Guide to the Right of Withdrawal in Online Shopping

Consumer Law

Cancellation)

14-Day Right of Withdrawal, Exceptions and Returns within the Scope of Law No. 6502 Article 48 and the Distance Contracts Regulation

Process

This guide has been prepared taking into account the legislation in force as of 2026 and the Ministry of Commerce principles of practice.

Summary

Purchases made over the internet or over the phone are considered within the scope of "distance contracts" in which the seller and the consumer are not physically together at the same time and are subject to Article 48 of Law No. 6502 and the Distance Contracts Regulation. The consumer may withdraw from the contract within fourteen days from the delivery of the goods or from the establishment of the contract in the case of services, without giving any justification and without paying any penalty. If the seller does not fulfill its pre-contractual information obligation, this period ceases to be binding and the right of withdrawal can be exercised within one year and fourteen days at the latest.

Notification of withdrawal must be made in writing or via permanent data storage; The right of withdrawal cannot be exercised by telephone. In case of withdrawal, the seller is obliged to return the price within fourteen days from the receipt of the notification, and the consumer is obliged to send the goods back within ten days. The right of withdrawal cannot be used by law for some goods and services such as gold, special order products, hygiene products and digital content.

What is Distance Contracting? Distance contract is a contract established by using remote communication tools up to and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer. In order for a transaction to be considered a distance contract, three conditions must be met: the parties are not physically present together, a system for remote marketing is used, and the contract is established through remote communication tools. This definition includes not only classic e-commerce sites; It also includes sales made via social media, DM or text message, provided that these three conditions are met.

Pre-Contractual Information Obligation and Consequences of Its Violation

The seller, the consumer before any payment is made; It is obliged to inform you in a clear, simple and understandable manner in writing or via a permanent data recorder about the basic characteristics of the goods or services, the seller's title and contact information, the total price including taxes, additional costs, if any, exercise of the right of withdrawal and remedies. Intermediary service providers are jointly responsible with the seller for providing, confirming and proving this information.

Violation of this obligation has significant consequences: If the seller has not informed about additional costs, the consumer is not obliged to pay these costs. If the consumer is not properly informed about the right of withdrawal, the consumer will not be bound for a period of fourteen days; In this case, the right of withdrawal may be exercised for another year after the end of the normal fourteen-day period. In addition, the seller must clearly state immediately before the order is confirmed that this order gives rise to a payment obligation; Otherwise, the consumer is not considered bound by the order.

Exercise of the Right of Withdrawal: Fourteen Days Period

Start of Period

For goods purchases, the fourteen-day period starts from the delivery of the goods to the consumer. For service purchases, the period starts from the moment the service contract is established. In addition, the consumer can always exercise his right of withdrawal during the period from the conclusion of the contract to the actual delivery of the goods.

Notification Type

The right of withdrawal can be exercised in writing or via text message, e-mail, internet, permanent data storage such as CD, DVD, memory card. The right of withdrawal cannot be exercised over the telephone in distance contracts due to the difficulty of proof and because it is not provided for in the legislation. The use of the "Sample Withdrawal Form" annexed to the Regulation is not mandatory; The consumer can use this form or exercise his right of withdrawal by making any written statement clearly stating his will to withdraw.

Situations Where the Right of Withdrawal Cannot Be Used

The Law and Regulation stipulate that some goods and services are excluded from the scope of the right of withdrawal due to their nature. The main exceptions are:

Category Example

Goods whose price depends on market fluctuations Products with prices that are not under the seller's control, such as gold and jewelry

Personalized goods Clothes made to measure, products with personalized engravings

Perishable goods Flowers, cakes, food products

Unsuitable for hygiene: Products such as unpackaged underwear and earrings

Unpackaged digital/consumable products CD, DVD, toner, cartridge, book (if packaging has been opened)

Periodicals Newspaper, magazine (except subscription)

Certain dated services Hotel reservation, car rental, wedding/organization service

Instant electronic services Distance education, instant digital access services

Intangible goods delivered immediately Downloaded music, movies, software

Services started with approval Services started with consumer approval before the withdrawal period expires Certain delivered electronic devices Mobile phones, smart watches, tablets, computers (after delivery) Goods that are installed/assembled Goods whose installation is foreseen and completed by the seller/authorized service in the user manual

Post-Withdrawal Process: Refund and Expenses

After the right of withdrawal is exercised, different periods begin for the seller and the consumer. The seller is obliged to refund the price paid by the consumer within fourteen days after receiving the notice of withdrawal. The consumer is obliged to return the goods he purchased to the seller or the person he authorized within ten days from the date of notification of withdrawal.

The rule regarding return shipping costs is as follows: If the seller has specified a contracted cargo company for return in the preliminary notification and the consumer makes the return with this cargo company, no expense can be claimed from the consumer. If the seller has not specified any carrier in the preliminary information, no return costs can be requested from the consumer. If the specified cargo company does not have a branch in the consumer's location, the seller is obliged to ensure that the goods are collected from him without any additional costs. For payments made by credit card, the refund is made in one lump sum, in accordance with the instrument used by the consumer for payment, without incurring any charges.

