On January 14, 2015, Turkey issued its Regulation on Agreements
Concluded outside the Workplace, amending the rules governing
door-to-door and other direct sales. The regulation is in line with
the new Consumer Protection Law, which entered into force on May
28, 2014, and will replace, effective April 14, the Regulation on
Application Procedures and Principles of Doorstep Selling.
What the new rules say
Agreements concluded outside the workplace
"Agreements concluded outside the workplace" are
agreements between a consumer and a seller or service provider
outside a regular place of business with the simultaneous
physical presence of both parties, or
at a regular place of business or through a distant
communication device, e.g., online, immediately following a meeting
with the consumer outside the place of business, or
during a trip for promotion of a product or service to the
Under the Regulation:
agreements concluded outside the regular place of business must
be in writing in at least 12-point type in a legible form;
the seller or service provider must adequately inform the
consumer of the terms and conditions;
the consumer is entitled to cancel within 14 days from delivery
of the product;
the consumer is not liable for normal wear and tear during the
cancellation period; and
the seller or service provider must retain all data relating to
the purchase in its records for three years.
Direct selling is the sale of products directly to consumers
away from a permanent retail location. Direct selling is carried
out by persons (direct sellers) who act as sales representatives of
a direct selling company at the home or workplace of the
Under the Regulation:
direct sellers must be at least 18 years old;
direct sellers must have the right to withdraw from the direct
sales system at will without penalty;
"get rich quick" schemes and making unrealistic
promises to direct sellers are prohibited; and
direct sales companies are severally liable with their direct
sellers for the direct sellers' sales activity.
Sellers and service providers intending to enter into sales
agreements outside a regular place of business or engage in direct
sales must obtain a license valid for two years from the
appropriate provincial trade directorate of the Ministry of Customs
Actions to consider
Companies providing goods or services to consumers through
agreements concluded outside a regular place of business or
engaging in direct sales should take the necessary steps to bring
their activities into compliance with the regulation by April 14,
Baker & McKenzie
At Baker & McKenzie, we provide sophisticated advice on
consumer law matters. In addition to advisory services, we
represent our clients before consumer arbitral tribunals and
consumer courts, and provide tailor-made consumer law trainings.
Please contact us if you would like more information on how to
comply with these requirements.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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