Pursuant to the Law No. 6502 on the Protection of the Consumer ("Law"), it is the right of the buyers to return the products within 14 days from the delivery date by using their right of withdrawal, without giving any reason and "without paying the shipping fee".
1. Consumer's Right of Withdrawal in Installment Sales Contracts;
Provisions regarding sales in installments are regulated in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.
The Regulation on Contracts for Sale by Installments was published in the Official Gazette dated 14.01.2015.
According to this;
right of withdrawal
(1) The consumer has the right to withdraw from the sales contract in installments within seven days without giving any reason and without paying any penalty.
(2) The term of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
(3) In the contracts in which the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods are applied.
(4) It is sufficient that the notification regarding the exercise of the right of withdrawal is addressed to the seller or supplier in writing or with a permanent data storage within the period of the right of withdrawal. The seller or the 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. The regular review includes the initial inspection of the property. In case the goods are used as usual, the consumer cannot use the right of withdrawal.
(6) Before the expiry of the right of withdrawal, the consumer cannot use the right of withdrawal in the service contracts where the performance of the service has started with the approval of the consumer.
(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.
(8) The provisions of 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 the event that the consumer exercises his right of withdrawal, the seller or the provider is obliged to return the price he has received and any document that puts the consumer in debt within seven days from the date of receipt of the withdrawal notice, without incurring any expense to the consumer.
(2) The consumer, who uses his right of withdrawal, is obliged to return the contractual goods to the seller within seven days from the date of exercising his right of withdrawal. Otherwise, the consumer is deemed not to have used his right of withdrawal.
(3) In case of exercising the right of withdrawal, the consumer has to bear the costs of returning 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, also contain some risks for the consumer. While the determining feature in contracts made outside the workplace is that the parties physically meet outside of the usual contracting places such as a store, the decisive feature in distance contracts is that the parties never meet. The consumer, who concludes the contract from his 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 contract of sale is concluded without much thought, without having enough information about the contract and the details of the performance, without comparing the contract conditions for the same type of goods or services offered in the market, without seeing the goods at all. Therefore, in these cases, in order to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and performance and to give him a right of withdrawal in accordance with the Directive of the European Parliament and the Council No. 2011/83/EU on Consumer Rights dated 25/10/2011.
Distance Contracts Regulation was published in the Official Gazette dated 27.11.2015.
According to this regulation, 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 term of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) The day on which the consumer or the third party determined by the consumer receives the final goods, for the goods that are the subject of a single order and delivered separately,
b) In the case of goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the consumer or the