Side Obligation Duration

Sales person Refund of the paid price 14 days from receipt of the notice of withdrawal

Consumer Returning the goods 10 days from notice of withdrawal

Sales person Sending the ordered goods If there is no commitment, 30 days at the latest

Seller/Intermediary service provider Notifying impossibility of performance 3 days from learning

Concrete Application Scenario

Incident Summary Form

A consumer purchases wireless headphones from an e-commerce site. The product is delivered by cargo six days later. After opening the packaging of the product and trying it for a short time, the consumer thinks that it does not meet his expectations and wants to return it.

Application and Legal Process

On the ninth day from delivery, that is, within the fourteen-day period, the consumer clearly notifies the seller of his/her will to withdraw via e-mail. Although the product is an electronic device, the right of withdrawal is valid since it does not fall into the "delivered mobile phone, smart watch, tablet and computer" category, which is among the exceptions listed in the law (wireless headphones are not within the scope of this exception). The consumer sends the product back with the contracted cargo company specified by the seller within ten days from the notification.

Conclusion

The seller refunds the entire amount paid within fourteen days from the date of receipt of the notice of withdrawal, at once, to the credit card used by the consumer for payment. No deductions can be made from the consumer on the grounds that the product has been tested; Because within the scope of the right of withdrawal, it is acceptable to examine the product within the limits of normal use.

Practical Information About the Process

Stage Duration Note from the Field

The right of withdrawal must be made in writing or in a permanent data recorder within 14 days of delivery (contract in service); Not by phone.

If the preliminary information is missing, up to 14 days + 1 year. The consumer who is not informed about the right of withdrawal is not bound by the period of use.

return of goods 10 days from notice of withdrawal If there is a contracted cargo specified by the seller, it will be returned free of charge.

The refund must be made within 14 days from the receipt of the notification, in accordance with the payment instrument, free of charge and in one go.

Frequently Asked Questions

If I opened the packaging of the product, will I lose my right of withdrawal? As a rule, no. Subjecting the product to a normal examination to understand its functioning does not eliminate the right of withdrawal. However, the opening of the protective packaging of hygiene products or the opening of the packaging of digital content products such as CDs and DVDs is considered as an exception to the right of withdrawal in the law.

Can the seller ask me for the return shipping fee? If the seller has specified a contracted cargo company in the preliminary information and the refund is made through this company, no expense can be claimed. If the seller has not specified any carrier, the consumer cannot be charged for return costs.

Can I call and exercise my right of withdrawal? No. Due to the difficulty of proof, the right of withdrawal by telephone is not included in the legislation. Notification must be made in writing or via a permanent data recorder such as e-mail or text message.

What can I do if the product I ordered does not arrive within thirty days? If there is no promised delivery time, the seller must send the goods within thirty days at the latest. If this period is exceeded, the consumer may terminate the contract and request a refund of the entire amount paid, including legal interest, within fourteen days.

Do I have the right to withdraw from a product I had made according to special measurements? No. Goods prepared in line with the consumer's special wishes and needs are clearly listed among the exceptions in the law where the right of withdrawal cannot be used.

I exercised my right of withdrawal, but the seller does not refund the price, what can I do? If the seller does not return the price within the legal period of fourteen days, the collection of the price may be requested by applying to the Consumer Arbitration Committee or the Consumer Court, depending on the value of the dispute.

Attention: These Errors May Lead to Loss of Rights

Noticing the deadline late: The fourteen-day period is definitive; Failure to note the delivery date correctly will result in loss of the right of withdrawal.

Attempting to withdraw by phone: Verbal/phone notifications are not considered valid and cause proof problems; Written notification should always be preferred.

Insisting on products within the scope of exception: Requesting withdrawal for products within the scope of exception, such as special orders, hygiene or digital content, will be rightfully rejected by the seller.

Not keeping the notification record: If a screenshot or record of the withdrawal notification made via e-mail or message is not kept, it will be difficult to prove that the notification was made on time.

Overlooking the lack of preliminary information: If the seller has not informed about the right of withdrawal, the consumer is not limited to fourteen days; Rights that are thought to have expired may be abandoned without this right being known.

Conclusion

The right of withdrawal in distance contracts is a strong and unjustifiable right that protects the consumer against the risk of purchasing a product that he cannot physically examine. However, the effective use of this right depends on the correct calculation of the period, the proper notification and the correct evaluation of whether the product is within the scope of the exception. If the seller delays the refund or makes an unfair deduction, an application can be made to the Consumer Arbitration Committee or the Consumer Court, depending on the value of the dispute. In cases where your right of withdrawal is not recognized by the seller or the process takes a long time, getting support from a consumer law lawyer will prevent both time and loss of rights. As Küheylan Law Firm, we provide support to our clients with our expert staff in distance contracting and right of withdrawal disputes.

Hunting. Mert Deniz Küheylan

Important Legal Notice: The legal explanations in this guide have been prepared by Küheylan Law Firm for general information purposes based on the legislation in force as of 2026 and do not constitute legal advice. The result may vary depending on the circumstances of each concrete case and the practices of the seller/intermediary service provider. Since failure to exercise the right of withdrawal in a timely and proper manner may lead to loss of rights, it is recommended that the process be carried out with the support of a lawyer.

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