Learn how distance selling contracts and e-commerce rules work in Turkey, including pre-contract information duties, withdrawal rights, delivery rules, refund obligations, electronic marketing consent, platform liability, and consumer dispute resolution.
Introduction
Distance selling contracts and e-commerce rules in Turkey are mainly shaped by three layers of law: the Law on Consumer Protection No. 6502, the Distance Contracts Regulation, and the Law on the Regulation of Electronic Commerce No. 6563. The consumer-law layer protects buyers in distance contracts. The distance-contract regulation gives the operational rules for online and other remote consumer sales. The e-commerce layer adds platform, information, ordering, commercial-message, and data-handling rules for electronic trade more broadly. The Ministry of Trade’s official legislation list also shows that this framework today sits alongside later e-commerce instruments, including the 2022 amendment law and the 2022 regulation on electronic commerce intermediary service providers and service providers.
This matters because Turkish law does not treat an online sale as a light-touch private arrangement. It treats e-commerce as a regulated commercial environment where businesses must provide clear pre-contract information, structure the order flow properly, respect withdrawal rights, deliver within statutory limits, process refunds correctly, and comply with rules on electronic marketing and consumer complaints. In other words, a valid online transaction in Turkey depends not only on having terms and conditions, but also on running the transaction in the legally required way.
For that reason, the real legal question is not simply whether a consumer clicked “buy.” The real questions are whether the transaction qualifies as a distance contract, whether the required disclosures were given before payment, whether the order mechanism created a clear payment obligation, whether the consumer had a withdrawal right, whether an exception applies, and what forum will handle the dispute if performance later breaks down. This article explains distance selling contracts and e-commerce rules in Turkey in practical English and in a format designed for legal SEO content.
The Main Legal Sources
The first core source is Law No. 6502 on Consumer Protection. Article 1 states that the law aims to protect consumers’ health, safety, and economic interests and to compensate consumer loss, while Article 2 makes the scope broad by covering all consumer transactions and consumer-oriented practices. That means distance-selling rules are not an isolated niche of Turkish law. They sit inside a wider mandatory consumer-protection structure.
The second core source is the Distance Contracts Regulation. The regulation states that its purpose is to regulate the procedures and principles applicable to distance contracts, and it applies to distance contracts while excluding certain categories such as financial services and some other transactions listed in the regulation. The Ministry’s 2024 official consumer guide also confirms that distance contracts are governed by Article 48 of Law No. 6502 together with this regulation.
The third core source is Law No. 6563 on the Regulation of Electronic Commerce. Article 1 states that its purpose is to regulate the principles and procedures of electronic commerce, and it covers commercial communication, service-provider and intermediary-service-provider responsibilities, contracts concluded by electronic communication tools, information duties in e-commerce, and applicable sanctions. Article 2 defines electronic commerce broadly as all online economic and commercial activity carried out without the parties being physically face to face.
Together, these sources create a two-track structure. When the customer is a consumer and the sale is remote, consumer law and distance-contract rules apply directly. At the same time, the broader e-commerce law governs the digital contracting environment itself, especially pre-contract information, order mechanics, commercial electronic messages, intermediary-provider roles, and certain data-handling duties.
What Counts as a Distance Contract in Turkey?
Article 48 of Law No. 6502 defines a distance contract as a contract concluded between the seller or supplier and the consumer without simultaneous physical presence, within a system established for the distance marketing of goods or services, using remote communication tools up to and including the moment of conclusion. The Ministry’s 2024 official guidance repeats the same core structure and highlights three practical elements: no simultaneous physical presence, use of a system set up for remote marketing, and use of remote communication tools through conclusion.
This means not every digital exchange automatically becomes a protected distance contract. Turkish law looks for a system designed for remote selling, not merely a one-off remote conversation. At the same time, the Ministry’s official guidance makes clear that transactions carried out through social media or SMS can still fall within the distance-contract regime if the remote-selling system requirement and the other conditions are met. That is particularly important for modern retail models, influencer sales, marketplace links, and chat-based commerce.
The Distance Contracts Regulation also lists certain excluded matters, including financial services, sales through automatic machines, and other categories stated in the regulation. Financial services are instead regulated under the separate Regulation on Distance Contracts for Financial Services, which the Ministry officially lists as a separate instrument in the consumer-law framework.
Pre-Contract Information Duties
One of the most important protections in Turkish distance selling law is the duty to inform the consumer before the contract is concluded. Article 48 of Law No. 6502 states that the seller or supplier must clearly and understandably inform the consumer, before the consumer accepts the contract or the corresponding offer, about the matters specified by regulation and about the fact that order approval creates a payment obligation. The seller or supplier bears the burden of proving that the consumer was informed.
