In accordance with the Consumer Protection Law No. 6502 ("Law"), from the date of delivery of the buyers Within 14 days cay is the right to return the products without giving reasons and "without paying the shipping fee" by using its rights.
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 Installment Sales Agreements was published in the Official Gazette dated 14.01.2015.
Accordingly;
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 is the day the contract is established in contracts related to the performance of service; 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 where 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 provider 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 a regular 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 service contracts where the performance of the service has started with the approval of the consumer.
(7) The right of withdrawal cannot be used 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 case the consumer uses his right of withdrawal, the price received within seven days from the date of receipt of the seller or supplier's withdrawal notification and any document that puts the consumer in debt, is obliged to return it to the consumer without any cost.
(2) The consumer, who uses the right of withdrawal, is obliged to return the contractual goods to the seller within seven days from the date of using the 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 involve some risks for the consumer. While the determining feature in contracts concluded outside the workplace is that the parties physically meet outside 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 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 adequate knowledge of the details of the contract and 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 order to eliminate the lack of information in these cases, 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 of the Council No. 2011/83/EU on Consumer Rights dated 25/10/2011.< /p>
In the Official Gazette dated 27.11.2015 Distance Contracts Regulation has been published.< /span>
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 is the day the contract is established in contracts related to the performance of service; 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 right of withdrawal;
a) In the case of goods delivered separately and subject to a single order, the day the consumer or the third party determined by the consumer receives the last product,
b) For goods consisting of more than one piece, the day the consumer or the third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or the third party determined by the consumer receives the first goods
based on.
(4) Delivery of the goods by the seller to the carrier is not considered a delivery to the consumer.
(5) In contracts where 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.
Missing information
(1) The seller or supplier 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, he is not bound for a period of fourteen days to use the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.
(2) In the event that the necessary notification about the right of withdrawal is made within one year, the fourteen-day right of withdrawal begins to run from the day this notification is duly made.
Exercise of the right of withdrawal
(1) It is sufficient to send the notification of the use of the right of withdrawal to the seller or provider in writing or with a permanent data storage, before the right of withdrawal expires.
(2) In the exercise of the right of withdrawal, the consumer can use the form in the ANNEX or make a clear statement of the decision to withdraw. The seller or the provider may also offer an option on the website so that the consumer can fill out this form or send the withdrawal statement. In the event that consumers are offered the right of withdrawal via the website, the seller or the provider must immediately convey to the consumer the confirmation that the withdrawal requests submitted by the consumers have been received.
(3) In sales made via voice communication, the seller or the provider must send the form in the APPENDIX to the consumer, at the latest, until the delivery of the goods or the performance of the service. The consumer can use this form to use the right of withdrawal in such sales, as well as the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the consumer.
Liabilities of the seller or supplier
(1) The seller or the supplier, within fourteen days from the date on which the notification regarding the use of the consumer's right of withdrawal, is received, including the delivery costs of the goods to the consumer, if any. obliged to return all payments.
(2) The seller or the provider shall pay all the refunds specified in the first paragraph in one go, in accordance with the payment instrument used by the consumer and without incurring any expense or obligation to the consumer.
(3) In the exercise of the right of withdrawal, in the case of returning the goods through the carrier specified by the seller for return, within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer is liable for the costs related to the return. cannot be held responsible. In the event that the seller does not specify any carrier for the return in the preliminary notification, no charge can be claimed from the consumer for the return cost. In the event that the carrier specified in the preliminary notification for the return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods to be returned are received from the consumer without demanding any additional costs.
Consumer's obligations
(1) Unless the seller or the supplier makes an offer to take the goods back, the consumer delivers the goods to the seller or supplier within ten days from the date on which he or she receives the notification of exercising the right of withdrawal, or has to send it back to the person it has authorized.
(2) The consumer is not responsible for any changes and deteriorations that occur if he/she uses the product in accordance with its functioning, technical specifications and usage instructions within the withdrawal period.
The effect of the use of the right of withdrawal on subcontracts
(1) Provided that the provisions of Article 30 of the Law are reserved, subcontracts automatically terminate if the consumer uses his right of withdrawal. In this case, the consumer is not obliged to pay any costs, compensation or penal clauses, except for the cases specified in the second paragraph of Article 13.
(2) The seller or the provider must immediately notify the third party, which is a party to the subcontract, that the consumer has exercised his right of withdrawal.
Exceptions to the right of withdrawal
(1) Unless agreed otherwise by the parties, the consumer cannot exercise the right of withdrawal for the following contracts:
a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the vendor 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 or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
e) Contracts for books, digital content and computer consumables presented in material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.< /span>
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Contracts for accommodation, transport, car rental, catering, and leisure for entertainment or recreation, which must be made on a specific date or period .
ğ) Contracts for instantaneous electronic services or intangible goods delivered instantly to the consumer.
h) Contracts for services that are started with the approval of the consumer, before the expiry of the right of withdrawal.
ı) Cargo belongs to the buyer in the purchases made from the campaign products and categories.