Consumer law · Legal information

The Period of the Right of Withdrawal in a Distance Sale

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

For withdrawal, in distance contracts and in certain contracts, the statutory period is looked at. Not every purchase can be withdrawn from. Rights in defective goods are in a separate article.

The moment the contract was made, and the information form, are the photograph of the period.

The arbitration committee is in the article on the consumer arbitration committee.

In a consumer dispute in Ankara, the amount chooses the authority.

Related articles: an unfair term.

In online shopping, saying "I have changed my mind" does not always give the same result. In distance sales the right of withdrawal is a strong consumer safeguard; it is limited, however, by the period, the type of product, the exception, and the procedure of notification. Insisting after the period has run, or on a product within an exception, may not secure the refund that was expected.

This writing explains, for general information, the period of the right of withdrawal in a distance sale, whom it concerns, the steps of the process, and frequent mistakes. The result can change according to the concrete conditions of the sale and the current legislation.

What is the right of withdrawal?

Withdrawal is the consumer turning back from a distance contract, within the period the statute provides, without having to show a ground. This right is not a general "always a refund" rule that runs automatically for every product taken from a shop. The distance-contract relationship, and the list of exceptions, are decisive.

Withdrawal and the optional rights in defective goods are different. In withdrawal the basic ground is "changing one's mind"; in a defect it is a shortcoming in the goods, or the expected quality not being there. When they are mixed, a wrong period and a wrong route of application can be chosen.

The start of the period is generally read, in goods, around delivery, and in a service around the making of the contract. Whether the duty to inform was performed can, in practice, affect disputes about the period.

Whom does it concern?

  • Consumers who shop through the internet, the telephone, or a similar distance channel
  • Sellers who make distance sales, and intermediary service providers
  • Those who take a subscription, a package, and a service performed at a distance
  • Parties who have a dispute about a return or carriage
  • Consumers who want to separate a defect from withdrawal
  • Those who buy for a commercial purpose (the capacity of consumer can be in dispute)

If there is no capacity of consumer, the possibility of benefiting from the withdrawal regime can narrow. The purpose of the purchase, and the capacity of the party, should be noted at the outset. In commercial purchases the frame of commercial law can be assessed separately.

How does the process work?

  1. Fixing the date of delivery or of the contract: The basis of the calculation of the period is determined.
  2. Checking the exception: It is looked at whether the product or the service is within withdrawal.
  3. Notification within the period: A clear statement of withdrawal that can be proved is made.
  4. Return of the goods: The return process is carried on with attention to the limits of use.
  5. Refund of the price, and correspondence: The refund is followed according to the method of payment.
  6. The route of the dispute: If a result cannot be obtained, the arbitration committee or the routes of the court are considered.

Monetary limits can affect the place of application. Going to the wrong authority without the current limits being checked loses time.

Conditions, periods, and exceptions

As a rule, a period of fourteen days is often mentioned; the list of exceptions can, however, make this rule of no effect. Goods that spoil quickly, production to a person's order, some products whose return is not suitable for reasons of hygiene, and the other situations counted in the statute, are typical examples. Special situations, such as performance having begun in digital content, can affect the possibility of withdrawal too.

Proof matters as much as the notification being made within the period. A system record, an email, or a print of the form should be kept. Excessive use that causes a loss of value in the goods can produce a result against the person in disputes about the return. Absolute judgments such as "my right ended because I opened the box" may not be equally true for every product; the concrete type of product is looked at.

The seller's information forms, and the texts of prior information, often become evidence in a dispute. Consents given without reading can later weaken a claim of "I did not know".

Frequent mistakes

  • Starting the period from the wrong date
  • Insisting on withdrawal in products that are an exception
  • Speaking only by telephone without proving the notification
  • Mixing a defect with withdrawal
  • Leaving the return carriage, and the condition of the product, without a document
  • Expecting withdrawal in a purchase that has no capacity of consumer
  • Assuming a campaign refund without reading the conditions of the sale

Risk of a loss of rights: when the period has run, the right of withdrawal may not be able to be used.

Law No. 6502 on the Protection of the Consumer, and the rules on distance contracts, are the basic basis. Detail at the level of a regulation makes the period, the information, and the exceptions concrete. In practice the start of the period, the exception, and proof are often examined; the result depends on the concrete sale.

For the general frame, the consumer law page should be read; for scenarios of a defect, the article on rights in defective goods.

Prior information, forms, and proof

In a distance sale, the seller's duty of prior information is often disputed in practice as to how the withdrawal period runs. Claims of incomplete or incomprehensible information can affect the calculation of the period. On the consumer's side, ticking the consent boxes without reading can later weaken the defence.

