A Regulation Amending the Regulation on Distance Sale Agreements was published in the Official Gazette dated 24 May 2025 and numbered 32909, with the purpose of amending the provisions regarding the return costs of goods when the right of withdrawal is exercised, consumer applications concerning disputes, and the exceptions to the right of withdrawal as regulated under the Regulation on Distance Sale Agreements. The working procedures and principles, regarding distance sale agreement were established by the Regulation on Distance Sale Agreements (“Regulation”), which entered effect after being published in the Official Gazette dated 27 November 2014 and numbered 29188. With the Regulation Amending the Regulation on Distance Sale Agreements (“Amending Regulation”), the provisions stipulating that, in cases where the right of withdrawal is exercised, cost of returning the goods would be borne by the consumer if such information was provided under the preliminary information, have been removed from the Regulation. Accordingly, if the right of withdrawal is exercised, the return costs shall, as a rule, be borne by the seller. The sole exception to this rule is where the consumer returns the goods using a courier company other than the one designated by the seller; in such case, the return costs shall be borne by the consumer. Article 15(1)(i), concerning exceptions to the right of withdrawal and previously excluded “agreements relating to mobile phones, smartwatches, tablets, and computers that have been delivered to the consumer,” has been repealed. Accordingly, the right of withdrawal may be exercised for products such as mobile phones, smartwatches, tablets, and computers. Additionally, Article 5/1(k) of the Regulation has been amended to introduce a requirement for consumers to apply to mediation before filing a lawsuit with the Consumer Courts in relation to their disputes. Amendment Regulation will enter into effect on 1 January 2026. You can access the Regulation via this link and the Amendment Regulation via this link. (Only available in Turkish) |