The Regulation on Direct Sales (“Regulation”) prepared by the Ministry of Trade was published in the Official Gazette dated August 8, 2025 and numbered 32980. The regulation introduces comprehensive regulations regarding direct selling systems, direct selling companies, and sellers. The important changes introduced by the following provisions are summarized and presented for your attention.
- Regulation Article 5 introduces new obligations for direct selling systems, requiring them to be based on the sale of goods and services, leaving no room for pyramid-like structures. The direct sale of crypto assets, capital market instruments, and products prohibited by law is prohibited, and the inclusion of individuals in the system through promises of quick riches and misleading statements is prevented. The total amount of commissions, bonuses, and similar benefits that direct selling companies provide to sellers may not exceed 50% of annual net sales; benefits arising from the recruitment of new sellers may not exceed 30% of the total benefits distributed. However, the retail profit that sellers earn when they purchase goods and sell them to consumers is excluded from these restrictions.
- Regulation Article 6 stipulates that direct sales companies must be capital companies with a minimum paid-in capital of ten million TL and must deposit three million TL as collateral in Turkish banks. In addition, they must obtain a direct sales authorization certificate from the Ministry in order to commence operations.
- Regulation Article 8 regulates the responsibilities of direct sellers towards both consumers and the company. Sellers are responsible to the company for the exercise of consumer rights and the fulfillment of obligations; they are also required to use their own seller number in sales. Direct sellers may only sell within the scope of the company’s authorization and the principles it has established. In addition, companies are also jointly and severally liable for the obligations of sellers towards consumers.
- Regulation Articles 9 and 10 contain procedural regulations for obtaining a direct sales certificate, while Article 11 stipulates that companies engaging in direct sales activities must obtain an authorization certificate from the General Directorate. The authorization certificate is valid for 3 years and must be renewed before its expiration date. The authorization certificate may be revoked by the Ministry if it does not meet the requirements specified in the Regulation.
- Regulation Article 13 stipulates that an information form must be provided to enable consumers to effectively exercise their right of withdrawal in direct sales. The form must be sent to the consumer in writing or via a permanent data storage medium. It must include information about the goods or services sold, the total price, company and seller information, the date of sale/delivery, and the procedures and conditions relating to the right of withdrawal. In addition, it should be clearly stated that the consumer may apply to an arbitration board or consumer court after mediation in the event of a dispute. The service must be performed on the date specified in the form, and the goods must be delivered within 30 days at the latest.
- Pursuant to Article 14 of the Regulation, the withdrawal period for consumers in direct sales has been extended from 14 days to 30 days. This means that consumers will be able to withdraw from the contract within 30 days without giving any reason and without paying any penalty. The withdrawal period for goods begins on the date of delivery to the consumer; for services, it begins on the date of sale. When the right of withdrawal is exercised, the direct selling company or seller must refund the payments collected in a single payment, without any costs or additional obligations, using a method appropriate to the consumer’s payment method. In the following articles of the Regulation, it is stipulated that if the information form is incomplete or incorrect, the consumer’s right of withdrawal shall be extended for one year from the end of the legal period. However, if the information form is provided correctly and completely within the extended withdrawal period of one year, the 30-day withdrawal period begins on the date the form is provided.
- Regulation Articles 16 and 17 regulate the exercise of the right of withdrawal and its effect on ancillary contracts. The consumer may exercise the right of withdrawal before the expiry of the withdrawal period by notifying the seller or direct sales company in writing or by means of a durable medium.The notification must include the seller’s name, surname, or title and seller number. The sample form in Appendix 1 of the Regulation may be used for the withdrawal notification, or the withdrawal decision may be communicated with a clear statement. The direct selling company is responsible for ensuring that consumers can easily access this form or information. When the right of withdrawal is exercised, ancillary contracts also terminate automatically and the consumer is not required to pay any costs, compensation, or penalties; the company or seller must immediately notify the third party who is a party to the ancillary contract of this situation.The burden of proof lies with the consumer.
- Regulation Article 18 specifies the exceptions to the right of withdrawal. Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the sale of the following goods or services:
- Goods prepared specifically for the individual,
- Perishable goods or products that may expire,
- Goods whose packaging has been opened and whose return is not suitable for health or hygiene reasons,
- Goods that, after delivery, have been mixed with other products and cannot be separated,
- Opened computer consumables,
- Periodicals such as newspapers and magazines that are outside the scope of a subscription,
- Services provided or intangible goods delivered instantly in electronic format,
- Services whose performance has begun with the consumer’s consent before the withdrawal period expires,
- Goods that have been installed or assembled (as specified in the promotional or user manual).
- Regulation Article 19 stipulates that direct sales company cannot charge consumers higher than standard telephone tariff for the telephone line it has allocated for consumers to contact . In addition, in the continuation clause, the company is obliged to establish an information system that will enable consumers to be informed and to communicate their requests by means such as mail, catalog, telephone, fax, e-mail, text message, or the Internet. In this system, the right of withdrawal and terms of use, withdrawal notification and return processes, access to the information form, product and service information, and direct seller information must be provided in full. Consumers should also be able to access the sample withdrawal form in Annex 1 of the Regulation through this system.
- Pursuant to Provisional Article 1, direct selling companies operating prior to the publication of the Regulation must apply for an authorization certificate by bringing their activities into compliance with the provisions of the Regulation by January 30, 2026.
The new regulation imposes significant obligations on companies operating in the direct sales sector in terms of capital structure, licensing, and consumer rights. In particular, extending the withdrawal period to 30 days is an important innovation in favor of consumers, and companies must update their contracts and return processes in accordance with this regulation.
The fifth and sixth paragraphs of Article 5 of the Regulation shall enter into force on January 1, 2026, while all other provisions shall be deemed to have entered into force on the date of publication.
You can access the full text of the Regulation at resmigazete.gov.tr/eskiler/2025/08/20250808-1.htm .
Best Regards,
Balay, Eryiğit & Erten