The order number, the product, the date, and a clear will must appear in the notification of withdrawal. A platform message, an email, or a print of the form should be kept. A call-centre note alone can stay fragile as to proof. The tracking number of the return carriage should be kept in the same file too.

In the return of the goods, the packaging, the accessories, and the state of the invoice can be disputed. Claims of excessive use, or of a loss of value, can affect the refund of the price. The line between "trying" and "actually using" changes according to the type of product. In hygiene products the rules of the exception should be read separately.

Subscription, digital content, and performance of a service

In subscriptions and package services, withdrawal can work differently from delivery of goods. Performance beginning early, and the consumer's informed consent, can narrow the right. In digital content, facts such as downloading, or access being provided, can be critical. The extremes of "there is no right at all because it is digital" or "there is always a right" are wrong; the concrete type is looked at.

In services the period generally runs from the making of the contract. If the service was partly performed, which part of the price will be refunded can be disputed. At this point the terms of the contract and the legal frame are read together.

In purchases for a commercial purpose, if there is no capacity of consumer, the withdrawal regime may not be applied. The name on the invoice, the quantity, and the purpose of use play a part in this separation. In sales between businesses the frame of commercial law can weigh more heavily.

Routes of dispute, and the separation from a defect

If withdrawal is refused, or the price is not refunded, the consumer arbitration committee or the routes of the court can come onto the agenda. Monetary limits affect the choice of authority. An application without the current threshold being checked can create a loss of procedure.

Even if the period has run in a product that turned out defective, the rights in a defect can be assessed separately. In this case, rather than filling in a withdrawal form, notification of the defect and the route of the optional rights should be thought of. Mixing the two institutions produces wrong correspondence on both the seller's side and the consumer's side.

Measured notes of compliance for the seller's side

Sellers making their withdrawal processes clear can reduce both the dispute and the cost of the operation. The return address, the calculation of the period, the list of exceptions, and the method of refunding the price should be understandable in the prior information. Uncertain directions of "see the conditions" weaken confidence in the eyes of the consumer and produce a dispute about proof.

In products on a campaign, a statement of "no return" may not, in every situation, remove the statutory right of withdrawal. If the scope of an exception really exists, it should be written openly; if it does not, a misleading statement gives rise to an additional dispute. The cost of carriage and of the return should be explained at the outset too.

In sales through a platform, the intermediary role and the identity of the seller affect whom the consumer addresses. Notification to the wrong addressee can weaken proof of the period. Having the channels of notification recorded is useful for both sides.

Resale after withdrawal, stock, and accounting processes are an operational matter; legal compliance begins with a notification within the period being processed correctly. Delayed refunds increase applications to the arbitration committee.

A summary checklist

If withdrawal is being thought of, these should be checked in order: is there a distance-contract relationship, is the product or the service within the scope of an exception, from which date does the period run, can the notification be proved, and how will the return and the price process be documented? Merely "pressing the return button", before the answer to these five questions is clear, may not give the result that was expected. If there is a defect, notification of the defect should be preferred to a withdrawal form. The current legislation and the concrete conditions of the sale must be read again in every file.

Keeping the product in a condition in which it can be resold, while the right of withdrawal is used, reduces the risk of a dispute. A complete return of the packaging and the accessories is often disputed in practice. If the refund of the price is delayed, the chain of correspondence should be continued without being broken; each step should be supported by a dated record. The rules of a platform do not stand in for the statutory right; if there is a conflict, the legal frame is taken as the basis.

A notification made before the withdrawal period runs can be the subject of a dispute about validity even if the goods have not yet set out; what is critical is that the will was declared within the period. The logistics of the return are planned separately. If the seller delays the return label, the consumer should fix the position by correspondence. A ground of "the system does not allow it" may not, on its own, mean that the statutory right is disregarded; the concrete channel and the proof are assessed together.

Delivery, trying, and return practices

The line between trying the product and going beyond ordinary use changes according to the type of product. In electronics and clothing this line is often disputed. If possible, keeping the product in a form that fits the conditions of return softens the dispute about refund of the price. If the seller puts forward a deduction for "loss of value", the basis and the amount of the deduction should be asked for in writing. A claim of an arbitrary deduction is examined separately at the stage of the arbitration committee or of the court. The consumer should not weaken their own position by delaying the return process either.

In result, the calculation of the period, the check of the exception, and a notification that can be proved are the three legs of the withdrawal process. If one of them is missing, the expectation of a refund weakens. If there is a defect, the route needs to be changed.

The return-carriage receipt and the notification of withdrawal should be kept in the same folder. If a claim of a missing accessory arises, photographic evidence is of use.

