Right of Withdrawal

The provisions regarding installment sales contracts are regulated in Article 17 of the Law, and 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 an installment sales contract within seven days without giving any justification and without paying a penalty.

(2) The withdrawal period begins on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.

(3) In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.

(4) It is sufficient that the notification regarding the exercise of the right of withdrawal is directed to the seller or provider in writing or via a permanent data storage medium within the withdrawal period. The seller or 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 can use the goods only to the extent required by an ordinary inspection. Ordinary inspection covers the initial examination of the goods. The consumer cannot exercise the right of withdrawal if the goods are used in the usual manner.

(6) The consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has begun with the consumer’s approval before the expiry of the withdrawal period.

(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

(8) The provisions regarding the right of withdrawal in favor of the consumer concerning other contracts regulated in the Law are reserved.

Consequences of exercising the right of withdrawal

(1) In the event that the consumer exercises the right of withdrawal, the seller or provider is obliged to return the price received and all kinds of documents that put the consumer under obligation within seven days from the date the withdrawal notification reaches them, 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 they exercised the right of withdrawal. Otherwise, the consumer is deemed not to have exercised the right of withdrawal.

(3) In the event of exercising the right of withdrawal, the consumer must bear the return costs of 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 contracts made outside of a business place, involve certain risks for the consumer. While the defining feature of contracts made outside a business place is that the parties meet physically outside of usual contract-making venues such as stores, the defining feature of distance contracts is that the parties never meet. The consumer, who concludes the contract from their home via means such as telephone, internet, or mail, does not even see the face of the seller or provider. Indeed, the problem in such contracts is usually that the sales contract is concluded without much thought, without having sufficient information about the contract and the performance, without making a comparison with the contract conditions of the same type of goods or services offered on the market, and without ever seeing the goods. Therefore, in these cases, to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and the performance and to grant them a right of withdrawal, in accordance with the 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 within fourteen days without giving any justification and without paying a penalty.

(2) The withdrawal period begins on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.

(3) In determining the withdrawal period;

a) For goods that are subject to a single order and delivered separately, the day on which the consumer or a third party designated by the consumer receives the last good,

b) For goods consisting of more than one piece, the day on which the consumer or a third party designated by the consumer receives the last piece,

c) For contracts where the regular delivery of goods is made for a certain period of time, the day on which the consumer or a third party designated by the consumer receives the first good

is taken as the basis.

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

(5) In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall 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 one year after the date the withdrawal period expires in any case.

(2) In case the required information about the right of withdrawal is provided within the one-year period, the fourteen-day withdrawal period begins to run from the day this information is properly provided.

Exercise of the right of withdrawal

(1) It is sufficient for the notification that the right of withdrawal has been exercised to be directed to the seller or provider in writing or via a permanent data storage medium before the withdrawal period expires.

(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or may make a clear statement declaring their decision to withdraw. The seller or provider may also offer an option on their website for the consumer to fill out this form or send a withdrawal statement. In case the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send confirmation to the consumer that the withdrawal requests submitted by consumers have reached them.

(3) In sales made via voice communication, the seller or provider must send the form in the ANNEX to the consumer at the latest by the delivery of the goods or performance of the service. In such sales, the consumer may use this form to exercise the right of withdrawal, or they may use the methods 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 provider is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date the notification of the consumer's exercise of the right of withdrawal reaches them.

(2) The seller or provider must make all repayments specified in the first paragraph in a single payment, in accordance with the payment instrument used by the consumer when purchasing, and without imposing any costs or obligations on the consumer.

(3) In the exercise of the right of withdrawal, if the goods are sent back via the carrier specified by the seller for the return within the scope of clause (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. In cases where the seller has not specified any carrier for the return in the preliminary information, no fee related to the return cost can be requested from the consumer. If the carrier specified in the preliminary information for the return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods requested to be returned are picked up from the consumer without demanding any additional costs.

Obligations of the consumer

(1) Unless the seller or provider makes an offer to take back the goods themselves, the consumer must send the goods back to the seller or provider or the person authorized by them within ten days from the date they directed the notification of the exercise of the right of withdrawal.

(2) The consumer is not responsible for changes and deteriorations that occur if they use the goods in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.

Effect of exercising the right of withdrawal on ancillary contracts

(1) Provided that the provisions of Article 30 of the Law are reserved, if the consumer exercises the right of withdrawal, the ancillary contracts 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 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 for goods or services whose price depends on fluctuations in the financial markets and which are beyond the control of the seller or provider.

b) Contracts for goods prepared in line with the consumer's requests or personal needs.

c) Contracts for the delivery of goods that can deteriorate quickly or are likely to expire.

ç) Contracts for the delivery of goods which are unsuitable for return due to health or hygiene reasons after their protective elements such as packaging, tape, seal, or package have been opened after delivery.

d) Contracts for goods that, after delivery, are mixed with other products and cannot be separated by their nature.

e) Contracts for books, digital content, and computer consumables presented in material media if their protective elements such as packaging, tape, seal, or package have been opened after delivery.

f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription contract.

g) Contracts for accommodation, transport of goods, car rental, food and beverage supply, and leisure time evaluation for entertainment or recreation purposes, which must be carried out on a specific date or period.

ğ) Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts for services whose performance has begun with the consumer's approval before the expiry of the withdrawal period.