Points to Consider When Preparing a Distance Selling Contract

Entrance

With the proliferation of e-commerce, distance selling contracts have become one of the most important legal documents between companies and consumers. Today, not only traditional websites but also marketplace platforms, mobile applications, Instagram stores, WhatsApp order lines, TikTok sales channels, subscription systems, online education platforms, and digital service providers often enter into distance contracts with consumers.

A distance selling contract comes into play in transactions where the seller or supplier and the consumer enter into a contract remotely using communication tools, without physically meeting face-to-face. The Ministry of Trade defines a distance contract as a contract established using remote communication tools within a system for distance marketing, without the simultaneous physical presence of the seller or supplier and the consumer, from the moment of its conclusion until its conclusion. Distance contracts are regulated under Article 48 of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

Therefore, a distance selling contract is not simply "a standard text that must be found on the website." Distance selling contracts that are incorrectly prepared, contain incomplete information, misrepresent the right of withdrawal, contradict the pre-information form, or do not reflect the actual sales process can lead to consumer disputes, return problems, administrative fines, reputational damage, and legal liability.

What is a Distance Selling Contract?

A distance selling contract is a contract established between a seller or provider and a consumer without physical interaction, and concerns the sale of goods or services. Purchasing products through a website, initiating a subscription via a mobile application, placing an order through a social media account, sales by telephone, or receiving services via email can all be considered distance contracts depending on the specific circumstances.

The Ministry of Trade states that purchases made through platforms such as social media and text messages can also be considered distance contracts, provided that they constitute a step in a system for distance selling, the parties do not have a simultaneous physical presence, and remote communication tools are used until the contract is concluded. Therefore, the idea that "I sell on Instagram, so I don't need a distance contract" is incorrect.

The purpose of a distance selling contract is to clearly define the consumer's rights before and after the purchase, the seller's obligations, and the terms of the transaction between the parties. This contract should be clear, simple, and understandable in terms of product description, price, shipping, delivery, right of withdrawal, return process, dispute resolution procedures, seller information, and consumer rights.

A Distance Selling Agreement and a Preliminary Information Form are NOT the Same Thing

One of the most common mistakes in practice is confusing a distance selling contract with a pre-information form. However, these two documents have different functions. The pre-information form contains the essential information that must be provided to the consumer before entering into a contract and making a payment. The distance selling contract, on the other hand, regulates the detailed terms of the legal relationship established between the parties.

Before entering into a distance contract or accepting a corresponding offer, the consumer must be informed about the essential characteristics of the goods or services, information about the seller/provider and, if applicable, the intermediary service provider, the total price, shipping and delivery costs, payment and delivery information, the right of withdrawal, the circumstances under which the right of withdrawal cannot be exercised, the functionality of digital content, and dispute resolution procedures. The regulation stipulates that this information is an integral part of the distance contract and cannot be changed unless explicitly agreed otherwise.

Therefore, it is not sufficient to simply have a distance selling contract on an e-commerce site. The consumer must be provided with preliminary information before placing an order, confirmation of receipt of this information must be obtained, and this confirmation must be recorded. According to the regulation, failure to provide confirmation of preliminary information will render the contract null and void.

Seller, Supplier and Intermediary Service Provider Information Must Be Clearly Stated

The distance selling contract must clearly state the identity of the seller or provider. This should include the trade name, MERSİS number or tax identification number, full address, telephone number, email address, and communication channels through which the consumer can submit complaints. If the sale is conducted through a marketplace platform, the information of the intermediary service provider must also be provided.

This information is not just about form. Consumers should know who to contact in case of a dispute, where to submit a return request, to what address to send a cancellation notice, and how to exercise their rights. Incomplete or misleading seller information, especially for accounts selling through social media, creates serious trust and verification problems.

In sales made through the marketplace, the responsibility of the intermediary service provider must also be considered. According to the regulation, in distance contracts concluded through the platform, the intermediary service provider is jointly and severally liable with the seller or provider for providing, confirming, and proving the pre-information. In cases where data entry is done by the intermediary service provider, the intermediary service provider is also held responsible for any deficiencies in the mandatory pre-information elements.

The essential characteristics of the goods or services must be clearly stated

One of the most important elements of a distance selling contract is the essential characteristics of the goods or services being sold. The product name, model, size, color, dimensions, technical specifications, warranty information, intended use, operating conditions (if digital content), and scope and duration (if a service) must be clearly stated.

There should be no discrepancies between the product description, the contract, the pre-information form, and the order screen. For example, if the product page states "genuine leather" while the contract states "synthetic leather"; if the delivery page says "free shipping" but a shipping fee is charged on the payment screen; or if the digital service says "unlimited access" but the contract states "30 days of access," these could lead to consumer disputes.

