In accordance with the Law No. 6502 on the Protection of Consumers ("Law"), buyers have the right to return products without stating a reason and "without paying shipping costs" within 14 days from the date of delivery by exercising their right of withdrawal.

 

1. Consumer's Right of Withdrawal in Installment Sale Contracts

Provisions related to installment sale contracts are regulated in Article 17 of the Law, while the right of withdrawal is regulated in Article 18.

The Regulation on Installment Sale Contracts was published in the Official Gazette dated 14.01.2015.

Accordingly;

Right of Withdrawal

(1) The consumer has the right to withdraw from the installment sale contract without stating any reason and without paying a penalty within seven days.

(2) The withdrawal period starts from the day the contract is established for service contracts; in the case of contracts for the delivery of goods, it starts from the day the consumer or a third party designated by the consumer receives the goods. However, the consumer can also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

(3) In contracts where the delivery of goods and the provision of services are executed together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.

(4) It is sufficient for the notification of the use of the right of withdrawal to be directed to the seller or provider in writing or via a durable data carrier within the withdrawal period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.

(5) If the seller has delivered the goods to the consumer during the withdrawal period, the consumer may only use the goods to the extent required for a normal examination. A normal examination covers the initial inspection of the goods. If the goods are used in a regular manner, the consumer cannot exercise the right of withdrawal.

(6) In service contracts for which the performance has started with the consumer's approval before the withdrawal period expires, the consumer cannot exercise the right of withdrawal.

(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

(8) The provisions regarding the right of withdrawal in favor of the consumer concerning other contracts regulated in the Law are reserved.

Consequences of Exercising the Right of Withdrawal

(1) In case the consumer exercises the right of withdrawal, the seller or provider is obliged to return the amount received and any documents that place the consumer under obligation within seven days from the date the withdrawal notification reaches them, without imposing any costs on the consumer.

(2) The consumer who exercises the right of withdrawal is obliged to return the goods within seven days from the date of exercising the right of withdrawal. Otherwise, the consumer is deemed not to have exercised the right of withdrawal.

(3) In case of exercising the right of withdrawal, the consumer is obliged to bear the return costs of the goods.

 

2. Consumer's Right of Withdrawal in Distance Contracts

Provisions related to Distance Contracts are explained in Article 48 of the Law.

Distance contracts, like contracts made outside the workplace, also involve certain risks for the consumer. In contracts made outside the workplace, the decisive feature is that the parties physically meet outside ordinary contract formation places such as stores, while in distance contracts, the decisive feature is that the parties do not meet at all. The consumer who establishes the contract from home through means such as phone, internet, or letter does not even see the seller or provider. Indeed, the problem in such contracts is generally that the sale contract is concluded without much thought, without sufficient information about the details of the contract and the performance, and without comparing the contract conditions for the same type of goods or services offered in the market, with the goods not being seen at all. Therefore, in these cases, in order to eliminate the information deficiency, it seems appropriate for the consumer to be informed about the contract and performance and to be given a right of withdrawal in accordance with the Directive 2011/83/EU of the European Parliament and Council on Consumer Rights dated 25/10/2011.

The Regulation on Distance Contracts was published in the Official Gazette dated 27.11.2015.

According to this regulation, the Use of the Consumer's Right of Withdrawal and the Obligations of the Parties are determined as follows.

Right of Withdrawal

(1) The consumer has the right to withdraw from the contract without stating any reason and without paying a penalty within fourteen days.

(2) The withdrawal period starts from the day the contract is established for service contracts; in contracts for the delivery of goods, it starts from the day the consumer or a third party designated by the consumer receives the goods. However, the consumer can also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

(3) In determining the withdrawal period;

a) In goods subject to a single order delivered separately, the day the consumer or a third party designated by the consumer receives the last good,

b) In goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part,

c) In contracts for regular delivery of goods over a certain period, the day the consumer or a third party designated by the consumer receives the first good

is taken as the basis.

(4) The delivery of the goods to the carrier by the seller is not considered as delivery to the consumer.

(5) In contracts where the delivery of goods and the provision of services are executed together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.

Insufficient Information

(1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not adequately informed about the right of withdrawal, they are not bound by the fourteen-day period to exercise the right of withdrawal. This period shall expire one year after the date on which the withdrawal period ends in any case.

(2) If the adequate information regarding the right of withdrawal is provided within one year, the fourteen-day withdrawal period shall start from the day this information is properly provided.

Use of the Right of Withdrawal

(1) It is sufficient for the notification of the use of the right of withdrawal to be directed to the seller or provider in writing or via a durable data carrier before the withdrawal period expires.

(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or may also make a clear declaration notifying the decision to withdraw. The seller or provider may also provide options on their website for the consumer to fill out this form or send the withdrawal declaration. If the right of withdrawal is offered to consumers through the website, the seller or provider must immediately send a confirmation of receipt of the withdrawal requests submitted by consumers.

(3) In sales made through voice communication, the seller or provider must send the form in the ANNEX to the consumer no later than the delivery of the goods or the provision of the service. In such sales, the consumer can also use this form to exercise the right of withdrawal, as well as the methods in the second paragraph.

(4) The burden of proof regarding the use of the right of withdrawal mentioned in this article lies with the consumer.

Obligations of the Seller or Provider

(1) The seller or provider is obliged to refund all payments collected, including, if any, the costs of delivering the goods to the consumer, within fourteen days from the date the notification of the consumer's exercise of the right of withdrawal reaches them.

(2) The seller or provider is obliged to make all refunds specified in the first paragraph in a single transaction, in a manner compatible with the payment method used by the consumer when purchasing, and without imposing any costs or obligations on the consumer.

(3) In the exercise of the right of withdrawal, if the goods are sent back through the carrier specified by the seller for returns under clause (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the return costs. If the seller did not specify any carrier for the return in the preliminary information, no fee can be requested from the consumer regarding the return cost. If the carrier specified in the preliminary information for the return does not have a branch in the consumer's location, the seller is obliged to ensure the collection of the goods to be returned from the consumer without requesting any additional costs.

Obligations of the Consumer

(1) Unless the seller or provider offers to collect the goods themselves, the consumer is obliged to return the goods to the seller or provider or to the person authorized by them within ten days from the date of notification of the exercise of the right of withdrawal.

(2) The consumer is not responsible for any changes and damages that occur if they use the goods in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.

Effects of Exercising the Right of Withdrawal on Ancillary Contracts