The Distance Contracts Regulation operationalizes that duty. Article 5 requires the seller or supplier to provide pre-contract information including the main characteristics of the goods or services, the seller’s or supplier’s identity details, contact information, complaint contact details if different, the total price including taxes, delivery and additional costs, payment and performance information, complaint-handling methods, the existence and conditions of the withdrawal right, and information about cases where the withdrawal right does not apply.
The same regulation goes further by requiring confirmation that the consumer actually received this pre-contract information in the method appropriate to the communication tool used. Article 7 states that the seller or supplier must ensure that the consumer confirms receiving the pre-contract information; otherwise, the contract is deemed not concluded. Article 8 also requires the seller or supplier to inform the consumer clearly, immediately before the order is placed, that the order means a payment obligation; otherwise, the consumer is not bound by the order.
This is one of the most important compliance points for Turkish e-commerce websites and apps. A checkout flow that hides essential information, fails to highlight that the final click creates a payment obligation, or cannot prove that the consumer saw the required disclosures is legally vulnerable even if the consumer technically completed the order. Turkish law cares about the user journey, not just the final click.
E-Commerce Rules for Order Flow and Platform Design
The broader e-commerce law reinforces this consumer-protection logic. Article 3 of Law No. 6563 requires the service provider, before a contract is concluded by electronic communication tools, to provide identifying information, information about the technical steps for contract formation, information on whether the contract text will be stored and how long it can later be accessed, information on tools for identifying and correcting data-entry errors, and information on privacy rules and any alternative dispute-resolution mechanisms. The same article also requires the service provider to make it possible for the buyer to store the contract terms and general conditions.
Article 4 then regulates online ordering mechanics. It requires the service provider, before payment details are entered and at the order-confirmation stage, to ensure that the buyer can clearly see the contractual terms, including the total amount payable. It also requires prompt electronic confirmation that the order has been received and obliges the service provider to provide suitable, effective, and accessible tools for detecting and correcting data-entry errors before the order is submitted.
These rules matter beyond classic B2C webshops. They also affect marketplaces, app-based ordering, subscription journeys, and cross-border digital businesses targeting Turkish users. In Turkish law, compliance is not only about the substantive content of the contract. It is also about whether the digital architecture of the order flow itself respects the buyer’s legal protections.
Delivery and Performance Obligations
Article 48 of Law No. 6502 states that the seller or supplier must perform within the promised period after receiving the consumer’s order and, in the sale of goods, performance may in any event not exceed 30 days. If the seller or supplier fails to perform within that period, the consumer may cancel the contract. This is one of the core statutory protections in Turkish distance selling.
This rule is especially important in sectors where merchants take payment first and ship later. Under Turkish law, the issue is not only whether delay occurred under general contract law. Consumer law itself creates a specific timing duty and a specific cancellation consequence. Businesses promising longer lead times or using open-ended delivery language should therefore review their terms carefully against Article 48.
Withdrawal Right: The Core Consumer Protection
The most famous protection in Turkish distance selling law is the right of withdrawal. Article 48 provides that the consumer may withdraw from the distance contract within 14 days, without giving any reason and without paying any penalty. It is sufficient that the withdrawal notice be sent to the seller or supplier within that period. The law also states that if the consumer was not properly informed about the withdrawal right, the consumer is not bound by the ordinary 14-day limit, and in any case the extended period ends one year after the normal withdrawal period would have expired.
The Distance Contracts Regulation gives more detailed timing rules. Article 9 states that in service contracts the 14-day period starts on the date of contract conclusion, while in goods contracts it starts on the date when the consumer or a third person designated by the consumer receives the goods. The regulation also adds specific rules for split deliveries, multi-part goods, and regular-delivery arrangements. It expressly states that delivery to the carrier is not the same as delivery to the consumer.
The same regulation explains how withdrawal is exercised. Article 11 states that it is sufficient for the consumer to direct a written notice or durable-medium notice to the seller or supplier before the withdrawal period ends. The consumer may use the annexed model form but is not limited to that form. This is a very practical point for Turkish disputes: the focus is on timely and provable notice, not on ritualistic wording.
Refunds, Return Costs, and Ancillary Contracts
The seller’s refund duties are strict. Article 12 of the Distance Contracts Regulation requires the seller or supplier, within 14 days from receiving the withdrawal notice, to refund all payments collected, including delivery costs where applicable. The refund must be made in one go, by a payment method appropriate to the one used by the consumer, and without imposing additional cost or burden on the consumer.