Especially for electronic products, personalized items, digital content, subscription services, online education, software licenses, cosmetics, food supplements, health products, and children's products, essential characteristics should be described in more detail. Leaving the contract vague may lead to disputes that could be interpreted against the seller.

Total price, shipping and additional charges must be clearly displayed

Simply displaying the product price to the consumer is insufficient. The total price of the goods or services, including all taxes, shipping costs, delivery costs, processing fees, installation fees, subscription fees, recurring payments, additional service charges, or unforeseen expenses, must be clearly stated.

According to the regulation, the seller or provider must indicate in the pre-information provided the total price of the goods or services, including all taxes; if the price cannot be calculated in advance, the method of calculation; all additional costs such as transportation and delivery, if any; and if these additional costs cannot be calculated in advance, information on how these additional costs can be paid. If no information is provided regarding additional costs, the consumer is not obligated to cover these costs.

Therefore, additional charges that arise during the payment process pose a serious risk. Consumers should clearly see the total amount they will pay on the shopping cart screen, the payment screen, and the contract. Especially in subscription systems, the total cost for each billing period must be clearly stated. In indefinite or fixed-term subscriptions, such as the "first month free, then paid" model, the cost for subsequent periods must be clearly indicated.

It must be clearly stated that the order entails a payment obligation

When drafting a distance selling contract, not only the text but also the structure of the order flow is important. The consumer must clearly understand at what point they become obligated to make a payment.

According to the regulation, sellers, suppliers, and intermediary service providers must clearly and understandably inform the consumer that the order implies a payment obligation immediately before the consumer confirms the order. Otherwise, the consumer is not bound by the order. Furthermore, in contracts concluded via the internet, the essential characteristics of the goods or services, the total price, the right of withdrawal, and the circumstances under which the right of withdrawal cannot be exercised must be clearly indicated immediately before the payment obligation is stated.

Therefore, instead of vague phrases like "continue," "complete," or "confirm" on the payment button, clear phrases such as "place order with payment obligation," and "pay and complete order" should be preferred. This is especially important in subscription, online education, digital service, and recurring payment systems.

The right of withdrawal must be properly regulated

One of the most critical aspects of distance selling contracts is the right of withdrawal. As a rule, the consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. In the case of goods sales, the period begins on the day the consumer or a third party designated by the consumer receives the goods; in service contracts, it begins on the day the contract is concluded. The consumer can also exercise their right of withdrawal before the goods are delivered.

To exercise their right of withdrawal, consumers are not required to use a sample withdrawal form. Consumers can also make a clear statement indicating their decision to withdraw. It is sufficient for the withdrawal notification to be sent in writing or via a durable data storage medium to the seller, provider, or intermediary service provider. If a withdrawal option is offered via the website, the consumer must be immediately notified of receipt of the withdrawal request.

The burden of proof that the consumer has been informed about their right of withdrawal rests with the seller, supplier, and intermediary service provider. If the consumer is not properly informed about their right of withdrawal, they are not bound by the fourteen-day period; this period expires in any case one year after the date on which the normal withdrawal period ends.

Exceptions to the right of withdrawal must be clearly and accurately stated

Not every distance contract includes a right of withdrawal. However, exceptions to the right of withdrawal should be interpreted narrowly and clearly stated in the contract. According to the regulation, unless otherwise agreed upon by the parties, the right of withdrawal may not apply to goods prepared according to the consumer's requests or personal needs, perishable goods, goods unsuitable for return due to health and hygiene reasons and goods with opened protective coverings, goods that are mixed with other products after delivery and cannot be separated, services such as accommodation/transportation/vehicle rental/entertainment that must be performed on a specific date, services performed instantly in electronic form, or intangible goods delivered instantly to the consumer.

However, the current version of the exception provisions should be carefully monitored. The regulation text contains notes regarding the Council of State's decisions to suspend enforcement for certain exception clauses with an effective date of 2026, such as some vehicles and goods undergoing installation/assembly. Furthermore, it is noted that the previous exception clause concerning mobile phones, smartwatches, tablets, and computers was repealed with the amendment dated May 24, 2025.

Therefore, including general and categorical clauses such as "there is no right of withdrawal" in distance selling contracts is risky. It should be clearly stated which products or services do not allow the exercise of the right of withdrawal and why; the consumer's right of withdrawal should not be eliminated by contract for products for which there are no exceptions in the legislation.

The carrier and cost information for the return must be written

After the 2025 amendments, the issue of return carriers and return costs should be regulated more carefully. The pre-information should include details about the terms, duration, procedure for exercising the right of withdrawal, and the carrier designated by the seller for returns. Furthermore, the pre-information should also inform consumers that they can submit their disputes to the consumer arbitration board or, subject to mediation before filing a lawsuit, to the consumer court.