Where the period is read from

Whether the contract is a distance sale is read from the form in which it was made. A withdrawal day that is not written in the file is not added to this text. Notification of a defect is not treated as the same as withdrawal. The Çankaya office does not choose the competent authority in a distance sale.

Conclusion

The right of withdrawal is an important safeguard in a distance sale; it is limited by the period, the exception, and the notification. This text is for general information. The assessment can change according to the concrete product, the contract, and the current legislation; a guarantee of a definite refund, or of a period, cannot be given.

A lawyer in Ankara does not add, in a distance sale, a withdrawal day that is not written in the file.

Frequently asked questions

How long is the withdrawal period?

In distance sales the right of withdrawal is, as a rule, fourteen days from delivery. In services the period often runs from the making of the contract. Situations such as a lack of information can affect how the period runs. For that reason it is not enough to look only at the calendar; the date of delivery or of the contract, and the fact of information, are read together. Exceptions are reserved. The concrete conditions of the sale must be taken as the basis. A lack of information can affect how the period runs. The list of exceptions must be checked in advance for every product. This assessment must be made according to the documents of the file.

Is there a right of withdrawal in every product?

No. Goods that spoil quickly, goods produced to a person's order, some products whose return is not suitable for reasons of hygiene, and the other exceptions counted in the statute, can stay outside withdrawal. Special rules can also be seen in digital content and in some services. The assumption "I bought it online, I return it in every case" is misleading. The type of product and the terms of the contract must be checked. Special rules can be seen in digital content and in some services. A definite judgment should not be built without the terms of the contract being read. Events that look similar may not produce the same legal result.

How is withdrawal notified?

Withdrawal must be notified in a clear form that can be proved. The form the seller provided, an email, a notification through the account, or a written statement can be used. What is critical is that it can later be proved that the notification was made in time. Speaking only by telephone can leave the proof weak. The order number, the date, and the product particulars must appear in the record. Speaking only by telephone can leave the proof weak. The order number and the date must appear in the record. Rules of procedure and of proof affect the result in a marked way in practice. Before a decision is made, the frame of the current legislation must be checked.

When is the price refunded?

The legislation provides a frame for refund of the price after withdrawal. The actual refund period can develop in connection with the seller's process, the method of payment, and the return of the goods. In a case of delay the consumer can consider the routes of application. An expectation of "a refund the same day" may not come about in every sale. Correspondence and payment slips must be kept. The actual refund period can change according to the method of payment. Correspondence and payment slips must be kept. Before a decision is made, the frame of the current legislation must be checked. Incomplete or ambiguous records can make proof harder at a later stage.

Who does the carriage charge belong to?

The carriage charge for the return can change according to the contract and the legal frame. In some situations it can be placed on the consumer, and in some situations on the seller. Campaigns and promises of free carriage can affect this picture too. A definite judgment should not be built without the conditions of the sale being read. In a dispute the text of the conditions is evidence. Promises in a campaign can affect the picture. In a dispute the text of the conditions is evidence. Incomplete or ambiguous records can make proof harder at a later stage. The capacity and the authority of the parties must be clarified at the outset. This assessment must be made according to the documents of the file.

How does the period run in services?

In a distance contract for a service, the period generally begins to run from the making of the contract. Elements such as performance having begun early, and the consumer's informed consent, can affect the possibility of withdrawal. In subscriptions and package services the terms must be read separately. Delivery of goods and the start of a service must not be mixed. Performance beginning early can affect the possibility of withdrawal. Delivery of goods and the start of a service must not be mixed. The capacity and the authority of the parties must be clarified at the outset. This assessment must be made according to the documents of the file. Events that look similar may not produce the same legal result.

In defective goods, is withdrawal required?

No. In a case of a defect, the optional rights are a separate institution. Withdrawal is a possibility of turning back without a ground, while the rights in a defect rest on the shortcoming in the goods. Choosing the wrong institution can lead to loss of the period and of the request. For scenarios of a defect, the article on rights in defective goods should be read. The two routes do not stand in for each other. The two institutions do not stand in for each other. Choosing the wrong route can lead to a loss of rights. This assessment must be made according to the documents of the file. Events that look similar may not produce the same legal result.

Which documents should be kept for proof?

The order confirmation, the payment slip, the delivery document, images of the product, the notification of withdrawal, and the return-carriage papers form the basic set. Correspondence with the seller is useful too. A process without documents makes proof harder at the stage of the arbitration committee or of the court. The screenshot and the date information of digital records must be preserved. The date information of digital records must be preserved. The return-carriage papers are part of the same set too. Events that look similar may not produce the same legal result. Rules of procedure and of proof affect the result in a marked way in practice.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Consumer law

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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