Right of Withdrawal

Pursuant to Law No. 6502 on the Protection of Consumers ("the Law"), buyers have the right to withdraw from a purchase within 14 days of the delivery date without providing any reason and without paying shipping costs.

1. Right of Withdrawal in Installment Sale Contracts

Provisions concerning installment sale contracts are set out in Article 17 of the Law, while the right of withdrawal is regulated by Article 18.

The Regulation on Installment Sale Contracts was published in the Official Gazette on 14 January 2015.

Accordingly:

Right of Withdrawal

1. The consumer has the right to withdraw from the installment sale contract within seven days without giving any reason and without paying any penalty.

2. The withdrawal period begins on the date the contract is established for service contracts, and on the date the goods are received by the consumer or a third party designated by the consumer for goods contracts. However, the consumer may also exercise the right of withdrawal during the period between the contract’s conclusion and the delivery of the goods.

3. In contracts involving both delivery of goods and provision of services, the withdrawal rules applicable to goods shall apply.

4. A notice of withdrawal within the withdrawal period sent to the seller or provider in writing or via a durable medium 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 may only use the goods to the extent necessary for a customary inspection. Customary inspection covers initial evaluation. If the goods are used in a manner beyond this, the right of withdrawal cannot be exercised.

6. In service contracts that have commenced with the consumer's consent before the withdrawal period ends, the consumer cannot use the right of withdrawal.

7. The right of withdrawal cannot be used in financial leasing transactions initiated by the consumer.

8. The provisions of the Law relating to other contracts that are in favor of the consumer remain reserved.
   
   

Consequences of Withdrawal

1. If the consumer exercises the right of withdrawal, the seller or provider must, within seven days of receiving the withdrawal notice, return all payments received, including any documents that place the consumer under an obligation, without imposing any cost to the consumer.

2. The consumer must return the goods subject to the contract within seven days from the date the withdrawal notice is sent. Otherwise, the consumer is deemed not to have exercised the right of withdrawal.

3. In the event of withdrawal, the consumer is responsible for the costs of returning the goods.
   
   
   

   2. Right of Withdrawal in Distance Contracts

   The provisions concerning Distance Contracts are explained in Article 48 of the Law.

   Distance contracts, like off-premises contracts, carry certain risks for the consumer. In off-premises contracts, the defining feature is that the parties physically meet outside usual contract spaces like stores. In distance contracts, however, the parties do not meet at all. The consumer enters into the contract via phone, internet, or mail without even seeing the seller or provider.

   These contracts are often made hastily, without sufficient knowledge of the terms or ability to compare them with similar goods or services. Therefore, in accordance with the EU Directive 2011/83/EU of 25 October 2011, it is considered appropriate to inform the consumer and provide a right of withdrawal.

   The Regulation on Distance Contracts was published in the Official Gazette on 27 November 2015.

   According to this regulation, the Use of the Consumer’s Right of Withdrawal and the Obligations of the Parties are as follows:
   
   
   

   Right of Withdrawal

   1. The consumer has the right to withdraw from the contract within fourteen days without giving any reason or incurring any penalty.

   2. The withdrawal period begins on the contract date for service contracts, and on the date the goods are received by the consumer or a third party designated by the consumer for goods contracts. However, the consumer may also exercise the right of withdrawal during the period between the contract’s conclusion and delivery.

   3. In determining the withdrawal period:
      a) For orders consisting of multiple items delivered separately, the date the last item is received.
      b) For goods delivered in multiple lots or pieces, the date the final lot or piece is received.
      c) For contracts involving regular delivery of goods over time, the date the first delivery is received.

   4. Delivery of the goods to the carrier by the seller is not considered delivery to the consumer.

   5. In contracts that involve both delivery of goods and provision of services, the rules for goods shall apply.

   Incomplete Disclosure

   1. The seller or provider is responsible for proving the consumer was informed of the right of withdrawal. If the consumer is not properly informed, the 14-day period does not apply. In this case, the withdrawal period ends one year after the initial period would have ended.

   2. If proper disclosure is made within this one-year period, the 14-day withdrawal period starts from the date of proper disclosure.
      
      
      

   Exercise of the Right of Withdrawal

   1. A written notice or a notice via a durable medium sent to the seller or provider before the end of the withdrawal period is sufficient.

   2. The consumer may use the withdrawal form in the annex or make a clear declaration of the decision to withdraw. If the seller offers an online withdrawal option, they must immediately confirm receipt of the consumer’s withdrawal request.

   3. In sales made via voice communication, the seller must provide the withdrawal form to the consumer by the time of delivery or service. The consumer may use the form or the methods mentioned above.

   4. The consumer is responsible for proving that the right of withdrawal was used.
      
      
      

   Seller or Provider’s Obligations

   1. The seller or provider must refund all payments, including delivery costs, within 14 days of receiving the withdrawal notice.

   2. All refunds must be made using the same payment method used by the consumer and in a single transaction without any cost to the consumer.

   3. If the return is made via the carrier specified by the seller in the preliminary information, the consumer cannot be charged for return shipping. If the seller has not specified a return carrier, no return shipping fee may be charged. If the specified carrier has no branch in the consumer’s area, the seller must collect the goods without additional cost.
      
      
      

   Consumer’s Obligations

   1. Unless the seller offers to collect the goods, the consumer must return them within ten days from the withdrawal notice.

   2. The consumer is not responsible for changes or deterioration in the goods if used according to their operation, technical features, and usage instructions during the withdrawal period.
      
      
      

   Effect of Withdrawal on Ancillary Contracts

   1. Ancillary contracts automatically terminate when the consumer withdraws from the main contract, except in the cases specified in Article 13(2). The consumer shall not bear any costs or penalties.

   2. The seller or provider must immediately notify any third party involved in the ancillary contract of the withdrawal.
      
      
      

   Exceptions to the Right of Withdrawal

   Unless otherwise agreed, the right of withdrawal cannot be exercised in the following contracts:

   a) Goods or services whose prices fluctuate in financial markets beyond the seller’s control.

   b) Goods made to the consumer’s specifications or clearly personalized.

   c) Perishable goods or those with a limited shelf life.

   d) Goods which are not suitable for return due to health or hygiene reasons and were unsealed after delivery.

   e) Goods which are mixed inseparably with other items after delivery.

   f) Sealed books, digital content, or computer supplies if unsealed after delivery.

   g) Delivery of newspapers or magazines except under subscription.

   h) Services related to accommodation, transport of goods, car rental, catering, or leisure activities to be carried out on a specific date or period.

   ı) Digital content not supplied on a tangible medium, delivered instantly.

   i) Services started with the consumer’s consent before the end of the withdrawal period.