Turkey: New Regulation On Distance Contracts


The Regulation on Distance Contracts ("New Regulation") has been recently promulgated in the Official Gazette dated 27 November 2014 and numbered 29188 pursuant to the Law on Protection of Consumers No. 6502 ("Law"). Upon the expiry of the three month period as foreseen under the New Regulation, it entered into force on 27 February 2015 and abolished the former Regulation regarding Distance Contracts which was published in the Official Gazette dated 6 March 2011 and numbered 27866 ("Former Regulation").

A distance contract is defined as "any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme, wherein the parties make use of means of distance communication up to and including the moment at which the contract is concluded".

The New Regulation contains newly introduced provisions concerning consumers and distance suppliers including e-commerce companies, as well as companies that make sales or provide services via telephone. In line with the nature of consumer protection legislation, this brings with it further protection for consumers, and imposes further liabilities upon distance suppliers.

Major Provisions of the New Regulation

The New Regulation regulates the performance methods and principles of distance contracts and focuses on delivery processes, prior information of consumers, right of withdrawal and the liabilities of the parties.

Prior Information

Whereas the obligation to provide pre-contractual information was also regulated under the Former Regulation, the New Regulation widens the scope and detail of the information to be declared to the consumer. Accordingly, the supplier of the goods or services must inform the consumer prior to the conclusion of the distance contract or to the acceptance of the offer by the consumer in accordance with the respective methods applicable to contracts concluded via internet, telephone, etc.

This information includes the basic qualities of the goods or services, identity and communication details of the supplier, total price of the goods or services, including applicable taxes, transportation and delivery costs, information on payment, delivery and performance and commitments of the supplier in relation thereto, resolution methods for possible complaints, conditions and details of the right of withdrawal, if it exists, details of the deposit or other financial securities, if any, technical protection precautions for the digital content, if any, information on the hardware or software that the digital content can work with, if any, and information on the consumer's rights regarding any disputes.

The supplier is required to provide that the consumer confirms having been informed through applicable methods, the failure of which would render the contract null and void ab initio, as if the contract has never been concluded. The supplier is the party who is under the burden of proof for prior information. Unlike the Former Regulation, the New Regulation also provides sanctions for several specific failures: For example, upon the supplier's failure to inform the consumer of the delivery, transportation and similar additional costs, the consumer will no longer be responsible for the payment of such.

Finally, just prior to the approval of the order by the consumer, the supplier is required to clearly inform the consumer that the approval of the order will mean a payment obligation; otherwise, the consumer will not be bound by the purchase order.

Right of Withdrawal

Time constraints relating to the exercise of the right of withdrawal have been extended by the New Regulation. The consumer is now entitled to withdraw from the distance contract for convenience within fourteen (14) days (formerly seven (7) days) without being subject to any penalty. The fourteen (14) day period starts running as of the date of conclusion of the contract for provision of services, and as of the date of delivery, in case of sale of goods, without prejudice to the exercises until the date of delivery. Such time constraint does not apply where the consumer was not pre-informed of the right of withdrawal, which, in any case, cannot be exercised after the expiry of the one (1) year period following the end of the withdrawal period (formerly three (3) months).

For the ease of the consumers, a withdrawal form is annexed to the New Regulation, which may as well be included on the websites of the suppliers and used by the consumers to exercise the right of withdrawal, as well as an explicit written declaration in this regard. In contrast to the provision on the pre-contractual information, the consumer is the party who is under the burden of proof with respect to the exercise of the right of withdrawal.

The consumer is required to return the goods to the supplier within ten (10) days following its notification to exercise the right of withdrawal; whereas, at the same time, the supplier is required to return the payment within fourteen (14) days following the aforesaid notification. The consumer will not be charged for any return costs so long as he returns the goods through the carrier determined by the supplier.

The consumer is not liable for any changes and deterioration to the goods within the withdrawal term insomuch as he has used the goods in accordance with their function, technical qualities and user manuals.

Examples that are in favor of the suppliers are that the fourteen (14) day return period for the payment had been regulated as ten (10) days under the Former Regulation; the supplier was required to take back the goods within twenty (20) days, instead of the consumer returning it himself; and the types of contracts that were not subject to right of withdrawal were more limited.

Performance of the Contract and Delivery

Whereas the Former Regulation set forth that the supplier was to perform the order within thirty (30) days following the order, which could be extended with up to ten (10) days upon written notification of the supplier; the New Regulation obliges the supplier to execute the order within the period it is promised, which cannot exceed thirty (30) days. As a novelty, the New Regulation also entitles the consumer to terminate the distance contract in the event of nonfulfillment of the foregoing obligation. In such a case, the supplier is required to return the payment, including the delivery costs and the default interest, to the consumer within fourteen (14) days following receipt of the termination notification, together with the promissory documents obtained from the consumer, if any.

Notification and return periods in the event of impossibility of the performance have also changed, obliging the supplier to notify the consumer within three (3) days following its awareness of the impossibility and to return any payment within fourteen (14) days following its notification. The former Regulation did not contain any specific notification period, and regulated the return period as ten (10) days.

As a newly introduced provision, the New Regulation holds the seller of the goods liable for any damage and loss until the delivery of the goods has been made to the consumer, including the period where the goods are kept by the carrier, unless the consumer requested delivery through a carrier other than determined by the seller.

Additional Payments

In order to request additional payments from the consumer aside from the originally agreed amounts arising from the obligations under the contract, the New Regulation requires the explicit approval of the consumer. If the consumer made an additional payment due to the fact that the options presented to him were already selected without his explicit approval, the supplier is required to return such payment immediately. This provision means that the options must be presented to the consumer, and the choice must be made only by the consumer.

Record Keeping

The New Regulation did not change the obligation to retain all kinds of documents and information relating to the elements of the distance contract for a period of three (3) years, yet burdens intermediary firms to maintain the same record-keeping in relation to their transactions concluded with the suppliers.

Inertia Selling and Payment by Card

Unlike the Former Regulation, provisions on inertia selling and payment by card have not been included in the New Regulation. Inertia selling is regulated under Article 7 of the Law in a broad scope, and in such a way so as to include all consumer transactions. The said article exempts the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response, or the use of the goods or services not constituting consent for the conclusion of a contract; whereas, under the Former Regulation, use by the consumer was deemed to be consent.

The omission of the provision on payment by card is due to the fact that the Law foresees issuance of a specific regulation for payment by card.


While e-commerce is playing a larger part in consumers' daily lives day by day, the New Regulation aims to ensure that consumers are fully aware of their rights prior to the conclusion of distance contracts, especially in terms of the right of withdrawal. It strengthens consumers' positions by placing the suppliers under the burden of proof with respect to prior information, and setting forth specific sanctions for failure to inform consumers. It extends the time constraints relating to the exercise of the right of withdrawal, and shortens the period for the performance of the contract. It should be also stated that the New Regulation is considerably compatible with the current European Union legislation in terms of consumer protection.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions