the legal basis for imposing return costs on consumers in certain circumstances and reinforces the principle that consumers shall not bear return-related expenses when exercising their right of withdrawal. This change aligns with the amendments made to Article 12 of the Regulation.

Amendments to the Exceptions to the Right of Withdrawal:

Article 15 of the Regulation has been amended to repeal the provision that previously excluded the right of withdrawal for certain technological products—such as mobile phones, smartwatches, tablets, and computers—once delivered to the consumer, unless otherwise agreed by the parties. With the removal of this provision, consumers will now be entitled to exercise their right of withdrawal within 14 days of delivery for such products, without the need to provide any justification.

Conclusion:

These amendments impose significant compliance obligations on sellers and providers offering goods or services via e-commerce, as well as on intermediary service providers. In this context, it is important to review and update pre-contractual information texts in line with the new obligations, to restructure return processes in accordance with the revised withdrawal rules, and to carefully assess and limit any cost burdens that may be imposed on consumers. Considering that the amendments will enter into force on 1 January 2026, companies are advised to review their contractual infrastructure and operational practices to ensure compliance by that date.

Best regards,

DT Law