WITHDRAWAL IN DISTANCE SALES – RETURN AND DELIVERY INFORMATION TEXT


What is the right of withdrawal and how is it used?

According to Article 48 of the Law No. 6502 on Consumer Protection;

  • The seller or provider shall fulfill its obligation within the promised period from the moment the consumer’s order reaches it. In sales of goods, this period cannot exceed thirty days in any case. If the seller or provider fails to fulfill its obligation within this period, the consumer may terminate the contract.
  • The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty. It is sufficient for the notification of the use of the right of withdrawal to be sent to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the date of the termination of the withdrawal period. The consumer is not responsible for changes and deteriorations that occur due to the usual use of the product during the withdrawal period.
  • Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or having used remote communication tools within the framework of the system they have created are obliged to keep records of the transactions made with the seller or provider due to the issues included in this article and to provide this information to the relevant institutions, organizations and consumers upon request. However, those who mediate within the scope of this paragraph are responsible for their acts contrary to the contract they have made with the seller or provider.

In determining the withdrawal period in accordance with the third paragraph of Article 9 of the Distance Contracts Regulation;

  • For goods that are a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good,
  • For goods consisting of more than one piece, the day the consumer or the third party designated by the consumer receives the last piece,
  • In contracts where the goods are delivered regularly for a certain period, the day the consumer or the third party designated by the consumer receives the first good shall be taken as basis.

According to Article 13 of the same Regulation; the consumer must send the good back to the seller or provider or the person authorized by the consumer within ten days from the date of sending the notification to the seller regarding the use of the right of withdrawal. The consumer is not responsible for any changes or deteriorations that occur if the consumer uses the good in accordance with its operation, technical specifications and instructions for use during the withdrawal period.

What are the situations/products in which the right of withdrawal cannot be exercised?

According to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the contracts specified below;

  • Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
  • Contracts for goods prepared in line with the consumer’s requests or personal needs, (For example; dresses prepared according to the person’s body measurements, etc.)
  • Contracts for the delivery of goods that can deteriorate quickly or whose expiration date may have passed,
  • Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of items that are not suitable for return in terms of health and hygiene (For example, hair accessories, bridal crowns, flower bouquets, veils, purses, etc.)
  • Contracts regarding goods that are mixed with other products after delivery and cannot be separated by nature,
  • Contracts regarding books, digital content and computer consumables provided in a material medium if protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
  • Contracts regarding the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of subscription contracts,
  • Contracts regarding the evaluation of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or resting purposes that must be performed on a certain date or period,
  • Contracts regarding services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly,
  • Contracts regarding services that are started to be performed with the consumer’s approval before the expiration of the right of withdrawal period.

Can the consumer be held responsible for the decrease in value of the product/products for which he/she has used the right of withdrawal due to use?

The Buyer shall inspect the goods/services subject to the contract before receiving them; he/she shall not receive the goods/services that are damaged and defective such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The Buyer shall protect the goods/services meticulously after delivery. If the right of withdrawal is to be used, the goods/services shall not be used. The invoice shall also be returned together with the product.

If the value of the goods decreases due to a reason arising from the Buyer’s fault or if return becomes impossible, the Buyer shall be obliged to compensate the Seller for the damages in proportion to his/her fault. (For example, in cases where stones on wedding dresses and evening dresses fall off, lace embroidery is removed, etc., damage loss may be claimed from the Buyer.) However, the Buyer shall not be responsible for changes and deteriorations that occur due to the proper use of the goods or product within the period of the right of withdrawal.

If the campaign limit amount set by the Seller falls below the amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.

Who is responsible for the return cargo fee during the use of the right of withdrawal?

If the buyer has not selected a carrier other than the cargo company specified by the seller during the use of the right of withdrawal and the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify any carrier for return in the preliminary information, no fee can be requested from the consumer regarding the return cost. If the carrier specified in the preliminary information for return does not have a branch in the location where the consumer is located, the seller is obliged to ensure that the goods requested to be returned are collected from the consumer without requesting any additional costs.

According to the general circular of the Tax Procedure Law, in order for the return transactions to be carried out, the sections related to the return in the invoice sent to the Buyer must be filled in completely and sent back with the product(s) after being signed.

How is the refund made upon the use of the right of withdrawal?

The seller or provider is obliged to return all payments collected from the buyer, including the delivery costs of the goods to the consumer, within fourteen days from the date on which the consumer receives the notification that he/she has exercised his/her right of withdrawal.

What is the delivery period of the product ordered through the platform?
The seller or provider shall fulfill its obligation within the promised period from the moment the consumer’s order reaches him/her. In the case of sales of goods, this period cannot exceed thirty days in any case. If the seller or provider fails to fulfill its obligation within this period, the consumer may terminate the contract.

What are the rights and responsibilities of the buyer and seller if the product cannot be delivered on time due to unforeseen reasons?

If force majeure reasons that the seller cannot foresee occur and the product cannot be delivered on time, the situation is notified to the Buyer. The Buyer may request the cancellation of the order, replacement of the product with a similar one, or postponement of delivery until the obstacle is eliminated. If the Buyer cancels the order; if the payment was made in cash, this fee shall be paid to him/her in cash within 14 days from the cancellation. If the Buyer has made the payment by credit card and cancels, the product price will be returned to the bank within 14 days of this cancellation, but it is possible for the bank to transfer it to the Buyer’s account within 2-3 weeks.

How will the Buyer exercise the right of withdrawal?

The invoice for the product to be returned delivered to the person or the Buyer must be sent (if the invoice of the product to be returned is corporate, together with the return invoice issued by the institution when returning). Returns of orders whose invoices are issued in the name of institutions cannot be completed if a Return Invoice is not issued.
The return form must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any, of the products to be returned.

In order to exercise the right of withdrawal, a written notification must be made to the Seller by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the “Products for which the Right of Withdrawal Cannot Be Used” provisions set out in this contract.

What is the Seller’s responsibility in case of a return request?

The Seller may, within 14 business days at the latest from the date of receipt of the notice of withdrawal and the product, return the total price and the documents that put the Buyer under debt to the Buyer and may take the product back within 14 business days or may determine that the product is of a nature that the right of withdrawal cannot be exercised and may reject the return by informing the Buyer in writing, including via SMS and e-mail, with a reason. In this case, the Seller’s payment obligation is eliminated.

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