Right to withdraw

In accordance with the Law No. 6502 on the Protection of Consumers ("Law"), the right of buyers to return products without giving reason and "paying shipping" by using their right of withdrawal within 14 days from the date of delivery.

1. The Consumer's Right of Withdrawal in Sales Contracts with Installment;

The provisions on installment sales contracts are regulated in article 17 of the Law and the right to withdraw from article 18.

The Regulation on Installment Sales Contracts was published in the Official Gazette dated 14.01.2015.

According to this;

Right to withdraw

(1) The consumer has the right to withdraw from the sales contract in installments without any reason and penalty within seven days.

(2) The right of withdrawal is the day on which the contract is established in contracts related to service performance; In contracts related to the delivery of goods, the day starts when the consumer or the third party determined by the consumer receives the goods. However, the consumer can use the right of withdrawal from the establishment of the contract to the delivery of the goods.

(3) The right of withdrawal regarding the delivery of goods is applied in the contracts in which the delivery of the goods and the service performance are concluded together.

(4) It is sufficient that the notification that the right of withdrawal is used has been directed to the seller or supplier in writing or with a permanent data keeper within the right of withdrawal. The seller or supplier is obliged to prove that the consumer is informed about the right to withdraw.

(5) If the seller 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 usual review covers the initial inspection of the good. If the good is used as a custom, the consumer cannot exercise his right of withdrawal.

(6) Before the right of withdrawal expires, the consumer cannot use the right of withdrawal in the service contracts, which have 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 right of withdrawal in favor of the consumer regarding other contracts arranged in the Law is reserved.

Consequences of exercising the right of withdrawal

(1) In the event that the consumer uses his right of withdrawal, the seller or supplier is obliged to return the price he has received within seven days from the date of the notification of the withdrawal and any documents that put the consumer under debt without any charge to the consumer.

(2) The consumer who uses the right of withdrawal is obliged to return the contractual item to the seller within seven days of using the right of withdrawal. Otherwise, the consumer is deemed not to exercise his right to withdraw.

(3) If the right of withdrawal is exercised, the consumer has to bear the costs of returning the goods.

2. The Consumer's Right of Withdrawal in Distant Contracts,

Provisions regarding Distance Contracts are explained in Article 48 of the Law.

Distance contracts also contain some risks for the consumer, such as contracts made outside the workplace. The determining feature of the contracts made outside the workplace is that the parties physically encounter outside the usual contract establishing places, such as the store, while the defining feature in the distant contracts is that the parties never meet. The consumer, who makes the contract with the means such as telephone, internet, letter from his house, does not even see the face of the seller or provider. As a matter of fact, the problem with such contracts is that sales contracts are concluded without much consideration, without having enough information about the contract and performance, without comparing the contract terms of the same type of goods or services offered in the market, without ever seeing the goods. Therefore, in order to eliminate the lack of information in these cases, it seems appropriate to enlighten the consumer about the contract and performance and to give him a right of withdrawal in accordance with the European Parliament and Council Directive 2011/83 / EU on the 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 Use of the Consumer's Right of Withdrawal and the Obligations of the Parties are determined as follows.

Right to withdraw

(1) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penalty.

(3) In determining the duration of the right of withdrawal;

a) The day of receipt of the final good of the consumer or the third party determined by the consumer in the goods delivered separately and delivered separately,

b) On the goods consisting of more than one piece, the day the consumer or the third party determined 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 good.

is taken as basis.

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

(5) In contracts where the delivery of goods and services are performed together, the right of withdrawal provisions regarding the delivery of goods are applied.

Missing information

(1) The seller or supplier is obliged to prove that the consumer is informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by a period of fourteen days to exercise his right of withdrawal. In any case, this period expires one year after the withdrawal period ends.

(2) If the necessary notification about the right of withdrawal is made within a period of one year, the term of right of withdrawal of fourteen days begins to operate as of the day this notification is properly made.

Exercise of the right of withdrawal

(1) It is sufficient that the notification that the right of withdrawal is used is directed to the seller or provider in writing or with a permanent data keeper before the right of withdrawal expires.

(2) In the exercise of the right of withdrawal, the consumer may either use the form included in the Annex or make a clear statement informing the decision of withdrawal. The seller or supplier may also offer an option on the website so that the consumer can fill out this form or submit the withdrawal declaration. In the event that consumers are given the right to withdraw from the website, the seller or supplier must immediately convey the confirmation information that the consumers' withdrawal requests have been received.

(3) In sales made by voice communication, the seller or supplier must send the form in the Annex to the consumer until the delivery of the goods or service performance at the latest. The consumer can either use this form to exercise the right of withdrawal in such sales or use 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.

Obligations of the seller or provider

(1) The seller or supplier is obliged to return all payments, including delivery costs, if any, to the consumer, within fourteen days from the date of receipt of the notification that the consumer has exercised his right of withdrawal.

(2) The seller or supplier must make all the repayments mentioned in the first paragraph in one go, in accordance with the payment instrument used by the consumer and without any cost or obligation to the consumer.

(3) In the exercise of the right of withdrawal, the consumer cannot be held responsible for the costs related to the return, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for return in the preliminary information, no fee can be claimed from the consumer regarding the return cost. In the event that the carrier specified in the preliminary information for return does not have a branch at the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer, without requesting any additional costs.

Consumer's obligations

(1) Unless the seller or supplier makes a proposal that he / she will take back the goods, the consumer must return the goods to the seller or supplier or to the person he has authorized within ten days from the date of the notification that he / she uses the right of withdrawal.

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

The effect of the use of the right of withdrawal on the side contracts

(1) Provided that the provisions of Article 30 of the Law are reserved, the side contracts expire automatically if the consumer uses his right of withdrawal. In this case, the consumer is not obliged to pay any costs, indemnities or punitive conditions other than those specified in the second paragraph of Article 13.

(2) The seller or supplier must immediately inform the third party, who is a party to the side contract, that the consumer has exercised his right of withdrawal.

Exceptions to the right to withdraw

(1) Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:

a) Contracts for goods or services whose price varies due to fluctuations in the financial markets and are not under the control of the seller or provider.

b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of goods that may deteriorate quickly or expire.

ç) From the goods whose protective elements such as packaging, tape, seal, package are opened after delivery; Contracts for the delivery of those whose return is ineligible for health and hygiene.

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

e) Contracts related to books, digital content and computer consumables, which are presented in the material environment, if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

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

g) Contracts for accommodation, goods transport, car rental, food and beverage supply and the evaluation of free time for entertainment or rest, which must be made on a specific date or period.

ğ) Contracts relating to the services performed instantly in the electronic environment or the immaterial goods delivered to the consumer instantly.

h) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.