Regulation Amending the Regulation on Distance Contracts Published

A. Obligation of Preliminary Information by the Seller or Provider Regarding the Use of the Right of Withdrawal:

The Amendment Regulation modifies subparagraphs (g) and (k) of Article 5 of the Regulation. Accordingly, when fulfilling the obligation of preliminary information, the seller or provider must include information on “the conditions, duration, and procedure for exercising the right of withdrawal, as well as information about the carrier designated by the seller for returns”. Additionally, the previous provision in the Regulation stating that the preliminary information must include “the cost of return not exceeding the delivery cost in the case of return through the designated carrier, who will bear this cost, and the consumer's obligation to bear the cost if the return is made via a different carrier” has been removed. This change aligns with the new regulation that exempts consumers from bearing any return costs once the right of withdrawal is exercised. Moreover, the Regulation now mandates that consumers must be informed that “in the event of a dispute, they may apply to the consumer arbitration committee or, subject to the condition of applying to a mediator prior to litigation as per Article 73/A of the Law, to the consumer court.” This aims to ensure consumers are adequately informed about mediation as a mandatory step before initiating legal proceedings.

B. Removal of Consumer Liability for Return Costs Following Withdrawal from Distance Sales Contracts:

According to Article 2 of the Amendment Regulation, the phrase “without prejudice to the third paragraph of Article 13” in Article 12(4) of the Regulation has been repealed, and Article 12(5) has been amended. With this amendment, it is now stipulated that if the consumer returns the goods via the carrier designated by the seller under Article 5(1)(g), the consumer cannot be held responsible for the return costs. Furthermore, if no carrier is specified in the preliminary information, the seller cannot charge the consumer for any return-related expenses.

Previously, under Article 13(3), consumers were liable for return costs — provided this was clearly stated in the preliminary information — as long as 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 However, this provision has now been repealed as of January 1, 2026, in line with the new approach that consumers shall not be held responsible for return costs when exercising their right of withdrawal.

C. Narrowing the Exceptions to the Right of Withdrawal in Distance Sales Contracts:

Article 15 of the Regulation lists specific contract types where the right of withdrawal does not apply, unless otherwise agreed by the parties. Under subparagraph (i), consumers were previously not entitled to exercise their right of withdrawal in contracts concerning the delivery of mobile phones, smartwatches, tablets, and computers. The Amendment Regulation repeals subparagraph (i) of this article. Consequently, starting from January 1, 2026, consumers will be entitled to exercise their right of withdrawal in contracts involving the delivery of mobile phones, smartwatches, tablets, and computers, provided they meet the conditions set out in the Law.

You can access the full text of the Amendment Regulation here


Aslı Kınsız, Managing Associate
Furkan Karabulut, Trainee Lawyer