The consumer shall have the right to reject the product and to withdraw from the contract without showing any excuse and without undertaking any legal or criminal liability within 14 (fourteen) days as of the date of delivery in distance contracts on sale of goods. In distance contracts on service provision, on the other hand, this period shall start as of the date of signature. In the event that it is decided in the contract that the service shall be made before the end of the 14-day period, the consumer may use his right of withdrawal until the date on which the service provision starts.
In the event that the CONSUMER uses his right of withdrawal, he shall return the purchased product to the SELLER by means of UPS Cargo company with which the SELLER has an agreement. In the event that the product to be returned is sent with the contracted cargo company, expenses arising from the use of the right of withdrawal shall be met by the SELLER. In the event that the product is returned with a cargo company other than the one that is contracted by the SELLER in the use of right of withdrawal, cargo expenses of the return delivery shall be met by the CONSUMER.
In order to use the right of withdrawal, it is obligatory that a notification is made to the above-mentioned fax, telephone or e-mail address of the SELLER within a period of 14 days and that the product has not been used within the scope of provisions of article 6 of the Distant Sales Agreement signed electronically by the parties and within the scope of provisions of article 15 titled “Exemptions of the Right of Withdrawal” of the Regulation on Distance Contracts published on the Official Gazette dated 27/11/2014. Return procedures stated within the scope of the Right of Withdrawal also take place in the Distance Contract Agreement in detail.
In the event that the right of withdrawal is used, the CONSUMER is liable to return the product to the SELLER within 14 (fourteen) days as of the date on which the notification of the right of withdrawal is received by the SELLER, by means of the UPS cargo company which is contracted by the SELLER.
In the event that the consumer does not return the product to the SELLER within 14 (fourteen) days as of the date on which he delivered the notification regarding the use of consumer’s right of withdrawal to the SELLER, the demand of right of withdrawal shall be null and void.
EXEMPTIONS OF THE RIGHT OF WITHDRAWAL
Return of products for single use, duplicable software and programs, fast-expiry products or products with a short expiry date, is not accepted due to these qualifications.
Unless decided on the contrary by the parties, the consumer cannot use his right of withdrawal in the following contracts:
- a) Contracts regarding products or services whose price changes depending on the financial market turbulences and which are out of the control of the seller or provider.
- b) Contracts regarding products prepared in line with the demands or personal needs of the consumer.
- c) Contracts regarding delivery of products which have a fast or short expiry date.
ç) Contracts regarding delivery of products whose return is not convenient in terms of hygiene and health, among the products whose protective material such as wrapping, tape, seal or package is damaged after delivery.
- d) Contracts regarding products which are mixed with other products after delivery and which are impossible to be separated as of their nature.
- e) Contracts regarding books, digital content and computer consumable materials provided in physical environment, in the event that the protective material such as wrapping, tape, seal or package of the product is damaged after delivery of the product.
- f) Contracts regarding delivery of periodical publications such as newspaper and journals, apart from those provided within a subscription agreement.
- g) Contracts regarding recreational activities made for entertainment and relaxation purposes, accommodation, moving, car rental, food and drink supply, which need to be realized at a certain date or in a certain period.
ğ) Contracts regarding incorporeal properties delivered to the consumer immediately or services implemented immediately electronically.h) Contracts regarding services started to be implemented with the approval of the consumer before the period of the right of withdrawal ends