Amendments Made to the Regulation on Distance Contracts

Pursuant to the Regulation Amending the Regulation on Distance Contracts (“Amendment Regulation”), published in the Official Gazette dated May 24, 2025, and numbered 32909, various amendments have been introduced to the Regulation on Distance Contracts (“Regulation”).

The recent amendments primarily relate to the exercise of the right of withdrawal. A summary of these amendments is provided below:

Provisions Requiring Consumers to Bear Return Shipping Costs Upon Withdrawal Have Been Repealed

Under the previous amendment published in the Official Gazette dated August 23, 2022, sellers and service providers were permitted to charge consumers for return shipping costs incurred as a result of exercising the right of withdrawal.

However, pursuant to the latest Amendment Regulation, Articles 5/1-g, 12/4, 12/5, and 13/3 of the Regulation have been revised. As a result, where a consumer exercises their right of withdrawal, any return shipping costs shall now be borne by the seller or service provider—not the consumer. In other words, the Regulation has reverted to the pre-2022 practice.

New Obligation to Inform Consumers About Mandatory Mediation

In consumer disputes, parties are required to initiate mediation proceedings as a pre-condition before filing a lawsuit before consumer courts.

With the recent amendments to Article 5/1-k of the Regulation, this mandatory mediation requirement must now be explicitly included in the pre-contractual information form. In short, consumers must be informed—prior to the formation of a distance sales contract—that they are required to initiate mediation before resorting to legal action before consumer courts.

Contracts for Delivered Cell Phones, Smartwatches, Tablets, and Computers Are No Longer Exempt from the Right of Withdrawal

Previously, under Article 15/1-i of the Regulation, contracts involving the delivery of mobile phones, smartwatches, tablets, and computers to the consumer were exempt from the right of withdrawal. In practice, this meant that consumers could not invoke their right of withdrawal once these products had been delivered.

The Amendment Regulation has repealed this provision. Accordingly, consumers will now be entitled to exercise their right of withdrawal even after the delivery of mobile phones, smartwatches, tablets, and computers.

The amendments introduced by the Regulation are significant for the e-commerce sector. Sellers and service providers are advised to revise their distance contracts and pre-contractual information forms in accordance with the new rules. These amendments will come into force on January 1, 2026, and all necessary adjustments must be completed by that date.