According to the current regulations, if the goods are returned via the carrier specified by the seller, the consumer cannot be held responsible for return costs. If the seller has not specified a carrier for returns in the pre-information provided, the consumer cannot be charged return costs. If the specified carrier does not have a branch in the consumer's location, the seller is obligated to arrange for the return of the goods from the consumer without requesting additional costs.

Therefore, the return carrier must be clearly stated in the contract, and the shipping company the consumer will use during the return process and who will bear the costs must be regulated in accordance with the legislation. In case of defective goods, the consumer cannot be held responsible for the return costs.

The refund period and method must be properly regulated

When exercising the right of withdrawal, the refund process must be clearly stated in the contract. According to the regulation, the seller is obliged to refund all payments received, including any delivery costs to the consumer, within fourteen days from the date the goods subject to the right of withdrawal are delivered to the carrier specified in the pre-information for return. If the consumer returns the goods with a carrier other than the one specified, this period starts from the date the goods reach the seller.

If the right of withdrawal is exercised before delivery of the goods, the seller and, in cases where payment is collected through a platform, the intermediary service provider, are obliged to refund all payments collected within fourteen days from the date they receive the withdrawal notification. Similarly, in service contracts, in case of withdrawal, the provider and, if applicable, the intermediary service provider, must refund all payments collected within fourteen days of receiving the withdrawal notification.

Refunds must be made in a single payment, without any additional costs or obligations to the consumer, and in a manner consistent with the payment method used at the time of purchase. Therefore, “refund vouchers,” “store points,” “coupons,” or “exchanges for other products” cannot substitute for a refund without the consumer's explicit consent.

Delivery time and stock information must be accurate

The delivery time must be clearly stated in distance selling contracts. According to the regulation, the seller or provider is obliged to fulfill their obligation within the promised time from the date they receive the consumer's order. Except for goods prepared according to the consumer's request or personal needs, this period cannot exceed thirty days in any case.

If the seller fails to fulfill this obligation, the consumer may terminate the contract. In case of termination, the seller or provider must refund all payments received, including any delivery costs, together with legal interest, within fourteen days of receiving the termination notice. Furthermore, if the fulfillment of the order for the goods or services becomes impossible, the consumer must be notified in writing or via a durable data storage medium within three days of learning of this situation, and the payments received must be refunded within fourteen days at the latest. The goods being out of stock is not considered an impossibility of fulfilling the obligation.

Therefore, practices such as "out of stock, canceled" must be managed carefully. Companies should plan their inventory, delivery, supply, and return processes in accordance with the contract text.

Permanent Data Storage and Burden of Proof Should Not Be Forgotten

One of the most important practical issues when preparing a distance selling contract is the burden of proof. The seller must be able to prove that the consumer was informed in advance, that the consumer confirmed this information, that the consumer was informed about the payment obligations, that the right of withdrawal was explained, and that the contract was provided to the consumer.

A permanent data storage medium refers to tools or media such as SMS, email, internet, disk, CD, DVD, and memory card that allow the consumer to review, save, and access the information sent to them without alteration for a reasonable period of time. The regulation stipulates that the pre-information must be provided in writing, in a clear, simple, and legible manner, in a font size of at least twelve points, or via a permanent data storage medium, depending on the remote communication method used.

Therefore, simply placing checkboxes on e-commerce sites is not enough. Records must be kept of which consumer approved which text at what date and time, which contract version is in effect, the IP address and account from which the order was placed, and how the pre-information and contract were delivered to the consumer. In the case of marketplaces, the intermediary service provider is obligated to retain records of consumer transactions for three years and provide these records to relevant institutions, organizations, and consumers upon request.

The right to withdraw from a contract for a defective product should not be confused with the right to withdraw from a contract

In distance selling contracts, the right of withdrawal and the provisions regarding defective goods should not be confused. The right of withdrawal allows the consumer to terminate the contract within fourteen days without giving any reason. Defective goods, on the other hand, come into play when the goods do not conform to the contract, the description, the technical specifications, or the consumer's reasonable expectations.

For example, a consumer can exercise their right of withdrawal because they do not like the product. However, if the product is defective, incomplete, incorrect, broken, or does not have the promised features, the matter is evaluated not only under the right of withdrawal but also under the provisions of defective goods regulations. Clauses in the contract such as "no return if packaging is opened" cannot be written in a way that eliminates the consumer's legal rights in case of defective goods.

Therefore, when preparing a distance selling contract, the right of withdrawal, defective goods, warranty, service, exchange, and return processes should be regulated under separate headings. Misleading statements that restrict the consumer's legal rights should not be used.

