In accordance with the Consumer Protection Law No. 6502 ("Law"), buyers have the right to return products without giving any reason and without "paying shipping fees" by exercising their right of withdrawal within 14 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 giving any reason and without paying any penalty.
(2) The right of withdrawal period begins on the day the contract is established in contracts regarding the performance of services; and on the day the consumer or the third party determined by the consumer receives the goods in contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.
(3) In contracts where the delivery of goods and the performance of services are made together, the right of withdrawal provisions 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 with a permanent data storer within the right of withdrawal period. The seller or provider is obliged to prove that the consumer was informed about the right of withdrawal.
(5) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer can use the goods only to the extent required by an ordinary inspection. Ordinary inspection covers the initial examination of the goods. In case of customary 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 approval of the consumer before the right of withdrawal period expires.
(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.
(8) The provisions on 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 their 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 expense 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 the right of withdrawal is exercised, the consumer must bear the return costs of the goods.
2. Consumer's Right of Withdrawal in Distance Contracts,
Provisions regarding Distance Contracts are explained in Article 48 of the Law.
Distance contracts, like contracts made outside the workplace, involve some risks for the consumer. While the defining feature of contracts made outside the workplace is the physical meeting of the parties outside the usual contract establishment venues such as stores, the defining feature of distance contracts is that the parties never meet. The consumer, who establishes the contract from their home through means such as telephone, internet, or letter, does not even see the face of the seller or provider. As a matter of fact, the problem in such contracts is that the sales contract is generally concluded without much thought, without having enough information about the details of the contract and performance, without making a comparison with 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, in order to eliminate the lack of information, it seems appropriate to enlighten the consumer about the contract and performance and to grant them a right of withdrawal in accordance with the Directive 2011/83/EU of the European Parliament and of the 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 within fourteen days without giving any reason and without paying any penalty.
(2) The right of withdrawal period begins on the day the contract is established in contracts regarding the performance of services; and on the day the consumer or the third party determined by the consumer receives the goods in contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.
(3) In determining the right of withdrawal period;
a) For goods subject to a single order and delivered separately, the day the consumer or the third party determined by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where regular delivery of the goods is made for a certain period, the day the consumer or the 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 a delivery made to the consumer.
(5) In contracts where the delivery of goods and the performance of services are made together, the right of withdrawal provisions regarding the delivery of goods shall apply.
Incomplete information
(1) The seller or provider is obliged to prove that the consumer was 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 date the withdrawal period ends.
(2) If proper information regarding the right of withdrawal is provided within the one-year period, the fourteen-day right of withdrawal period starts running 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 with a permanent data storer before the right of withdrawal period expires.
(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or make a clear declaration notifying the withdrawal decision. The seller or provider may also offer an option on the website for the consumer to fill out this form or send the withdrawal declaration. In case the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send a confirmation to the consumer that the withdrawal requests submitted by the consumers have reached them.
(3) In sales made via voice communication, the seller or provider must send the form in the ANNEX to the consumer at the latest until the delivery of the goods or the performance of the service. The consumer can use this form to exercise the right of withdrawal in such sales as well as use 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 refund 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 the refunds specified in the first paragraph in a single transaction, in a way suitable for the payment instrument used by the consumer during the purchase, and without imposing any expense 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 subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the return costs. In case the seller does not specify any carrier for the return in the preliminary information, no fee regarding the return cost can be demanded from the consumer. In case the carrier specified in the preliminary information for the return does not have a branch at the consumer's location, the seller is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional cost.
Obligations of the consumer
(1) Unless the seller or provider makes an offer to take back the goods themselves, the consumer must return the goods to the seller or provider or the person authorized by them within ten days from the date they directed the notification that they exercised the right of withdrawal.
(2) The consumer is not responsible for any changes and deteriorations that occur if they use the goods in accordance with its functioning, technical specifications, and user instructions within the withdrawal period.
Effect of the exercise of the right of withdrawal on ancillary contracts
(1) Provided that the provisions of Article 30 of the Law are reserved, in case the consumer exercises the right of withdrawal, the ancillary contracts also terminate automatically. In this case, the consumer is not obliged to pay any expense, compensation, or penalty other than 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 prices change depending on fluctuations in the 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 wishes or personal needs.
c) Contracts regarding the delivery of goods that can spoil quickly or whose expiration date may pass.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
d) Contracts regarding goods that mix with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content, and computer consumables offered in a material environment if protective elements such as packaging, tape, seal, or package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts regarding accommodation, transportation of goods, car rental, food and beverage supply, and the evaluation of leisure time for entertainment or rest purposes, which must be made on a specific 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 approval of the consumer before the right of withdrawal period expires.