You ordered a garment, a phone or some other product online, but when it arrived you saw that it was not what you expected. So what can you do? The answer is quite simple: the right of withdrawal.

What Is the Right of Withdrawal?

Under Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, in distance contracts concluded online, by telephone or in similar ways without the parties being physically face to face, the consumer may withdraw from the contract within 14 days without giving any reason and without paying any penalty.

This right is independent of whether the product is defective. Even if the product is flawless, you may return it simply because you did not like it. Nor is the exercise of the right subject to any particular form; a notification addressed to the seller in writing or by durable medium is sufficient.

When Does the 14-Day Period Begin?

The starting point varies according to the subject matter of the contract:

  • For services: The day the contract is concluded.
  • For goods: The day the consumer, or a third party designated by them, takes delivery of the goods.
  • For goods consisting of multiple parts: The day the final part is delivered.
  • For regular deliveries over a set period: The day the first item is delivered.

What If the Seller Fails to Inform You?

The seller is obliged to inform the consumer duly about the right of withdrawal before the contract is concluded. If that information is not given, the consumer is not bound by the 14-day period; the period within which the right may be exercised is extended. If the seller provides the information during that extended period, the 14-day period begins to run from the date the information is given.

Return and Refund Deadlines

  • The consumer: Must send the goods back to the seller within 10 days of dispatching the notice of withdrawal.
  • The seller: Must refund all payments collected, including delivery costs, within 14 days of the notice of withdrawal reaching them.
  • Method of refund: The refund is made using the payment method the consumer used, without imposing any additional cost on the consumer. If payment was made by credit card, the refund is made to the card; a gift voucher or store credit cannot be imposed.

Who Bears the Cost of Return Shipping?

This is one of the most disputed issues. If the seller has specified a contracted carrier for returns in the preliminary information, the consumer is not held liable for the return cost provided they send the goods with that carrier. If the seller has not specified any carrier in the preliminary information, the return cost cannot be claimed from the consumer.

Cases Where the Right of Withdrawal Cannot Be Exercised

The legislation excludes from the right of withdrawal certain goods and services which, by their nature, are not suitable for return:

  • Goods prepared to order: Products made or personalised in line with the consumer’s requests (such as a mug bearing a name, or a dress made to measure).
  • Perishable goods: Foodstuffs or products with an imminent expiry date.
  • Goods unsuitable for return on grounds of hygiene and health: Products whose return is not appropriate once their packaging has been opened after delivery.
  • Goods mixed with other products: Products which, by their nature, cannot be separated after delivery.
  • Digital products with opened packaging: Audio or video recordings and software programs.
  • Periodicals: Newspapers and magazines, other than those supplied under a subscription.
  • Services performed instantaneously: Services supplied instantaneously in electronic form and intangible goods delivered instantly to the consumer.
  • Services to be performed on a specific date: Contracts relating to accommodation, transport of goods, car rental, the supply of food and beverages, and the use of leisure time for entertainment or recreation.
  • Goods whose price depends on market fluctuations: Products tied to financial market movements outside the seller’s control.

Does Trying the Product Extinguish the Right of Withdrawal?

No. The consumer may try the goods to the extent necessary to understand their nature, characteristics and functioning; opening the box for that purpose does not forfeit the right of withdrawal. However, the consumer may be liable for use going beyond that limit and diminishing the value of the goods. The test is simple: what you could examine in a shop before buying is permitted.

Where to Apply If a Dispute Arises

If the seller refuses the withdrawal request or fails to make the refund, the consumer may apply, depending on the monetary value of the dispute, to the Consumer Arbitration Committee or to the Consumer Court. Since the monetary thresholds governing the committees’ jurisdiction are redetermined each year, the current threshold should be checked before applying. Application to the arbitration committee is free of charge and may be made via e-Devlet.

The right of withdrawal is one of the most fundamental safeguards protecting consumers in distance shopping. Reading the seller’s preliminary information text before ordering, and making your notice of withdrawal within the period by a method capable of proof, will strengthen your position in any dispute.