Digital content and online services require special attention

Distance selling contracts for digital content such as online education, software, mobile applications, digital subscriptions, e-books, games, videos, music, SaaS, and similar services must be prepared with greater care. The regulation stipulates that the pre-information should include information on technical protection measures that may affect the functionality of digital content, as well as information on which hardware or software the digital content can work with.

Furthermore, an exception to the right of withdrawal may apply to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer. However, for this exception to be applicable, the process must be properly structured, and the consumer must clearly know when they gained access to the digital content, under what conditions they may lose their right of withdrawal, and when the performance of the service began.

Therefore, instead of general terms like "purchased, no refunds" in digital services, the nature of the service and the exceptions in the legislation should be clearly stated.

The dispute resolution process must be included in the contract

Distance selling contracts must specify the consumer's avenues for seeking redress. With the 2025 amendment, it was stipulated that, as part of the pre-information provision, consumers must be informed that they can submit their disputes to the consumer arbitration board or, subject to the condition of applying to a mediator before filing a lawsuit in accordance with Article 73/A of Law No. 6502, to the consumer court.

For consumer disputes with a value below 186,000 TL in 2026, applications can be made to provincial or district consumer arbitration boards. This monetary limit has been determined according to the revaluation rate, to be applied from January 1, 2026.

Therefore, attention should be paid to the current arbitration board monetary limits in the contract. Leaving amounts from previous years in the contract may be misleading to the consumer. E-commerce sites should update their legal texts every year.

Risk of Administrative Fines

Violations of distance selling contract and pre-information obligations may result in administrative fines. According to the Ministry of Trade's 2026 announcement, violations of general principles such as the requirement for written contracts and information under Law No. 6502 to be in 12-point font, providing a copy of the contract to the consumer, not changing the contract terms to the detriment of the consumer during the contract period, and providing information regarding fees/expenses to be charged to the consumer as an annex to the contract, will result in an administrative fine of 3,973 TL per transaction or contract in 2026.

While this amount may seem low for a single transaction, it can have serious financial consequences for e-commerce businesses as the number of violations increases. Furthermore, other administrative sanctions may arise, such as those related to deceptive advertising, unfair trade practices, insufficient information, violations of return processes, commercial electronic communications, and GDPR violations.

Practical Checklist for Preparing a Distance Selling Agreement

When preparing a distance selling contract, the business model must first be determined. Is the sale conducted through the seller's own website, a marketplace, social media, telephone, or a mobile application? Is the item being sold a physical product, digital content, a service, or a subscription? These questions will alter the content of the contract.

The contract must include complete information about the seller/supplier and, if applicable, any intermediary service providers. The essential characteristics of the product or service, the total price including all taxes, shipping and additional charges, payment method, delivery time, right of withdrawal, exceptions to the right of withdrawal, return carrier, refund policy, dispute resolution method, consumer rights, and contact information must be clearly defined.

The pre-information form, distance selling contract, product page, payment screen, return policy, and customer service responses must be consistent with each other. If there is a discrepancy between the process described in legal texts and the actual practice, the company may be found guilty in the dispute.

Conclusion

Preparing a distance selling contract is not simply about placing a copied text on a website. This contract is a fundamental legal document that ensures the consumer receives accurate information before the sale, clearly indicates that the order creates a payment obligation, manages cancellation and return processes in accordance with the law, defines shipping and delivery obligations, and informs the parties of their rights in case of disputes.

According to current legislation, consumers generally have the right to withdraw from distance contracts within fourteen days without giving a reason. However, exceptions to the right of withdrawal, return carrier, return costs, and refund processes must be clearly stated in the contract. Providing prior information, ensuring the consumer confirms this information, and clearly indicating the payment obligation are critical obligations for the seller, supplier, and, if applicable, the intermediary service provider.

It is particularly important to follow the current texts regarding return carriers, intermediary service provider responsibilities, refunds, monetary limits for consumer arbitration boards, and administrative fines as of 2025 and 2026. It should be noted that in 2026, applications to the consumer arbitration board will be possible for consumer disputes below 186,000 TL, and that an administrative fine of 3,973 TL per transaction or contract will be applied for certain contract/information breaches under Law No. 6502.

In conclusion, the distance selling contract is the legal backbone of a company's e-commerce operations. A well-prepared distance selling contract increases consumer confidence, reduces return and cancellation disputes, lowers the risk of administrative sanctions, and strengthens the company's sales processes in terms of proof. Therefore, it is crucial for every e-commerce company to professionally prepare its distance selling contract, pre-information form, and return policies according to its own business model and to update them regularly in accordance with legislative changes.