RIGHT OF WITHDRAWAL

Pursuant to the Law No. 6502 on the Protection of the Consumer ("Law"), it is the right of buyers to return products without giving any reason and without "paying a shipping fee" using their right of withdrawal within 14 days from the delivery date.


1. Consumer's Right of Withdrawal in Installment Sales Contracts;

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.

According to this;

Right of withdrawal

(1) The consumer has the right of withdrawal from the installment sales contract within seven days without citing any reason and without paying any penal clause.

(2) The right of withdrawal period begins on the day the contract is concluded in contracts regarding service performance; and in contracts regarding goods delivery, on the day the consumer or the third party designated by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the establishment of the contract to the delivery of the goods.

(3) In contracts where goods delivery and service performance are made together, the right of withdrawal provisions regarding goods delivery apply.

(4) It is sufficient that the notification that the right of withdrawal has been exercised is directed to the seller or provider in writing or via a permanent data storage device 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 only use the goods to the extent required for a regular inspection. Regular inspection covers the initial examination of the goods. In the event of customary use of the goods, the consumer cannot use the right of withdrawal.

(6) In service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period, the consumer cannot use the right of withdrawal.

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

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

Consequences of using the right of withdrawal

(1) If the consumer exercises their right of withdrawal, the seller or provider is obliged to return the price received and any document putting the consumer under debt within seven days from the date the withdrawal notification reaches them, without imposing any expenses on the consumer.

(2) The consumer who uses the right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date they use their right of withdrawal. Otherwise, the consumer is deemed not to have used their right of withdrawal.

(3) In the event that 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 distinguishing feature in contracts made outside the workplace is that the parties meet physically outside regular contract-making venues like stores, the distinguishing feature in distance contracts is that the parties never meet. The consumer who establishes the contract from their home via telephone, internet, letter, etc., 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 sufficient information about the details regarding the contract and performance, without making a comparison with the contract conditions regarding the same kind of goods or services offered in the market, and without even seeing the goods. Therefore, in these cases too, in order to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and performance and to grant them a right of withdrawal in accordance with the European Parliament and Council Directive 2011/83/EU dated 25/10/2011 on Consumer Rights.

The Regulation on Distance Contracts 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 giving any justification and without paying a penal clause.

(2) The right of withdrawal period begins on the day the contract is concluded in contracts regarding service performance; and in contracts regarding goods delivery, on the day the consumer or the third party designated by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the establishment of the contract to the delivery of the goods.

(3) In determining the right of withdrawal period;

a) In goods that are the subject of a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good is taken as the basis,

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

c) In contracts where regular delivery of the goods is made over a specific period, the day the consumer or the third party designated by the consumer receives the first good is taken as the basis.

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

(5) In contracts where goods delivery and service performance are made together, the right of withdrawal provisions regarding goods delivery 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 their right of withdrawal. This period expires one year after the end of the withdrawal period in any case.

(2) If the proper information regarding the right of withdrawal is provided within the one-year period, the fourteen-day right of 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 that the right of withdrawal has been exercised is directed to the seller or provider in writing or via a permanent data storage device before the right of withdrawal period expires.

(2) In exercising the right of withdrawal, the consumer can use the form included in the ANNEX as well as make an explicit declaration indicating their withdrawal decision. The seller or provider may also offer an option via the website for the consumer to fill out this form or send their withdrawal declaration. If the right of withdrawal is offered to consumers via the website, the seller or provider must immediately transmit to the consumer confirmation information that the withdrawal requests forwarded by the consumers have reached them.

(3) In sales made via voice communication, the seller or provider must send the form included in the ANNEX to the consumer at the latest until goods delivery or service performance. The consumer can use this form to exercise their 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 return all payments collected, including delivery costs of the goods to the consumer, if any, within fourteen days from the date the notification that the consumer has used their right of withdrawal reaches them.

(2) The seller or provider must make all the refunds specified in the first paragraph in a single payment, in accordance with the payment instrument used by the consumer during purchase, and without imposing any costs or obligations on the consumer.

(3) In exercising the right of withdrawal, under subparagraph (g) of the first paragraph of Article 5, if the goods are sent back via the carrier specified by the seller for return, the consumer cannot be held responsible for costs relating to the return. In the event that the seller does not specify any carrier for return in the preliminary information, no cost regarding the return expense can be demanded from the consumer. In the event that the carrier specified for return in the preliminary information does not have a branch at the consumer's location, the seller is obliged to ensure that the good requested to be returned is picked up from the consumer without demanding any additional costs.

Obligations of the consumer

(1) Unless the seller or provider makes an offer to take the goods back themselves, the consumer must send the goods back to the seller or provider or the person authorized by them within ten days from the date they directed the notification regarding the use of 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 their operation, technical specifications, and usage instructions within the withdrawal period.

Effect of the exercise of the right of withdrawal on ancillary contracts

(1) Reserving the provisions of Article 30 of the Law, in the event the consumer uses the right of withdrawal, ancillary contracts also terminate automatically. In this case, the consumer is not obliged to pay any cost, compensation, or penal clause, 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 use 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 easily perishable or rapidly expiring goods.

ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for 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 provided in tangible medium if the 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, other than those provided under a subscription contract.

g) Contracts regarding accommodation, transportation of goods, car rental, food and beverage supply, and the evaluation of leisure time for entertainment or recreational purposes, which must be made on a specific date or period.

ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts regarding services whose performance started with the approval of the consumer before the expiration of the right of withdrawal period.