Amendments Introduced in the Regulation on the Distance Contracts (“Regulation”)

Overall, provisional article 1 was added to the Regulation through the Amending Regulation, changing certain provisions’ enactment date from 01.01.2024 to 01.01.2025. Further, it was arranged that versions prior to the amendment in the Regulation dated 23.08.2022 will continue to apply until 01.01.2025.

A comparative table demonstrating current versions of the said provisions, and versions that will come into force as of 01.01.2025 are as follows: (Changes are reflected in bold)

Current TextText Applicable as of 01.01.2025


(1) Pre-Contractual Information: The consumer must be informed by the seller or provider, prior to the establishment of a distance contract or acceptance of any corresponding offer, in a manner that includes all of the following matters: (g) In cases where the right of withdrawal exists, information pertaining to the conditions, duration, procedure for exercising this right, and details about the carrier designated by the seller for the return.
Article 5/1-g
(1) Pre-Contractual Information: The consumer must be informed by the seller or provider, prior to the establishment of a distance contract or acceptance of any corresponding offer, in a manner that includes all of the following matters:
(g) In cases where the right of withdrawal exists, information pertaining to the conditions, duration, procedure for exercising this right, details about the carrier designated by the seller for the return as well as information on the amount of return costs, not exceeding the delivery cost in the event of returning the item with the such carrier for which the seller is responsible for, and clarification on who will bear these return costs, and information regarding the consumer’s responsibility for covering the return costs, in the event of a return with a carrier other than the one designated.

Obligations of the Seller or Provider:

(1) The seller or provider is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the consumer has exercised the right of withdrawal.                                          
(2) The seller or provider is obliged to make all refunds referred to in the first paragraph at once, in accordance with the payment instrument used by the consumer when purchasing and without any cost or obligation to the consumer.

(3) In the exercise of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5, if the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the costs of return. In the event that the seller does not specify any carrier for return in the preliminary information, the consumer cannot be charged for the cost of return. In the event that the carrier specified in the preliminary information for return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods to be returned are collected from the consumer without any additional costs.    
Article 12
Obligations of the Seller or Provider:

(1) The seller is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of delivery of the goods subject to the right of withdrawal to the carrier specified in the preliminary information for return. However, if the consumer returns the goods by a carrier other than the one stipulated for return, the said obligation starts from the date the goods reach the seller. In distance contracts established through the platform and where the collection of the price is mediated, the intermediary service provider is jointly and severally responsible with the seller for the return of the payments specified in this paragraph to the consumer, except in the case where the price is transferred to the seller after delivery.

(2) In the event that the right of withdrawal is exercised before the delivery of the goods, the seller and the intermediary service provider in distance contracts established through the platform and in which the collection of the price is mediated, are obliged to return all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification regarding the exercise of the right of withdrawal.

(3) In the event that the right of withdrawal is exercised in the contracts regarding the performance of services, the intermediary service provider shall be obliged to refund all payments collected within fourteen days from the date of receipt of the notification regarding the exercise of the right of withdrawal.


(4) The seller or provider is obliged to make all reimbursements specified in the first, second and third paragraphs at once, without prejudice to the provision of the third paragraph of Article 13, in accordance with the payment instrument used by the consumer when purchasing and without any expense or obligation to the consumer. In the event that it collects the price on behalf of the seller or provider in distance contracts established through the platform, the intermediary service provider is jointly and severally responsible with the seller or provider for the fulfilment of this obligation, except in cases where the price is transferred to the seller or provider after the delivery or performance of the goods or services to the consumer. In case the payment is made by credit card, the card issuers within the scope of the Bank Cards and Credit Cards Law dated 23/2/2006 and numbered 5464 are obliged to add the amount transferred by the seller, provider or intermediary service provider to the cardholder’s available limit at once after it reaches them.

(5) In the exercise of the right of withdrawal, in the event that the information regarding the carrier foreseen by the seller for the return and the amount of the return cost determined not to exceed the delivery cost in case of return of the goods by this carrier and which party will be covered, and that the consumer will cover the return cost in case of return of the goods by a carrier other than the one foreseen, is not included in the preliminary information within the scope of subparagraph (g) of the first paragraph of Article 5, the said cost shall be borne by the seller or provider. In the event that the carrier specified in the preliminary information for return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer without any additional cost. In distance contracts established through the platform, if this information is not included in the preliminary information within the scope of subparagraph (g) of the first paragraph of Article 5 or if the specified carrier does not have a branch in the location of the consumer, if it is caused by the intermediary service provider, the costs and obligations in question must be met by the intermediary service provider.

(6). In distance contracts established through the platform, the seller or provider is obliged to immediately deliver the notification that the consumer has exercised his right of withdrawal to the intermediary service provider.
(There is no relevant article in the legislation currently in force.)Article 12/A/7/b
Obligations of the Intermediary Service Provider:
(7) Intermediary service provider if it collects the price on behalf of the seller or provider;
(b) In the event that the consumer exercises the right of withdrawal after the delivery of the goods, if the price has not been transferred to the seller as of the date of receipt of the withdrawal notification, from the date of delivery of the goods subject to the right of withdrawal 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, is jointly and severally liable with the seller or provider for the return of the goods or service price and delivery costs to the consumer within fourteen days.
(1) Unless the seller or provider makes an offer that the consumer will take back the goods, the consumer must send the goods back to the seller or provider or the person authorised by the seller or provider within ten days from the date of the notification of the exercise of the right of withdrawal.Article 13/1
(1) Unless the seller or provider makes an offer that the consumer will take back the goods, the consumer must send the goods back to the seller or provider or the person authorised by the seller or provider within fourteen days from the date of the notification of the exercise of the right of withdrawal.
(There is no relevant article in the legislation currently in force.)Article 13/3
(3) The consumer is obliged to cover the cost of the return, not exceeding the delivery costs, if it is agreed in the preliminary information and the amount is included in the return by the carrier provided by the seller. However, if the goods delivered to the consumer are defective within the scope of Article 8 of the Law, the consumer cannot be held responsible for the return costs. If the consumer requests, the return costs may be deducted from the cost of the goods or services to be returned to him and the delivery costs.

(There is no relevant article in the legislation currently in force.)Article 15/1/ı-i-j-k
Exceptions to the right of withdrawal:
(1) Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:
ı) Contracts regarding immovables that are obligatory to be registered according to the Highway Traffic Law dated 13/10/1983 and numbered 2918 and unmanned aerial vehicles that are obligatory to be registered or registered.
i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
j) Contracts concluded through auction in the form of live auction.
k) Contracts relating to the installation or assembly of the goods specified in the introduction and user manual to be installed or assembled by the seller or authorised service.