E-Commerce Law — Seller and Consumer Rights in Distance Contracts

A comprehensive guide to sellers' and consumers' rights in e-commerce law: Consumer Protection Law No. 6502, E-Commerce Law No. 6563, the Distance Contracts Regulation, the right of withdrawal, information obligations and the returns process.

The law applicable to electronic commerce is determined by the parties' status and the nature of the transaction. The Consumer Protection Law No. 6502, the Law on the Regulation of Electronic Commerce No. 6563 and the Distance Contracts Regulation are the basic rules. The Turkish Code of Obligations, the Turkish Commercial Code, and the legislation on the protection of personal data and on commercial electronic messages may also apply according to the transaction.

What Is the Basic Legal Framework of E-Commerce Law?

The parties' status is decisive in e-commerce transactions. Where one party is a consumer acting for purposes outside their trade or profession, Law No. 6502 and the Distance Contracts Regulation apply. A sale between two merchants is not automatically a consumer transaction; the provisions of the Turkish Commercial Code and the Turkish Code of Obligations come to the fore. The Law on the Regulation of Electronic Commerce No. 6563 and the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers govern the obligations of service providers and marketplaces. The Personal Data Protection Law applies to the processing of personal data; Law No. 6563 and the relevant regulation apply in addition to commercial electronic messages.

What Is a Distance Contract and How Is It Formed?

A distance contract is a contract concluded between a seller or supplier and a consumer without their simultaneous physical presence, within a system organised for distance marketing, using means of distance communication up to the moment the contract is concluded. Immediately before confirming the order the consumer must be informed clearly and intelligibly that the order entails an obligation to pay; otherwise they are not bound by the order.

It is not a condition of validity that the consumer give separate “explicit consent” to each contractual provision. Confirmation of the pre-contractual information, the intention to contract, and explicit consent under the Personal Data Protection Law are distinct legal acts. The contract and the pre-contractual information must be transmitted to the consumer on a durable medium; the seller must be able to prove compliance with the information and confirmation obligations.

What Are the Seller's Information Obligations?

Before the contract, the information in Art. 5 of the Regulation must be given clearly and intelligibly: the essential characteristics of the goods or services; the name, address and contact details of the seller or supplier and of any intermediary service provider; the total price including taxes or the method of calculation; additional costs; payment, delivery and performance conditions; the right of withdrawal and its exceptions; complaint resolution methods; and the guarantee and the duration of the contract.

If the pre-contractual information is not properly given, the seller may be unable to claim the additional costs incurred. If the consumer has not been properly informed about the right of withdrawal, they are not bound by the fourteen-day period; that period expires in any event one year after the date on which the normal withdrawal period ended. If the information is given within that one-year period, the fourteen-day period runs from the date of the information.

What Is the Right of Withdrawal and How Is It Exercised?

A consumer may withdraw from a distance contract within fourteen days without giving reasons and without paying a penalty. In a sale of goods the period as a rule begins on the day the consumer or a third party designated by them takes delivery of the goods; for services, on the day the contract is concluded. It suffices that the notice of withdrawal be sent within the period, and the burden of proof lies with the consumer.

In a sale of goods the seller refunds all sums collected, including delivery costs, within fourteen days of the date on which the goods were delivered to the carrier stated in the pre-contractual information, in a manner appropriate to the payment method used by the consumer and at no cost. If the return is made by a carrier other than that stated in the pre-contractual information, that period begins on the date the goods reach the seller. Where the right of withdrawal is exercised before delivery of the goods, and in service contracts, the fourteen-day refund period runs from the date the notice reaches the seller or supplier. The consumer returns the goods within fourteen days of sending the notice of withdrawal; that obligation does not apply where the seller has offered to collect the goods itself.

Where the return is made by the carrier stated by the seller in the pre-contractual information, no return cost may be claimed from the consumer. Nor may the consumer be held liable for costs where no carrier was stated. If the carrier stated has no branch in the consumer's location, the seller arranges for the goods to be collected without claiming additional costs.

In What Situations Can the Right of Withdrawal Not Be Exercised?

The principal exceptions in the Regulation are: goods whose price depends on fluctuations in financial markets; goods prepared to the consumer's request or personal needs; goods liable to deteriorate quickly or whose expiry date may pass; goods whose protective packaging has been opened after delivery and whose return is unsuitable for reasons of health or hygiene; goods that become mixed with other products after delivery; books, digital content and computer consumables whose protective packaging has been opened; newspapers and periodicals other than by subscription; accommodation, transport, car rental, catering and leisure services to be provided on a specified date; services whose performance has begun with the consumer's consent before the withdrawal period expired; and electronic services or intangible goods performed instantaneously. The exceptions must be construed narrowly and it must be examined whether the specific product or service meets the statutory conditions.

Consumers' Rights for Defective Goods and Services

For defective goods a consumer may choose between withdrawal from the contract, a reduction in price, free repair, or replacement with a non-defective equivalent where possible. Claims for free repair and replacement may also be directed against the producer or importer as well as the seller; where they involve disproportionate difficulty, the options of withdrawal or price reduction apply. The periods for satisfying these rights are governed by Art. 11 of the Consumer Protection Law and the regulations.

