Right of Withdrawal
The Consumer's 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 within seven days without stating any reason and without paying any penalty.
(2) The withdrawal period starts on the day the contract is established for service-related contracts; for contracts related to 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 establishment of the contract until the delivery of the goods.
(3) 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.
(4) Notification to the seller or provider in writing or through a durable medium within the withdrawal period is sufficient to exercise the right of withdrawal. The seller or provider is responsible for proving 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 only use the goods to the extent necessary to inspect them. The ordinary inspection covers the initial examination of the goods. If the goods are used in a customary manner, the consumer cannot exercise the right of withdrawal.
(6) In service contracts where the service has commenced with the consumer's approval before the end of the withdrawal period, 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 in favor of the consumer regarding the right of withdrawal in 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 provider is obliged to refund the amount received and any document that puts the consumer in debt to the consumer within seven days from the date of receipt of the withdrawal notification, without imposing any expenses 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 of exercising the right of withdrawal. Otherwise, the consumer will be deemed not to have exercised the right of withdrawal.
(3) In the event of exercising the right of withdrawal, the consumer is responsible for bearing the return costs of the goods.
Right of Withdrawal in Distance Contracts
The provisions related to distance contracts are explained in Article 48 of the Law.
Distance contracts, like contracts made outside of business premises, contain certain risks from the consumer's perspective. While the defining characteristic of contracts made outside business premises is the physical encounter of the parties beyond regular contract venues like a store, the defining feature of distance contracts is the absence of any physical encounter between the parties. The consumer concluding a contract through means such as phone, internet, or mail from their home does not even see the face of the seller or provider. In fact, in these types of contracts, the problem often arises from sales agreements being made without much thought, without sufficient knowledge about the contract and performance details, and without comparing contract terms for similar goods or services available in the market, all while the goods are not physically inspected. Therefore, in such cases, in order to address the lack of information, it seems appropriate to inform the consumer about the contract and performance rights in accordance with Directive 2011/83/EU of the European Parliament and of the Council dated 25/10/2011 concerning consumer rights and to grant them a right of withdrawal.
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:
(1) The consumer has the right to withdraw from the contract within fourteen days without stating any reason and without paying any penalty.
(3) In determining the withdrawal period:
a) In cases where there is a single order but the goods are delivered separately, the day the consumer or a third party designated by the consumer receives the last item.
b) In the case of goods consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part.
c) In contracts where the delivery of goods is made regularly for a specific period, the day the consumer or a third party designated by the consumer receives the first item shall be taken into account.
Exercise of the Right of Withdrawal
(1) Notification to the seller or provider in writing or through a durable medium before the expiration of the withdrawal period is sufficient to indicate the exercise of the right of withdrawal.
(2) In exercising the right of withdrawal, the consumer may use the form included in the Annex, or make an explicit statement notifying the decision to withdraw. The seller or provider may also provide an option on their website for the consumer to fill out this form or submit their withdrawal statement. If the right of withdrawal is offered to consumers through the website, the seller or provider is obliged to immediately confirm to the consumer the receipt of the withdrawal requests sent by consumers.
(3) In sales made via voice communication, the seller or provider must send the form included in the Annex to the consumer at the latest by the time of delivery of the goods or provision of services. In such sales, the consumer can use this form to exercise the right of withdrawal or use the methods specified in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal 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 on which the notification of the exercise of the right of withdrawal is received.
(2) The seller or provider must make all refunds mentioned in the first paragraph in a manner suitable for the payment method used by the consumer at the time of purchase, without imposing any expenses or obligations on the consumer.
(3) In the exercise of the right of withdrawal, in the scope of paragraph (g) of Article 5, if the seller specifies a carrier for the return of the goods, the consumer cannot be held responsible for the expenses related to the return. If the seller did not specify any carrier for the return in the preliminary information, no charge can be requested from the consumer for the return cost. If the carrier specified in the preliminary information does not have a branch at the consumer's location, the seller must ensure the collection of the goods to be returned from the consumer without imposing any additional expenses.
Consumer's Obligations
(1) Unless the seller or provider offers to retrieve the goods themselves, the consumer must return the goods to the seller or provider, or to the authorized person designated by them, within ten days from the date they notified the exercise of the right of withdrawal.
(2) If the consumer uses the goods in accordance with their nature, technical specifications, and usage instructions during the withdrawal period, they are not responsible for any changes or deterioration that may occur.
Impact of the Exercise of the Right of Withdrawal on Ancillary Contracts
(1) Without prejudice to Article 30 of the Law, ancillary contracts automatically terminate when the consumer exercises the right of withdrawal. In this case, except for the situations mentioned in the second paragraph of Article 13, the consumer is not obliged to pay any expenses, compensation, or penalties.
(2) The seller or provider must immediately notify the third party involved in the ancillary contract when the consumer exercises 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 related to goods or services whose price is dependent on fluctuations in the financial markets and is not under the control of the seller or provider.
b) Contracts for goods prepared according to the consumer's specifications or personalized products.
c) Contracts related to the delivery of perishable or expired goods.
d) Contracts related to goods that are not suitable for return due to health or hygiene reasons once opened, such as unpacked products or items with broken seals.
e) Contracts related to tangible goods presented in a physical environment, like books, digital content, and computer consumables, if their protective elements have been opened after delivery.
f) Contracts related to the delivery of periodicals such as newspapers and magazines, excluding subscription contracts.
g) Contracts related to services for specific dates or periods, such as accommodation, transportation of goods, car rental, food and beverage supply, and entertainment or leisure services.
h) Contracts related to services provided instantly in electronic form or non-tangible goods delivered to the consumer instantly.
i) Contracts related to services initiated with the consumer's consent before the end of the withdrawal period.