Consumer law is a specialized field aimed at protecting the economic interests of consumers and balancing their weaker position against sellers and providers. In this context, the right of withdrawal is one of the most fundamental and protective rights granted to consumers. Especially in distance contracts in e-commerce and certain sales methods, it allows consumers to withdraw from the contract without providing any justification and without paying any penalty.
The scope, duration, and method of exercising the right of withdrawal are regulated in detail under the Law No. 6502 on the Protection of Consumers (TKHK) and the relevant secondary legislation.
In Which Situations Can Consumers Exercise the Right of Withdrawal?
In installment sale contracts where the seller or provider undertakes the delivery of goods or the performance of services, and the consumer pays the price in installments, the consumer has the right to withdraw from the contract within 7 days without providing any justification and without paying any penalty.
In consumer credit agreements, pre-paid housing sales agreements, off-premises contracts, distance sales contracts, distance contracts regarding financial services, and timeshare or long-term holiday service agreements, the consumer has the right to withdraw within 14 days without providing any justification and without paying any penalty.
Consumers, in remote purchases (via internet, telephone, etc.), have a 14-day right of withdrawal; in door-to-door sales, again 14 days; and in installment purchases, 7 days, without providing any grounds and without paying any penalty.
Another point to consider is the situation where the right of withdrawal has already been exercised. According to precedent decisions, the criterion is whether the consumer has used the good only to the extent necessary to understand its nature, characteristics, and functioning; in such cases, the consumer may still exercise the right of withdrawal.
How to Exercise the Right of Withdrawal?
Consumers may exercise their right of withdrawal by notifying the seller in writing, via Registered Electronic Mail (KEP), email, online forms provided by the seller, or by notary notice. Typically, the consumer may also use the ready-made forms and steps available on the platform where the sale took place.
A consumer who exercises the right of withdrawal must return the goods to the seller within 14 days at the latest. If the goods incur a loss in value due to the consumer’s fault during this period, the consumer will be responsible for such loss.
Exceptions to the Right of Withdrawal
According to Law No. 6502 and the Distance Contracts Regulation, the right of withdrawal cannot be exercised for certain goods and services subject to contract. These include:
a) Contracts relating to goods or services whose prices are dependent on fluctuations in financial markets and which are outside the seller’s or provider’s control.
b) Contracts for goods prepared in line with the consumer’s requests or personal needs.
c) Contracts for the delivery of perishable goods or goods whose expiry date may pass.
d) Contracts for goods whose protective packaging such as seals, bands, or boxes has been opened after delivery and whose return is not suitable for health or hygiene reasons.
e) Contracts for goods that, after delivery, are mixed with other products in such a way that they cannot be separated due to their nature.
f) Contracts for books provided in physical form, digital content, and computer consumables whose protective packaging has been opened after delivery.
g) Contracts for the delivery of periodicals such as newspapers or magazines, except those provided under a subscription agreement.
h) Contracts relating to accommodation, transportation of goods, car rental, catering, or leisure activities that must be carried out on a specific date or within a specific period.
i) Contracts for services performed instantly in electronic form or intangible goods delivered instantly to the consumer.
j) Contracts for services that have begun with the consumer’s consent before the withdrawal period has expired.
k) Contracts relating to mobile phones, smartwatches, tablets, and computers delivered to the consumer.
l) Contracts concluded through public auctions conducted in the form of live bidding.
Determining Criteria for the Right of Withdrawal
Although the Consumer Protection Law and the Distance Contracts Regulation list exceptions to the right of withdrawal, they also state that whether the right of withdrawal can be exercised depends on the agreement between the parties. Of course, this should not be understood as allowing the parties to completely eliminate the right of withdrawal for goods or services that are not included in the statutory exceptions. In this respect, a balance must be struck between protecting the seller’s commercial relationship and determining whether to grant consumers additional rights in this regard.
