RIGHT OF WITHDRAWAL
In accordance with the Law No. 6502 on the Protection of the Consumer ("Law"), it is the right of buyers to return products without showing any reason and "without paying shipping fees" by using their right of withdrawal within 30 days from the delivery date.
1. Consumer's Right of Withdrawal in Installment Sales Contracts;
The provisions regarding installment sales contracts are regulated in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.
The Regulation on Installment Sales 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 sales contract within seven days without showing any reason and without paying any penalty.
(2) The withdrawal period starts on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party determined by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.
(3) In contracts where the delivery of goods and the performance of services are carried out together, the provisions of the right of withdrawal regarding the delivery of goods shall apply.
(4) It is sufficient that the notification regarding the exercise of the right of withdrawal is directed to the seller or provider in writing or via a permanent data storage device 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 within the withdrawal period, the consumer can only use the goods to the extent required by an ordinary examination. An ordinary examination covers the initial inspection of the goods. In case of habitual use of the goods, the consumer cannot exercise the right of withdrawal.
(6) The consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has started with the consumer's approval before the expiry of the right of withdrawal period.
(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 regarding 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 price received and all kinds of documents putting the consumer under debt within seven days from the date the withdrawal notification reaches them, without imposing any cost on the consumer.
(2) The consumer who exercises the right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date they exercise 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 must bear the costs of returning the goods.
2. Consumer's Right of Withdrawal in Distance Contracts,
The provisions regarding Distance Contracts are explained in Article 48 of the Law.
Distance contracts, like contracts made outside the workplace, contain some risks for the consumer. While the defining characteristic of contracts made outside the workplace is that the parties meet physically outside the usual places of contract formation such as stores, the defining characteristic of distance contracts is that the parties never meet. The consumer, who concludes the contract from their home via means such as telephone, internet, or mail, does not even see the face of the seller or provider. As a matter of fact, the problem in such contracts is generally that the sales contract is concluded without much thought, without having sufficient information about the contract and the performance, without comparing the contract terms regarding the same type of goods or services offered in the market, and without seeing the goods at all. Therefore, in these cases as well, in order to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and the performance and to grant them a right of withdrawal, in accordance with the European Parliament and Council Directive 2011/83/EU on Consumer Rights dated 25/10/2011.
The Distance Contracts Regulation was published in the Official Gazette dated 27.11.2015.
According to this regulation, the Exercise 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 within fourteen days without showing any reason and without paying any penalty.
(2) The withdrawal period starts on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party determined by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.
(3) In determining the withdrawal period;
a) For goods that are the subject of a single order and delivered separately, the day on which the consumer or a third party determined by the consumer receives the last good,
b) For goods consisting of multiple parts, the day on which the consumer or a third party determined by the consumer receives the last part,
c) For contracts where regular delivery of goods is made for a certain period, the day on which the consumer or a third party determined by the consumer receives the first good is taken as a basis.
(4) The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
(5) In contracts where the delivery of goods and the performance of services are carried out together, the provisions of the right of withdrawal regarding the delivery of goods shall apply.
Incomplete 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 properly informed about the right of withdrawal, they are not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the expiration of the withdrawal period.
(2) If the proper information regarding the right of withdrawal is provided within the one-year period, the fourteen-day withdrawal period begins to run from the day this information is properly provided.
Exercise of the right of withdrawal
(1) It is sufficient that the notification regarding the exercise of the right of withdrawal is directed to the seller or provider in writing or via a permanent data storage device before the expiry of the withdrawal period.
(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or may make a clear statement declaring the decision to withdraw. The seller or provider may also offer an option on the website for the consumer to fill out this form or send the withdrawal statement. In case the right of withdrawal is offered to consumers via the website, the seller or provider is obliged to immediately transmit to the consumer the confirmation information that the withdrawal requests submitted by the consumers have reached them.
(3) In sales made via voice communication, the seller or provider is obliged to send the form in the ANNEX to the consumer at the latest until the delivery of goods or performance of services. The consumer may use this form to exercise the right of withdrawal in such sales, as well as the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal mentioned in this article belongs to the consumer.
Obligations of the seller or provider
(1) The seller or provider is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date the notification that the consumer has exercised their right of withdrawal reaches them.
(2) The seller or provider must make all refunds specified in the first paragraph at once, in accordance with the payment instrument used by the consumer during the purchase, and without imposing any cost or obligation on the consumer.
(3) In the exercise of the right of withdrawal, if the goods are returned via the carrier specified by the seller for the return within the scope of clause (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. If the seller has not specified any carrier for the return in the preliminary information, no fee can be requested from the consumer regarding the return cost. In case the carrier specified in the preliminary information for the return does not have a branch in the place where the consumer is located, the seller is obliged to ensure that the goods to be returned are picked up from the consumer without requesting any additional costs.
Obligations of the consumer
(1) Unless the seller or provider makes an offer to take back the goods themself, the consumer must return the goods to the seller or provider or the person they have authorized within ten days from the date they directed the notification regarding the exercise of the right of withdrawal.
(2) The consumer is not responsible for the changes and deterioration that occur if the goods are used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.
Effect of the exercise of the right of withdrawal on ancillary contracts
(1) Without prejudice to the provisions of Article 30 of the Law, in case the consumer exercises the right of withdrawal, ancillary contracts also terminate automatically. In this case, the consumer is not obliged to pay any costs, compensation, or penalties, except for the cases specified in the second paragraph of Article 13.
(2) The seller or provider must immediately notify the third party who is a party to the ancillary contract that the consumer has exercised their right of withdrawal.
Exceptions to the right of withdrawal
(1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's requests or personal needs.
c) Contracts regarding the delivery of goods that can deteriorate quickly or are likely to expire.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts regarding books, digital content, and computer consumables presented in a tangible medium, provided that protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription contract.
g) Contracts regarding accommodation, transport of goods, car rental, food and beverage supply, and leisure activities intended for entertainment or rest, which must be performed on a certain date or period.
ğ) Contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services whose performance has started with the consumer's approval before the expiry of the right of withdrawal period.