The Right of Withdrawal in Online Shopping in Türkiye: The 14-Day Rule, Exceptions and Marketplace Liability

When shopping via websites, mobile apps, telephone or social media, consumers cannot see or examine the product before buying it. For this reason, the Turkish Consumer Protection Law No. 6502 grants a right of withdrawal as special protection in distance contracts.

What is a distance contract?

Under Article 48, a distance contract is one concluded without the simultaneous physical presence of the seller or provider and the consumer, within a system organised for distance selling, using means of distance communication up to and including the moment the contract is concluded. Buying a product after seeing it in a store is, as a rule, not a distance contract; in that case, the rules on defective goods rather than the right of withdrawal apply if the product is defective.

The 14-day right of withdrawal

In distance contracts, the consumer may withdraw within fourteen days without giving any reason and without paying a penalty. Key points:

• It is sufficient for the withdrawal notice to be sent to the seller or provider within this period.
• The consumer is not liable for changes and deterioration resulting from normal use of the goods during the withdrawal period.
• The seller must prove that the consumer was informed of the right of withdrawal.
• If the consumer was not properly informed, they are not bound by the fourteen-day period; however, the period ends in any event one year after the withdrawal period expires.

Seller statements such as "no returns", "exchange only" or "returns within 5 days" that narrow the statutory period do not remove the right of withdrawal granted by law.

Delivery period

The seller must perform within the period promised from the moment the order reaches them. For sales of goods other than those prepared to the consumer's specifications or personal needs, this period may in no case exceed thirty days. If the seller fails to deliver within this period, the consumer may terminate the contract.

Exceptions to the right of withdrawal

The Regulation on Distance Contracts lists contracts for which the right of withdrawal cannot be exercised. These include, for example:

• goods or services whose price depends on fluctuations in financial markets beyond the seller's control (such as gold),
• goods prepared to the consumer's specifications or personal needs,
• books, digital content and computer consumables supplied on a physical medium whose protective packaging, tape, seal or wrapping has been opened after delivery,
• accommodation, transport of goods, car rental, catering and leisure services to be provided on a specific date or period (unless otherwise agreed).

Exceptions must be interpreted narrowly. For example, in the case underlying decision E. 2022/6784, K. 2022/8533 of the 3rd Civil Chamber of the Court of Cassation, it was considered that the exception for opened packaging covers books, digital content and computer consumables, and that a mobile phone bought by distance sale does not fall within it. Similarly, a seller's claim of "custom production" does not prevent withdrawal where the product is in fact a standard product.

Marketplaces (intermediary service providers) are also liable

Amendments made in 2022 by Law No. 7392 extended the responsibilities of platforms that facilitate distance contracts on behalf of sellers. Under Article 48(6), intermediary service providers are jointly and severally liable with the seller for providing, confirming and proving pre-contractual information to the consumer. Intermediaries that collect payment on the seller's behalf are also jointly and severally liable with the seller for obligations relating to delivery and the right of withdrawal, subject to the exceptions in the Law. These platforms must also keep available, without interruption, a system allowing consumers to submit and track requests and notifications.

How to exercise the right of withdrawal

• Send your withdrawal notice within fourteen days, in writing or through the platform's return/withdrawal system, and keep a record.
• Return the product by the courier or method specified by the seller and keep the shipping receipt.
• Follow up on the refund; if it is not made, apply first to the seller and the platform, then to the consumer arbitration committee.

Conclusion

The right of withdrawal in distance contracts is a strong right that consumers can exercise without giving reasons. Sellers' return policies cannot restrict it, and exceptions apply only in the limited cases listed in the regulation.

This article is for general information purposes only and does not constitute legal advice.