Pursuant to the Law No. 6502 on the Protection of Consumers ("Law"), buyers have the right to return the products within 14 days from the date of delivery without giving a reason and "without paying shipping fees" by using their right of withdrawal.

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

The provisions regarding instalment sales contracts are regulated under Article 17 of the Law, and the right of withdrawal is regulated under Article 18.

14.01.2015 dated Official Gazette published the Regulation on Sales Contracts in Instalments.

According to this;

Right of withdrawal

(1) The consumer has the right to withdraw from the instalment sales contract within seven days without giving any reason and without paying any penal clause.

(2) The right of withdrawal period shall commence on the day the contract is concluded for contracts relating to the performance of services; and on the day the consumer or the third party designated by the consumer takes delivery of the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

(3) In contracts where the delivery of goods and 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 addressed to the seller or the 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 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 may use the goods only to the extent required by an ordinary review. Ordinary review covers the first inspection of the goods. If the goods are used habitually, the consumer cannot exercise the right of withdrawal.

(6) Before the expiry of the right of withdrawal period, the consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has started with the consent of the consumer.

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

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

Consequences of exercising the right of withdrawal

(1) In the event that the consumer exercises his right of withdrawal, the seller or provider is obliged to return the price received and any documents that put the consumer under debt within seven days from the date of receipt of the withdrawal notification without any cost to the consumer.

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

(3) Cayma hakkının kullanılması durumunda tüketici, malın iade masraflarını yüklenmek zorundadır.

2.Consumer's Right of Withdrawal in Distance Contracts,

The provisions regarding distance contracts are explained in Article 48 of the Law.

Distance contracts, just like contracts concluded outside the workplace, involve certain risks for the consumer. While the decisive feature of off-site contracts is that the parties physically meet outside the usual places of contract formation such as stores, the decisive feature of distance contracts is that the parties do not meet at all. The consumer, who concludes the contract from his/her home by means of telephone, internet, letter, etc., does not even see the face of the seller or the supplier. As a matter of fact, the problem in such contracts is that a sales contract is concluded without much thought, without having sufficient information about the details of the contract and the performance, without making a comparison with the contract conditions for the same type of goods or services offered in the market, and without ever seeing the goods. Therefore, in these cases, in order to eliminate the lack of information, in accordance with the Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights dated 25/10/2011, it seems appropriate to enlighten the consumer about the contract and the performance and to give him a right of withdrawal.

On 27.11.2015, the Regulation on Distance Contracts was published in the Official Gazette.

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 any justification and without paying any penal clause.

(2) The right of withdrawal shall commence on the day of the conclusion of the contract in contracts relating to the performance of services, and on the day the consumer or the third party designated by the consumer takes delivery of the goods in contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

(3) In determining the right of withdrawal period

a) For goods that are the subject of a single order and delivered separately, the day the consumer or the third person designated by the consumer receives the last good,

b) For goods consisting of more than one part, the day the consumer or the third party designated by the consumer receives the last part,

c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party designated by the consumer receives the first goods shall be taken as the basis.

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

(5) In contracts where the delivery of goods and 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 has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he is not bound by the fourteen-day period to exercise his right of withdrawal. In any case, this period shall expire one year after the expiry of the withdrawal period.

(2) In the event that proper information on the right of withdrawal is provided within the one-year period, the fourteen-day right of withdrawal period starts to run from the day on which such information is duly provided.

Exercise of the right of withdrawal

(1) It is sufficient that the notification regarding the exercise of the right of withdrawal is addressed to the seller or provider in writing or by permanent data storage device before the expiry of the right of withdrawal period.

(2) In exercising the right of withdrawal, the consumer may use the form in the Annex or make an explicit declaration stating his/her 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 declaration. In the event that the right of withdrawal is offered to consumers via the website, the seller or provider must immediately notify the consumer of the confirmation that the withdrawal requests submitted by the consumers have reached them.

(3) In sales made through voice communication, the seller or provider is obliged to send the form in the Annex to the consumer until the delivery of the goods or performance of the service at the latest. 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 use of the right of withdrawal mentioned in this article belongs to the consumer.

Obligations of the seller or supplier

(1) The seller or provider is obliged to refund all payments collected, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the consumer has exercised the right of withdrawal.

 

(2) The seller or provider is obliged to make all refunds specified in the first paragraph in a single payment in accordance with the payment instrument used by the consumer when purchasing and without any cost or obligation to the consumer.

 

(3) In the exercise of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5, if the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the costs related to the return. In the event that the seller does not specify any carrier for return in the preliminary information, the consumer cannot be charged for the cost of return. In the event that the carrier specified in the preliminary information for return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods to be returned are collected from the consumer without any additional costs.

Obligations of the consumer

(1) Unless the seller or the supplier makes an offer that the consumer will take back the goods himself, the consumer is obliged to send the goods back to the seller or the supplier or the person authorised by the seller or the supplier within ten days from the date of the notification that he has exercised his right of withdrawal.

(2) If the consumer uses the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, the consumer is not responsible for the changes and deterioration that occur.

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

(1) Without prejudice to the provisions of Article 30 of the Law, if the consumer exercises his/her right of withdrawal, the ancillary agreements shall automatically terminate. In this case, the consumer is not liable to pay any expense, compensation or penal clause except for the cases specified in the second paragraph of Article 13.

(2) The seller or provider shall immediately notify the third party to the ancillary contract that the consumer has exercised his 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 for 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 for goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of perishable goods or goods that may expire.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

d) Contracts for the goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts for books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

g) Contracts for accommodation, goods transport, car hire, car hire, food and beverage supply and leisure time utilisation for entertainment or recreation, which must be made on a specific date or period.

ğ) Contracts for services performed instantly in electronic media or contracts for intangible goods delivered to the consumer instantly.