Distance Contract
Also known as: Distance Selling, Online Sales Contract, Remote Sales, Mesafeli Sözleşme
Author Ali Gül
In short
A contract concluded without the simultaneous physical presence of the seller and the consumer, using means of distance communication such as the internet, phone or apps; governed by Law No. 6502 and the Distance Contracts Regulation.
Under Article 48 of Consumer Protection Law No. 6502, a distance contract is a contract concluded within a system organised for distance marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer, using means of distance communication up to and including the moment the contract is concluded. Detailed rules are in the Distance Contracts Regulation.
Scope
Sales through websites, mobile apps, marketplaces, by phone or via social media are distance contracts. The rules apply only to sales to consumers; sales to businesses are subject to general rules. Some contracts, such as financial services, sales of real estate, package tours and gambling, are outside the Regulation or subject to special rules.
Core Rules
- Pre-contractual information: Certain information must be given before the contract is concluded and the consumer must confirm having read it.
- Right of withdrawal: The consumer may withdraw without giving reasons within fourteen days; some contracts are excepted.
- Delivery: The seller must deliver within the promised period and at the latest within thirty days.
- Proof: The seller bears the burden of proving pre-contractual information, information on withdrawal and delivery.
- Providing the contract: The concluded contract must be provided to the consumer on a durable medium at the latest by delivery of the goods.
Changes Effective 1 January 2026
The amendment published in the Official Gazette of 24.05.2025 and effective 1 January 2026 removed the possibility of charging return costs to consumers on withdrawal, brought mobile phones, smart watches, tablets and computers back within the right of withdrawal and made it mandatory to include information on the return carrier and the mediation requirement in pre-contractual information.
Frequently Asked Questions
Do distance selling rules apply to sales to businesses?
No. Distance contract rules apply to sales to consumers acting for non-commercial, non-professional purposes. Sales to businesses are governed by general contract law.
What changed in distance selling in 2026?
The amendment effective 1 January 2026 removed the possibility of charging return costs to consumers on withdrawal, brought mobile phones, smart watches, tablets and computers back within the right of withdrawal and made it mandatory to include the mediation requirement in pre-contractual information.
Related Services
Publications in this area
- The Guide on Consumer Reviews Has Been Published! 21.09.2023
- E-Commerce Regulations Published! 02.01.2023
- The Innovations Introduced to the E-Commerce Law and Their Potential Effects on the E-Commerce Sector 02.12.2022
- Changes Made in Discount Sales Advertisements and Commercial Advertising Regulations 02.03.2022
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