The Regulation Amending ("Amendment Regulation") the Regulation on Distance Contracts ("Regulation") was published in the Official Gazette dated 24 May 2025 and numbered 32909.
Pursuant to Article 5 of the Regulation regarding the Obligation of Preliminary Information, the consumer must be informed by the seller or provider on the matters specified in the provision before the conclusion of the distance contract or before accepting any corresponding offer. With the Amendment Regulation, changes have been made to the matters specified in the provision. Previously, in cases where there was a right of withdrawal, the conditions, duration, procedure for exercising this right, information regarding the carrier envisaged by the seller for the return, the return cost amount not to exceed the delivery cost if returned via this carrier and which party would bear it, and in the case of return via a carrier other than the one envisaged, the fact that the return cost would be borne by the consumer, were to be shared with the consumer. However, with the Amendment Regulation, it has been regulated that the conditions, duration, procedure for exercising this right, and information regarding the carrier envisaged by the seller for the return shall be shared. Similarly, previously, information would be given that consumers could apply to the Consumer Court or the Consumer Arbitration Committee regarding disputes, whereas with the Amendment Regulation, it has been regulated that information will be given stating that consumers may apply to the consumer arbitration committee or, provided that they apply to a mediator before filing a lawsuit pursuant to Article 73/A of the Law, to the consumer court regarding disputes.
The phrase "without prejudice to the provision of the third paragraph of Article 13" in the fourth paragraph of Article 12 of the Regulation, which regulates the Obligations of the Seller and Provider, has been removed. Pursuant to the fourth paragraph of Article 12, it is regulated that the seller or provider must make all refunds specified in the article in a single transaction using the payment method used by the consumer at the time of purchase, without imposing any cost or obligation on the consumer. The third paragraph of Article 13, which is mentioned in the provision, regulates that the consumer is obliged to bear the return cost, provided that it is agreed in the preliminary information and does not exceed the delivery costs in cases envisaged by the seller; this provision has also been repealed by the Amendment Regulation.
Previously, pursuant to the fifth paragraph of Article 12 of the Regulation, if there was no preliminary information stating that the cost of return would be borne by the consumer in the case of return of the goods, it was regulated that the seller or provider would bear the cost. With the amendment made by the Amendment Regulation, it is now regulated that in the use of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5 of the Regulation, if the goods are returned via the carrier specified by the seller for the return, the consumer cannot be held responsible for the return costs. Additionally, if the seller has not specified any carrier for the return in the preliminary information, it is stated that no cost related to the return may be charged to the consumer.
This Amendment Regulation shall enter into force on 1 January 2026
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.
