MINISTRY OF TRADE’S PUBLIC ANNOUNCEMENT ON MAY 24, 2025, REGARDING THE NEW AMENDMENTS TO REGULATION AMENDING THE REGULATION ON DISTANCE CONTRACTS

A public announcement made by the Ministry of Trade (“the Ministry”) on May 24, 2025, revealed that new amendments favoring consumers have been introduced to the Regulation on Distance Contracts (“the Regulation”), thereby taking concrete steps toward expanding consumer rights.

Certain practices, particularly those concerning the protection of consumers in e-commerce transactions, have been restructured in accordance with these amendments.

According to the Ministry’s statement, certain amendments to the Regulation Amending the Regulation on Distance Contracts published in the Official Gazette dated August 23, 2022, originally scheduled to enter into force on January 1, 2026, have been re-evaluated considering the recommendations raised during the 28th Consumer Council held on September 4, 2024 (“New Regulation”).

As a result of this reassessment, not only were provisions that could potentially be unfavorable to consumers abandoned but new consumer rights were also introduced.
As explained below, amendments have been made in three key areas, all in favor of the consumer.
Under the Regulation, the definition of a distance contract is as follows:

“Contracts which are concluded without the simultaneous physical presence of the seller or provider and the consumer, within the framework of a system established for the remote marketing of goods or services, by the use of remote communication tools up to and including the moment the contract is concluded between the parties.”

1. Courier Fee for Returned Products

According to the Regulation, if the contract in question is not one of the exceptions to the right of withdrawal, the consumer has the right to withdraw from the contract within fourteen days without providing any justification and without paying any penalty. Under the initial plan, a regulation was introduced requiring that, before the conclusion of the contract, it must be determined which party will bear the cost of return within the scope of the withdrawal right.
“Preliminary Information

ARTICLE 5 – (1) Before a distance contract is concluded or before accepting any corresponding offer, the consumer must be informed by the seller or provider of all of the following matters:
(g) In cases where the right of withdrawal exists, the conditions, duration, and procedure for exercising this right; information regarding the carrier designated by the seller for returns; the amount of the

NEWSLETTER
return cost not to exceed the delivery cost and which party will bear this cost if the product is returned
via the designated carrier; and a statement that the consumer shall bear the return cost if the product
is returned via a carrier other than the one designated.”
Therefore, pursuant to the article below, if the contract stipulates that the consumer shall bear the
courier return cost, the consumer should pay the aforementioned return cost. The relevant article is
as follows:

“Obligations of the Consumer

ARTICLE 13 – (3) The consumer is obliged to cover the return costs, provided that this has been agreed
upon in the preliminary information and the return is made using the carrier specified by the seller,
and provided that the amount does not exceed the delivery costs.”

However, under the New Regulation, sellers or providers will now be required to bear the courier
return cost when the consumer exercises the right of withdrawal. In this way, the return process in
distance sales has ceased to burden the consumer financially. Since it is not clearly stated in the New
Regulation whether the courier cost paid at the time of purchase will be refunded in the case of returns
sent with payment on delivery, we would like to emphasize that this regulation pertains solely to the
return process itself.

This amendment has been restructured in line with the principle of protecting consumers’ economic
interests, as stipulated in the Code of the Protection of Consumers, numbered 6502 (“CPC”). Article 1
of the CPC is as follows:
“Purpose

ARTICLE 1 – (1) The purpose of this Law is to regulate matters related to taking measures that protect
the consumer’s health and safety as well as their economic interests in the public interest,
compensate for damages, ensure protection from environmental hazards, enlighten and raise
awareness among consumers, encourage consumer initiatives for self-protection, and promote
voluntary organizations in the development of related policies.”

2. Right of Withdrawal for Electronic Products

In a previous draft amendment by the Ministry, it was planned to remove the right of withdrawal for
certain electronic products such as mobile phones, tablets, computers, and smartwatches. The
relevant provision is regulated as follows:

“Exceptions to the Right of Withdrawal

ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer may not exercise the right of
withdrawal in the following contracts:

(i) Contracts regarding mobile phones, smartwatches, tablets, and computers that have been
delivered to the consumer.

However, these product categories represent some of consumers’ most in-demand and frequently
purchased items.

Recognizing their significance in the marketplace and the potential implications for consumer rights, the Ministry has revised its approach in the latest regulations.

Accordingly, under the New Regulation, these electronic devices have been reinstated within the scope of the right of withdrawal. This change reflects a consumer-oriented approach and aims to better align with current purchasing behaviors and expectations in the digital marketplace.
As a result, consumers can use the right to withdraw from distance contracts involving these products within 14 days of delivery without the need to provide any justification. This amendment is intended to enhance consumer protection and promote a more secure and trustworthy e-commerce environment, especially in transactions conducted via online platforms.

3. Inclusion of the Mediation Requirement in the Preliminary Information Form

Another regulation set to take effect on January 1, 2026, concerns the obligation for consumers to apply for mandatory mediation before initiating a lawsuit. This new rule mandates that consumers must first seek mediation as a required step before initiating any legal proceedings. Accordingly, it has become mandatory to explicitly state the requirement to apply for mediation in the preliminary information form provided to the consumer before a distance sales contract is concluded. This measure ensures that consumers are fully informed about their rights and obligations at the outset of the contractual relationship.
The primary reason behind this regulation is to raise consumer awareness regarding the mediation application process before litigation, particularly in monetary disputes that fall within the jurisdiction of consumer courts. By encouraging mediation as an alternative dispute resolution method, the regulation aims to reduce the burden on courts, shorten the time and costs associated with legal disputes, and promote amicable settlements. This approach is intended to protect both consumers and sellers by forming more transparent communication and facilitating faster resolution of conflicts.

Conclusion

The recent amendments to the Regulation reflect a clear commitment by the Ministry to strengthen consumer rights and protections, particularly in the rapidly evolving landscape of e-commerce. By shifting the burden of courier return costs to sellers or providers, reinstating the right to withdraw electronic products, and enhancing consumer awareness through mandatory mediation information, these changes aim to constitute a fairer and safer marketplace for consumers.
As these provisions come into effect, both consumers and sellers should prepare to adapt to the new regulatory framework, which ultimately seeks to balance the interests of all parties and promote trust in distance contracts.