The same article also regulates return costs. If the seller identified a carrier for returns in the pre-contract information, and the consumer uses that carrier, the consumer cannot be charged return shipping. If no return carrier was specified in the pre-contract information, the consumer cannot be charged any return cost at all. And if the designated carrier has no branch where the consumer is located, the seller must arrange collection without charging extra.
Article 13 requires the consumer, unless the seller offered to collect the goods itself, to return the goods within 10 days after directing the withdrawal notice. Article 14 states that if the consumer exercises the withdrawal right, related ancillary contracts terminate automatically, and the consumer does not owe cost, compensation, or penalty except for the limited statutory cases stated in the regulation.
Exceptions to the Withdrawal Right
The withdrawal right is broad, but not unlimited. Article 15 of the Distance Contracts Regulation lists important exceptions unless the parties agree otherwise. These include goods or services whose price depends on fluctuations in financial markets outside the seller’s control, goods prepared according to the consumer’s personal requests or personal needs, perishable goods, sealed goods unsuitable for return for health or hygiene reasons once opened, goods inseparably mixed with other goods after delivery, certain books and digital content or computer consumables once protective packaging is opened, newspapers and periodicals outside subscription supply, leisure services that must be performed on a specific date or period, instantly performed electronic services or intangible goods delivered immediately, and services started with the consumer’s approval before the withdrawal period ends.
These exceptions are very important for Turkish digital businesses. Subscription content, instantly delivered digital goods, custom goods, hygiene-sensitive products, and time-specific service bookings should not be drafted casually. If the business wants to rely on a withdrawal exception, it should disclose that exception clearly in the pre-contract information, because Article 5 of the regulation expressly requires consumers to be told when Article 15 removes the withdrawal right.
Commercial Electronic Messages and Marketing Consent
E-commerce in Turkey is not only about contracts and returns. It also includes strict rules on commercial electronic messages. Article 6 of Law No. 6563 states that commercial electronic messages may be sent to recipients only if their prior consent has been obtained, and that consent may be taken in writing or through any electronic communication tool. There is a limited exception where the recipient provided contact information for contact regarding the supplied goods or services and the messages concern changes, use, or maintenance related to those goods or services. Article 6 also states that traders and artisans may receive such messages without prior consent.
Article 7 requires the content of the commercial message to be consistent with the consent obtained, and to include identifying and reachable information about the service provider. Article 8 gives recipients the right to reject commercial electronic messages at any time, without giving reasons, and obliges the service provider to stop sending them within three business days after receiving the opt-out request.
For Turkish e-commerce compliance, this means email marketing, SMS campaigns, and promotional messaging cannot be treated as a casual add-on to sales. Consent management and opt-out systems are part of the legal architecture of doing e-commerce in Turkey.
Intermediary Providers, Platforms, and Data Duties
Law No. 6563 also regulates the role of intermediary service providers. Article 2 defines them as persons who provide the electronic commerce environment through which others carry out economic and commercial activities. Article 9 states that intermediary providers are not obliged to control content provided by users of their systems or to investigate whether the goods, services, or content are unlawful, while the Ministry’s current e-commerce legislation list shows that platform and intermediary regulation was significantly expanded through the 2022 amendment law and the 2022 regulation.
The e-commerce law also contains a specific personal-data rule. Article 10 states that service providers and intermediary service providers are responsible for the storage and security of personal data obtained because of transactions carried out under the law, and may not transfer those personal data to third parties or use them for other purposes without the relevant person’s consent. This means Turkish e-commerce compliance includes not only consumer-law disclosure and withdrawal rules, but also platform-level data-handling duties under the e-commerce statute itself.
Unfair Terms and Consumer-Facing Standard Conditions
Distance contracts are usually standard-form contracts, so Article 5 of Law No. 6502 is also critical. It states that unfair terms inserted without negotiation that create an imbalance against the consumer contrary to good faith are absolutely void, while the rest of the contract remains valid. It also requires written consumer terms to be clear and comprehensible, and ambiguous terms are interpreted in the consumer’s favor.
This matters because many Turkish online sellers rely on standard terms for cancellation, returns, digital-use rules, auto-renewal, and liability limitations. Even if the checkout flow is technically correct, a one-sided or opaque consumer term can still fall under the unfair-term rule. Turkish distance selling law is therefore not only procedural; it also polices substantive fairness in standard consumer drafting.
