DISTANCE CONTRACTS AND CONSUMER RIGHTS
In accordance with Law No. 6502 on Consumer Protection, consumers have the right to withdraw from the contract within 14 days from the date of delivery without specifying any reasons and "without bearing the cost of shipping" when returning the products.
Right of Withdrawal in Installment Sales Contracts:
The provisions regarding installment sales contracts are regulated in Article 17 of the Law, while 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 without giving any reason and without penalty within seven days.
(2) The withdrawal period begins on the day the contract is concluded for service contracts; in contracts for the delivery of goods, it begins on the day the consumer or the third party designated by the consumer receives the goods. However, the consumer can 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 both the delivery of goods and the provision of services are made together, the provisions regarding the withdrawal from the delivery of goods shall apply.
(4) Notification of the exercise of the right of withdrawal to the seller or provider in writing or through a durable medium within the withdrawal period is sufficient. The seller or provider is responsible for proving that the consumer has been informed of 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 necessary to inspect them. The usual inspection covers the initial examination of the goods. If the goods are used in the normal course, the consumer cannot exercise the right of withdrawal.
(6) In service contracts where the service has begun with the consumer's approval before the withdrawal period ends, the consumer cannot exercise the right of withdrawal.
(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 the Exercise of the Right of Withdrawal
(1) In the event of the consumer exercising the right of withdrawal, the seller or provider is obliged to refund all payments collected, including the costs of delivering the goods to the consumer, within seven days from the date the withdrawal notice is received.
(2) If the consumer exercises the right of withdrawal, the consumer is obliged to return the goods to the seller within seven days from the date of exercising the right of withdrawal. Otherwise, the consumer will be deemed not to have exercised the right of withdrawal.
(3) In case of exercising the right of withdrawal, the consumer is responsible for the return costs of the goods.
Consumer's Right of Withdrawal in Distance Contracts
The provisions regarding distance contracts are outlined in Article 48 of the Law.
Distance contracts, like contracts made outside the usual premises of a business, entail certain risks for consumers. The distinctive feature of contracts made outside business premises is the physical encounter of the parties beyond typical contract establishment venues, whereas in distance contracts, the parties do not physically meet at all. A consumer who enters into a contract from their home using means such as telephone, internet, or mail does not even see the face of the seller or provider. Indeed, the problem with such contracts often arises from entering into a sales contract without much thought, without sufficient knowledge about the details of the contract and performance, without comparing the contract terms for the same type of goods or services offered in the market, and without seeing the goods at all. Therefore, in these cases, it seems appropriate to address the lack of information by ensuring that consumers are informed about the contract and its performance, and by granting them a right of withdrawal, in compliance with 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 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 without stating any reasons and without paying any penalty within fourteen days.
(2) The withdrawal period starts on the day the contract is concluded for service contracts; for contracts concerning the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. However, the consumer can also exercise the right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.
(3) In determining the withdrawal period:
a) For goods that are delivered separately in multiple shipments but are ordered under a single order, the day the consumer or a third party designated by the consumer receives the last item shall be considered.
b) For goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part shall be considered.
c) For contracts where goods are delivered regularly for a certain period, the day the consumer or a third party designated by the consumer receives the first item shall be considered.
(4) The delivery of goods to the carrier by the seller is not considered as delivery to the consumer.
(5) In contracts where the delivery of goods and the provision of services are performed together, the provisions regarding the right of withdrawal concerning the delivery of goods 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. This period ends in any case one year after the expiration of the withdrawal period.
(2) If the information regarding the right of withdrawal is provided within one year, the fourteen-day withdrawal period starts from the day when this information is properly provided.
Exercise of the Right of Withdrawal
(1) Notification of the exercise of the right of withdrawal, before the expiration of the withdrawal period, addressed to the seller or provider in writing or through a durable medium, is sufficient.
(2) In exercising the right of withdrawal, the consumer may use the form provided in the Annex or make an explicit statement indicating the decision to withdraw. The seller or provider may also offer options via their website for the consumer to fill out this form or send the withdrawal declaration. In case the right of withdrawal is offered to consumers through a website, the seller or provider must immediately confirm to the consumer that their withdrawal request has been received.
(3) In sales made through voice communication, the seller or provider must send the form provided in the Annex to the consumer at the latest by the time of delivery of the goods or performance of the service. The consumer may use this form to exercise the right of withdrawal in such sales, or may use the methods described in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal as mentioned in this article lies with the consumer.
Obligations of the Seller or Provider
(1) The seller or provider is obliged to refund all payments received, including the costs of delivering the goods to the consumer, within fourteen days from the date they receive the notification of the exercise of the right of withdrawal.
(2) The seller or provider must make all refunds mentioned in the first paragraph in a manner compatible with the payment method used by the consumer when making the purchase, without imposing any expenses or obligations on the consumer.
(3) In the exercise of the right of withdrawal, if the goods are returned through a carrier specified by the seller, the consumer cannot be held responsible for the return costs. In cases where the seller does not specify any carrier for the return in the preliminary information, no charge can be requested from the consumer for the return costs. If the carrier specified in the preliminary information does not have a branch in the consumer's location, the seller is obliged to arrange for the collection of the goods to be returned from the consumer without any additional cost.
Consumer Responsibilities
(1) Unless the seller or provider has made an offer to retrieve the goods themselves, the consumer must return the goods to the seller or provider, or to the authorized person they have designated, within ten days from the date they sent the notification of exercising the right of withdrawal.
(2) If the consumer uses the goods within the withdrawal period in accordance with their functioning, technical specifications, and instructions for use, they shall not be liable for any changes or deterioration that may 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, ancillary contracts shall automatically terminate upon the consumer's exercise of the right of withdrawal. In this case, the consumer is not obliged to pay any expenses, compensation, or penalty, except for the cases specified in the second paragraph of Article 13.
(2) The seller or provider must immediately inform 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 related to goods or services whose prices are subject to fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts related to goods made to the consumer's specifications or clearly personalized.
c) Contracts related to the delivery of perishable goods or goods with an expiration date.
d) Contracts related to the delivery of sealed goods which are not suitable for return due to health or hygiene reasons and whose protective elements such as packaging, tape, seal, package have been opened after delivery.
e) Contracts related to the delivery of digital content which is not supplied on a tangible medium if the delivery has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.
f) Contracts related to the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.
g) Contracts for the provision of services for accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities if the contract provides for a specific date or period of performance.
h) Contracts for the provision of services where performance has begun with the consumer's prior express consent before the expiration of the withdrawal period.