The Consumer Protection Law does not impose on consumers a general obligation such as “loss of rights if the defect is not notified within a reasonable time”. A defect appearing within six months of delivery is presumed to have existed at delivery; the seller must prove the contrary. Liability for defective goods is as a rule subject to a two-year limitation period from delivery; the five-year period for residential and holiday immovables and the exceptions of gross fault and concealment are reserved.

Sellers' Liability and the Role of Platforms

The seller dispatches the goods within the period undertaken and, as a rule, within thirty days at the latest from the order; goods prepared to the consumer's request or personal needs are an exception to that ceiling. If performance becomes impossible the seller notifies the consumer within three days and refunds all sums collected within fourteen days of that notification.

The liability of an electronic commerce intermediary service provider cannot be explained merely by saying “it is a hosting provider and is not liable for the product”. In distance contracts it intermediates, obligations may arise under Art. 48 of the Consumer Protection Law and Law No. 6563 as to providing the pre-contractual information, keeping records, establishing a system through which consumer requests can be transmitted and tracked, and, in some cases, joint liability with the seller. Awareness of unlawful content, notification of trade mark infringement, verification of seller information, and advertising, data and licensing obligations are also assessed according to the platform's character and economic size.

Commercial Electronic Messages and Permission-Based Marketing

A commercial electronic message is as a rule sent with the recipient's prior consent, and consent and refusal records are managed through the Message Management System. There is a statutory exception allowing messages to be sent to tradespeople and merchants without prior consent; where the recipient exercises the right to refuse, messages must cease. For service notifications relating to an ongoing subscription, membership or partnership — such as collections, debt reminders and updates — separate consent may not be required provided no promotion is included.

The service provider's identity and the commercial character of the communication must be clear in the message, and the means of refusal must be provided free of charge and easily. Sending is stopped within three business days of receiving a refusal. The Message Management System does not mean that consent may be obtained only through the system's screens; consent obtained through other channels in conformity with the legislation may be recorded in the system.

Protection of Personal Data in E-Commerce

The processing of personal data does not in every case rest on explicit consent. Article 5 of the Personal Data Protection Law provides other legal bases, such as express provision in a statute, necessity for the conclusion or performance of a contract, a legal obligation, the establishment, exercise or protection of a right, and legitimate interest. Explicit consent is obtained freely, specifically and on an informed basis only where it is the appropriate legal basis for the activity concerned; making a service conditional on non-essential marketing consent may be unlawful.

The data controller complies with the obligations of transparency, purpose limitation, proportionality, retention and destruction, responding to data subject requests, and data security. Registration with VERBİS is not automatic for all businesses; the Board's current exemption decisions as to the number of employees, the financial balance sheet, the activity and the types of data must be checked. For cross-border transfers, the adequacy decision, appropriate safeguards and derogation mechanisms in force since 2024 apply.

Consumer Complaints and Application Routes

From 1 January 2026, consumer disputes with a value below TRY 186,000 are brought before the provincial or district consumer arbitration committee. An action cannot be brought directly before the consumer court in disputes below that value. An objection may be made to the consumer court against the committee's decision within two weeks of service. The threshold and jurisdiction are determined by the value of the dispute at the date of application.

In disputes to be heard by the consumer court, application to a mediator before bringing an action is as a rule a condition of action. Disputes within the scope of the arbitration committee, objections to a committee decision, interim measures and the actions listed in the statute concerning the suspension of production or sale fall outside that requirement. There are also special exceptions for certain actions brought by consumer organisations and the Ministry.

An application to the arbitration committee may be made through e-Devlet via the TÜBİS system or in writing to the competent committee. An administrative complaint does not take the place of a contractual claim for a refund or damages; the arbitration committee, mediation and court routes must be distinguished according to the specific claim.

Frequently Asked Questions

How many days is the withdrawal period?

As a rule fourteen days. The consumer returns the goods within fourteen days of the notice of withdrawal. In a sale of goods the seller's fourteen-day refund period as a rule begins when the goods are delivered to the carrier stated in the pre-contractual information; if a different carrier is used, when the goods reach the seller. For undelivered goods and service contracts the period runs from receipt of the notice of withdrawal.

Does the consumer pay the return shipping cost?

No cost may be claimed from the consumer where the carrier stated by the seller is used. Nor may costs be imposed on the consumer where no carrier was stated.

Does a consumer who does not notify a defect immediately lose their rights?

The Consumer Protection Law imposes no general short notification burden on consumers; limitation, the evidential presumptions and the nature of the goods are assessed separately.

What is the 2026 arbitration committee threshold?

Disputes with a value below TRY 186,000 are brought before the provincial or district consumer arbitration committee.

Is explicit consent required for every processing of personal data?

No. Where one of the other legal bases in Art. 5 of the Personal Data Protection Law applies, explicit consent is not required; the transparency obligation nevertheless continues.