Current Enforcement and Dispute Resolution
Turkish consumer protection is backed by enforcement and dispute-resolution mechanisms. Article 73 states that consumer courts have jurisdiction over disputes arising from consumer transactions and consumer-oriented practices, and that such cases are exempt from certain court fees for the consumer side.
Article 68 of the Law sets the arbitration-committee system and provides that the monetary limits are increased annually by revaluation. For 2026, the Ministry of Trade’s official announcement states that consumer disputes below TRY 186,000 may be brought before provincial or district consumer arbitration committees, while the Ministry’s January 2026 guidance explains that disputes at or above that amount cannot be filed with the committees and instead proceed through the legally required path involving mediation and consumer courts.
The Ministry also announced the 2026 administrative fine level for certain distance-contract and e-commerce-related violations affecting consumer information duties, use of rights, and protection against arbitrary order cancellation. According to the official Ministry announcement published on 29 December 2025, the administrative fine for each non-compliant act or contract in that category was set at TRY 3,973 for 2026.
Practical Compliance Lessons for Businesses
A business selling online into Turkey should design compliance in layers. The first layer is consumer-law compliance: pre-contract information, readable terms, proper withdrawal-right information, delivery timing, refund workflow, and a legally accurate exceptions list. The second layer is e-commerce process compliance: visible total price before payment, error-correction tools, durable storage of terms, and prompt order confirmation. The third layer is communications compliance: opt-in marketing where required and functioning opt-out systems. The fourth layer is dispute readiness: preserving records that prove what the consumer saw, clicked, paid, returned, and was told.
The safest Turkish e-commerce model is therefore not just a translated website with generic global terms. It is a transaction flow designed around Turkish statutory requirements from the first information screen to the last refund step.
Conclusion
Distance selling contracts and e-commerce rules in Turkey form a dense but coherent legal framework. Law No. 6502 and the Distance Contracts Regulation protect consumers through pre-contract information duties, clear payment-obligation warnings, delivery deadlines, a strong 14-day withdrawal right, regulated refund and return-cost rules, and strict handling of exceptions. Law No. 6563 adds broader e-commerce rules on digital contracting, order mechanics, commercial electronic messages, intermediary service providers, and certain data-handling obligations.
The practical lesson is straightforward: in Turkey, online selling is not just about concluding a contract electronically. It is about building a legally compliant process for information, ordering, delivery, withdrawal, refund, communication, and dispute handling. Businesses that treat compliance as a product-design issue rather than as a last-minute legal disclaimer are in a much stronger position.
FAQ
What is a distance contract under Turkish law?
A distance contract is a contract concluded between the seller or supplier and the consumer without simultaneous physical presence, within a system established for remote marketing, using remote communication tools up to and including the moment of conclusion.
Do online sellers in Turkey have to give pre-contract information?
Yes. Article 48 of Law No. 6502 and Article 5 of the Distance Contracts Regulation require clear pre-contract information before the consumer accepts the offer or places the order.
Does the final order click have to show that payment is required?
Yes. Turkish law requires the seller or supplier to inform the consumer clearly that approving the order creates a payment obligation. If that is not done properly, the consumer is not bound by the order.
How long is the withdrawal right in Turkish distance contracts?
The standard withdrawal period is 14 days. For services it starts on contract conclusion; for goods it starts when the consumer or a designated third person receives the goods.
What if the consumer was not properly informed about the withdrawal right?
Then the consumer is not bound by the ordinary 14-day period, and the right can extend up to one year after the normal withdrawal period would have expired.
How quickly must the seller refund after withdrawal?
The seller or supplier must refund all collected payments within 14 days after receiving the withdrawal notice, using an appropriate payment method and without imposing extra cost on the consumer.
Are there exceptions to the withdrawal right?
Yes. The Distance Contracts Regulation lists several exceptions, including custom-made goods, certain perishable or hygiene-sensitive goods once opened, certain opened digital-content products, time-specific leisure services, instantly performed electronic services, and services begun with the consumer’s approval before the withdrawal period ended.
Can businesses send promotional emails or SMS messages freely?
No. As a general rule, commercial electronic messages require prior consent under Law No. 6563, and recipients must always be able to opt out. The service provider must stop sending such messages within three business days after receiving the opt-out request.
Where do Turkish consumer e-commerce disputes go?
For 2026, disputes below TRY 186,000 may go to consumer arbitration committees; larger disputes proceed through the legally required path involving mediation and consumer courts.
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