Pursuant to the Law No. 6502 on the Protection of Consumers (“Law”), it is the right of buyers to return products without giving any reason by exercising their right of withdrawal within 14 days from the date of delivery.

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. The Regulation on Instalment 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 instalment sales contract within seven days without stating any reason and without paying any penalty.
(2) The withdrawal period begins on the day the contract is concluded for contracts relating to the performance of services; and on the day the consumer or a 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 during the period from the conclusion of the contract until the delivery of the goods.
(3) In contracts where the delivery of goods and the performance of services are carried out together, the provisions on the right of withdrawal relating to the delivery of goods shall apply.
(4) It is sufficient that the notice of exercising the right of withdrawal is directed to the seller or the provider in writing or via a durable data medium within the withdrawal period. The seller or the provider is obliged to prove that the consumer has been informed about the right of withdrawal.
(5) If the seller delivers the goods to the consumer within the withdrawal period, the consumer may use the goods only to the extent necessary for an ordinary inspection. An ordinary inspection covers the initial examination of the goods. If the goods are used customarily, the consumer cannot exercise the right of withdrawal.
(6) The consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has started with the consumer’s approval before the end of the withdrawal period.
(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.
(8) Provisions on the right of withdrawal in favour of the consumer regarding other contracts regulated by the Law are reserved.

Consequences of exercising the right of withdrawal
(1) If the consumer exercises the right of withdrawal, the seller or the provider is obliged to refund the price received and return any documents that place the consumer under debt, within seven days from the date the withdrawal notice reaches the seller/provider, without imposing any costs on the consumer.
(2) The consumer who exercises the right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date on which the right of withdrawal is exercised. Otherwise, the consumer shall be deemed not to have exercised the right of withdrawal.
(3) If the right of withdrawal is exercised, the consumer must bear the costs of returning the goods.

2. Consumer’s Right of Withdrawal in Distance Contracts
The provisions regarding distance contracts are explained in Article 48 of the Law. Distance contracts, like off-premises contracts, involve certain risks for consumers. In off-premises contracts, the defining feature is that the parties physically meet outside ordinary contract-conclusion places such as stores, whereas in distance contracts, the defining feature is that the parties never meet. The consumer who concludes the contract from home via telephone, internet, letter, etc., does not even see the seller’s or provider’s face.

Indeed, problems in such contracts generally arise because the sales contract is concluded without sufficient consideration, without having adequate information about the details of the contract and the performance, without comparing the contractual conditions with those of similar goods or services offered in the market, and without seeing the goods. Therefore, in such cases, in order to remedy the lack of information and in line with Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights dated 25/10/2011, it appears appropriate to inform the consumer about the contract and the performance and to grant a right of withdrawal.

The Regulation on Distance Contracts was published in the Official Gazette dated 27.11.2015. 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 stating any reason and without paying any penalty.
(2) The withdrawal period begins on the day the contract is concluded for contracts relating to the performance of services; and on the day the consumer or a 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 during the period from the conclusion of the contract until the delivery of the goods.
(3) In determining the withdrawal period:
a) For goods subject to a single order but delivered separately, the day on which the consumer or the third party designated by the consumer takes delivery of the last good,
b) For goods consisting of more than one piece, the day on which the consumer or the third party designated by the consumer takes delivery of the last piece,
c) For contracts where goods are delivered regularly over a certain period, the day on which the consumer or the third party designated by the consumer takes delivery of the first good
shall be taken as the basis.
(4) Delivery of the goods by the seller to the carrier shall not be deemed delivery to the consumer.
(5) In contracts where the delivery of goods and the performance of services are carried out together, the provisions on the right of withdrawal relating to the delivery of goods shall apply.

Insufficient information
(1) The seller or the 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, the consumer shall not be bound by the fourteen-day period for exercising the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.
(2) If the consumer is duly informed about the right of withdrawal within the one-year period, the fourteen-day withdrawal period starts to run from the day on which such information is duly given.

Exercise of the right of withdrawal
(1) It is sufficient that the notice of exercising the right of withdrawal is directed to the seller or the provider in writing or via a durable data medium before the expiry of the withdrawal period.
(2) In exercising the right of withdrawal, the consumer may use the form included in the Annex, or may make an explicit statement indicating the decision to withdraw. The seller or the provider may also provide an option on the website for the consumer to fill in this form or submit the withdrawal statement. If the right of withdrawal is offered via the website, the seller or the provider must immediately send the consumer a confirmation that the withdrawal request has been received.
(3) In sales made via voice communication, the seller or the provider must send the form included in the Annex to the consumer at the latest by the delivery of the goods or the performance of the service. In such sales, the consumer may use this form or the methods specified 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 the provider is obliged to refund all payments collected, including the delivery costs of the goods to the consumer (if any), within fourteen days from the date the notice of withdrawal reaches the seller/provider.
(2) The seller or the provider must make all refunds specified in the first paragraph, in a single payment, by using a method suitable for the payment instrument used by the consumer at the time of purchase, without imposing any cost or obligation on the consumer.
(3) In the exercise of the right of withdrawal, if the goods are returned via the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for return costs. If the seller did not specify any carrier for return in the preliminary information, no return cost can be charged to the consumer. If the specified carrier does not have a branch in the consumer’s location, the seller must arrange for the collection of the goods to be returned from the consumer without requesting any additional cost.

Obligations of the consumer
(1) Unless the seller or provider offers to collect the goods, the consumer must send the goods to the seller/provider or to a person authorised by them within ten days from the date on which the consumer directs the notice of withdrawal.
(2) The consumer is not responsible for changes and deterioration that occur if the goods are used in accordance with their operation, technical specifications and instructions for use within the withdrawal period.

Effect of withdrawal on ancillary contracts
(1) Without prejudice to the provisions of Article 30 of the Law, if the consumer exercises the right of withdrawal, ancillary contracts shall also terminate automatically. In this case, the consumer is not obliged to pay any costs, compensation or penalty, except for the cases specified in the second paragraph of Article 13.
(2) The seller or the provider must immediately notify the third party who is a party to the ancillary contract that the consumer has exercised the 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 relating to goods or services whose price depends on fluctuations in financial markets that are outside the control of the seller/provider.
b) Contracts relating to goods prepared in accordance with the consumer’s wishes or personal needs.
c) Contracts relating to the delivery of goods that may perish quickly or whose expiry date may pass.
ç) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, packet, etc. have been opened after delivery and whose return is not suitable in terms of health and hygiene.
d) Contracts relating to goods that, after delivery, are mixed with other products and cannot be separated by their nature.
e) Contracts relating to books, digital content and computer consumables supplied in a tangible medium, provided that protective elements such as packaging, tape, seal, packet, etc. have been opened after delivery.
f) Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
g) Contracts relating to accommodation, carriage of goods, car rental, catering, and leisure activities for entertainment or recreation, which must be performed on a specific date or period.
ğ) Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts relating to services whose performance has started with the consumer’s approval before the end of the withdrawal period.