CANCELLATION AND RETURN CONDITIONS

 

Pursuant to the Law No. 6502 on the Protection of Consumers ("Law"), buyers are entitled to return products within 14 days from the date of delivery without giving reasons and without paying "shipping charges".

1. Consumer's Right of Withdrawal in Installment Agreements;

Provisions regarding the sale of installments are regulated in Article 17 of the Law and the right of withdrawal is regulated by Article 18.

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

According to this;

Right of Withdrawal

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

(2) The period of right of withdrawal is the date on which the contract is established in the contracts relating to the performance of services; In the contract for the delivery of goods, the consumer or the third party designated by the consumer begins on the day the goods are delivered. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.

(3) The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the contracts where the delivery of goods and the performance of services are concluded together.

(4) It is sufficient that the notification that the right of withdrawal is exercised has been directed to the seller or provider in writing or with a permanent data store during the right of withdrawal. The seller or provider is obliged to prove that the consumer is informed about the right of withdrawal.

(5) If the seller has delivered the goods to the consumer within the cancellation period, the consumer may use the goods only to the extent required by the ordinary review. The ordinary review covers the first inspection of the good. If the goods are used as usual, the consumer cannot exercise his / her right of withdrawal.

(6) Before the expiration of the right of withdrawal, the consumer may not use his right of withdrawal in service contracts where the service has been 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 provisions of the right of withdrawal in favor of the consumer regarding the other contracts regulated by the Law are reserved.

Consequences of the Right of Withdrawal

(1) In the event that the consumer uses his / her right of withdrawal, the seller or provider shall be obliged to return the price received within seven days from the date of receipt of the notification of withdrawal and any document that puts the consumer under debt, without incurring any charges to the consumer.

(2) The consumer using his right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date of exercising his right of withdrawal. Otherwise, the consumer is deemed to have not exercised his right of withdrawal.

(3) If the right of withdrawal is exercised, the consumer shall bear the cost of return of the goods.

 

2. Consumer Right of Withdrawal in Distance Contracts,

 

The provisions relating to Distance Contracts are explained in Article 48 of the Law.

Distance contracts also include risks for the consumer, such as contracts outside the workplace. While the defining feature of the contracts made outside the workplace is the physical encounter of the parties outside the usual contracting places such as stores, the defining feature of the distance contracts is that the parties do not meet at all. He does not even see the face of the consumer, seller or provider who has established the contract from his home by means of telephone, internet and letters. As a matter of fact, the problem in such contracts is that a sales contract is concluded without generally considering it, without having sufficient information about the details of the contract and the act, without making comparison with the conditions of the contract for the same type of goods or services offered in the market, without seeing the goods at all. Therefore, in such cases, in order to eliminate the lack of information, it is appropriate to enlighten the consumer about the contract and act and to give him the right of withdrawal in accordance with the European Parliament and Council Directive 2011/83 / EU of 25/10/2011 on Consumer Rights.

The Regulation on Distance Contracts was published in the Official Gazette dated 27.11.2015.

According to this regulation, the use of the right of withdrawal of the consumer 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 reason and without paying penalties.

(2) The period of right of withdrawal is the date on which the contract is established in the contracts relating to the performance of services; In the contract for the delivery of goods, the consumer or the third party designated by the consumer begins on the day the goods are delivered. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.

(3) In the determination of the right of withdrawal;

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

b) For goods consisting of more than one part, the day when the consumer or the third party designated by the consumer receives the last part,

c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or third party designated by the consumer receives the first goods

basis.

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

(5) The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the contracts where the delivery of goods and the performance of services are concluded together.

Missing Information

(1) The seller or provider 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 for fourteen days to exercise his right of withdrawal. In any case, this period ends one year from the date of withdrawal.

(2) In the event that the notification of the right of withdrawal is made within a period of one year, the period of right of withdrawal for fourteen days shall commence on the date of such notification.

 

Use of Right of Withdrawal

(1) It is sufficient for the notification that the right of withdrawal is used to be sent to the seller or provider before the expiration of the right of withdrawal, in writing or with a permanent data store.

(2) In the exercise of the right of withdrawal, the consumer may use the form provided in the ANNEX or make a clear statement informing the withdrawal decision. The seller or provider may also offer an option on the website to allow the consumer to complete this form or submit a withdrawal statement. If the right of withdrawal is offered to consumers through the website, the seller or provider must immediately inform the consumer that the cancellation requests of the consumers have been received.

(3) For sales made by voice communication, the seller or provider must send the form included in the ANNEX to the consumer at the latest until delivery of goods or service delivery. The consumer may use this form to use his right of withdrawal in such sales, as well as the methods of the second paragraph.

(4) The obligation of proof regarding the use of the right of withdrawal in this article belongs to the consumer.

 

Obligations of Vendor or Provider

(1) The seller or provider is obliged to return all payments collected, including the delivery of the goods 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 the provider shall make all reimbursements referred to in the first paragraph in accordance with the payment instrument used by the consumer at the time of purchase and without any expense or obligation to the consumer.

(3) In the exercise of the right of withdrawal, the consumer shall not be liable for the costs of return if the merchandise is returned through the carrier specified by the seller for the return within the scope of paragraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for the return at the preliminary notice, no fee may be charged to the consumer. In the event that the carrier specified in the preliminary information for the return does not have a branch in the place of the consumer, the seller is obliged to ensure that the goods to be returned from the consumer are requested without any additional cost.

 

Consumer Obligations

(1) Unless the seller or provider makes an offer to take back the goods, the consumer shall send the goods back to the seller or provider or the person authorized by him within ten days from the date of notification of the use of the right of withdrawal.

(2) The consumer shall not be liable for any changes or deteriorations that occur if the consumer uses the goods in the cancellation period in accordance with its operation, technical specifications and usage instructions.

 

The Effect Of The Right Of Withdrawal To The Contracts

(1) Provided that the provisions of Article 30 of the Law are reserved, in case the consumer uses his / her right of withdrawal, the side contracts shall also automatically terminate. In this case, the consumer is not liable to pay any costs, indemnities or penalties except as provided for in the second paragraph of Article 13.

(2) The seller or provider shall immediately notify the third party who is a party to the subcontract that the consumer has exercised his right of withdrawal. 

Exceptions to the Right of Cayma

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

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

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

c) Contracts for the delivery of goods which may be quickly degraded or that may expire.

d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of non-refundable health and hygiene requirements.

e) Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated.

f) Contracts on books, digital content and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

g) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.

h) Contracts to be made at a certain date or period for the purposes of accommodation, transport of goods, car rental, food and beverage supply and leisure time for recreational or recreational purposes.

i) Contracts for services rendered in electronic environment or royalties delivered immediately to consumers.

l) Contracts for services commenced with the consent of the consumer before the right of withdrawal expires.

Çerez Kullanımı

Cookies are used to get the most out of our site. By logging in to this site you agree to the use of cookies.