Introduction
Distance Sales Contract in Turkey (Mesafeli Satış Sözleşmesi) is the cornerstone of consumer e-commerce compliance. Whenever a seller or service provider concludes a contract without the parties being physically present together—via website, mobile app, call center, email, or other remote communication tools within an organized distance sales system—the legal regime of the Distance Sales Contract in Turkey applies. For foreign merchants targeting Turkish consumers and for marketplaces acting as intermediary service providers, understanding the legal framework and its practice is essential to avoid administrative sanctions, chargebacks, and litigation before consumer authorities.
Legal Sources and Scope
The Distance Sales Contract in Turkey is primarily governed by the Consumer Protection Law (Law No. 6502) and the Regulation on Distance Contracts (secondary legislation). The regime is mandatory (emredici); contractual terms that reduce or waive consumer rights are void.
- Parties: the consumer (a natural person acting outside trade/profession) and the seller/service provider (acting for commercial/professional purposes).
- Intermediary Service Provider: marketplaces and platforms facilitating the Distance Sales Contract in Turkey may share joint or several responsibility for pre-contractual information, order confirmation, returns, and refunds, depending on their role.
- Exclusions: B2B transactions (tacir–tacir) are not consumer transactions; special regimes apply to financial services, timeshare, and certain travel products.
Formation: Pre-Contractual Information and Order Confirmation
Before conclusion, the trader must provide clear, comprehensible, and prominent pre-contractual information on a durable medium (kalıcı veri saklayıcısı) and obtain the consumer’s express acknowledgment. In practice, this means the website/app must display and archive a compliant pre-information form covering at least:
- main characteristics of the goods/services,
- total price including taxes, fees, shipping, and any recurring charges,
- delivery/fulfilment method and time,
- right of withdrawal (cooling-off) and its exceptions,
- return costs and procedure,
- complaint channels, after-sales service, and warranty,
- technical steps to conclude the Distance Sales Contract in Turkey and correction of input errors,
- data protection disclosures consistent with KVKK (Turkish data protection law).
The trader must send order confirmation without undue delay (email/SMS/in-app), and—crucially—bears the burden of proof that pre-information and confirmation were duly provided.
Performance: Delivery, Passing of Risk, and Time Limits
Under a Distance Sales Contract in Turkey, delivery of goods generally must occur within 30 days unless the parties agree otherwise. The risk of loss typically passes to the consumer upon delivery to the consumer or a third party designated by the consumer. If the trader uses a carrier chosen by the consumer, risk may pass earlier; if the trader unilaterally changes the carrier or delivery method, the trader retains risk until actual delivery. Failure to deliver within the statutory or contractual period gives the consumer a statutory right to terminate and seek a refund.
Right of Withdrawal (Cooling-Off)
A defining feature of any Distance Sales Contract in Turkey is the 14-day right of withdrawal. The consumer may withdraw without giving any reason and without incurring any costs other than those expressly disclosed (e.g., return shipping if clearly stated in pre-information). Key points in practice:
- Exercise: a simple withdrawal notice on a durable medium (email, platform form) suffices; traders should provide a model form but cannot require it exclusively.
- Refund: the trader must reimburse all payments (including initial delivery costs up to standard delivery) within 14 days of receiving the withdrawal notice, using the same method of payment, unless the consumer consents to another method.
- Return logistics: traders must offer a clear return pathway (RMA code, pickup or carrier label). If the trader failed to inform about return costs, the trader bears them.
- Extended period: if pre-information on the right of withdrawal was not given, the 14-day period may extend significantly, exposing the trader to prolonged risk.
Statutory Exceptions
The right of withdrawal does not apply to, among others:
- custom-made goods or clearly personalized items,
- perishable goods or goods with rapidly expiring shelf life,
- sealed goods (e.g., hygiene/cosmetics) unsealed after delivery,
- accommodation, car rental, catering, leisure with fixed dates,
- digital content/services not supplied on a tangible medium if performance began with the consumer’s explicit consent and acknowledgment of losing the right to withdraw.
These exceptions must be prominently disclosed; burying them in fine print is a classic compliance failure.
Defects, Non-Conformity, and Remedies
The Distance Sales Contract in Turkey does not dilute the consumer’s rights against defective goods/services. If the goods are non-conforming at delivery (ayıplı mal), the consumer may elect among repair, replacement, price reduction, or rescission (dönme), alongside damages under general principles. A practical evidentiary rule aids consumers: defects manifesting within a short time from delivery are presumed to have existed at delivery unless the trader proves otherwise. Traders should maintain quality control, batch traceability, and after-sales service records to rebut claims.
Subscription and Digital Content Nuances
For subscriptions (e.g., streaming, SaaS, boxes), the Distance Sales Contract in Turkey requires:
- transparent renewal and cancellation mechanics,
- pro-rata refunds when legally required,
- explicit consent to immediate performance for digital content not provided on a tangible medium, coupled with a checkbox acknowledging loss of withdrawal right if performance starts during the cooling-off period.
Failure to implement these UX elements properly is a frequent source of administrative penalties.
Dispute Resolution and Enforcement
Disputes under a Distance Sales Contract in Turkey fall within the jurisdiction of Consumer Arbitration Boards (Tüketici Hakem Heyetleri) or Consumer Courts, depending on monetary thresholds updated annually. Consumers can also lodge complaints with the Ministry of Trade and the Advertising Board for misleading practices. Traders must be ready to produce archived pre-information, order confirmations, call/chat logs, and return/refund records—lack of documentation often decides the case.
Compliance Playbook for Traders and Marketplaces
To operationalize the Distance Sales Contract in Turkey, implement the following:
- Pre-information module with version control, language toggles, and durable-medium dispatch (email/PDF).
- Unchecked by default boxes—no pre-ticked paid options; obtain unambiguous consent for each paid add-on.
- Withdrawal workflow: one-click initiation, automated RMA, return labels, transparent timelines, and dashboard tracking.
- Refund SLA aligned with the 14-day duty; automate to the original payment instrument.
- Exception matrix (customized goods, hygiene items, fixed-date services, digital content) tied to product categories so that the website/app shows the correct legal notice dynamically.
- Evidence retention: keep logs for at least the limitation period—pre-info, consents, confirmations, delivery proof, returns, and correspondence.
- KVKK alignment: a compliant privacy notice and cookie policy, especially for logged-in purchase journeys and remarketing.
Common Pitfalls to Avoid
- Inadequate pre-information or failing to provide it on a durable medium.
- Ambiguous withdrawal instructions or charging undisclosed return fees.
- Silent subscription renewals without an easy cancellation mechanism.
- Late refunds or refunds in a different method without consent.
- Non-functional customer service channels—courts treat this as bad faith.
Conclusion
The Distance Sales Contract in Turkey (Mesafeli Satış Sözleşmesi) is both a compliance roadmap and a risk map for anyone selling remotely to Turkish consumers. Mastering the mandatory pre-information regime, delivering within statutory timelines, honoring the 14-day withdrawal, and documenting every step will minimize disputes and regulatory exposure. For foreign sellers and platforms, localizing checkout flows and return logistics to the Distance Sales Contract in Turkey is not optional—it is the difference between scalable growth and recurring legal headaches.
Yanıt yok