KÜHEYLAN HUKUK
Order Not Delivered, Lost or Damaged: Cargo Responsibility and Refund 30-day delivery limit, damage and loss in cargo, product not arriving although it appears "delivered", return methods according to cargo report and payment method have been updated as of 2026
For orders placed online, the seller must deliver the product within the promised time and in any case within 30 days from the order date. If the product has not arrived after this period, the consumer may withdraw from the contract and request a refund of the price paid. The seller is responsible for any damage or loss that occurs until the product is delivered to the consumer; The cargo company acts as the seller's assistant in this relationship. The fact that the cargo tracking shows delivery does not alone prove that the product has actually reached the consumer. The package opened in front of the cargo officer and the report prepared are the strongest evidence in damage disputes.
In distance sales contracts, the seller must fulfill his/her performance within the promised period from the date the order is received. In case of goods sales, this period cannot exceed thirty days. If there is a shorter period in the contract, that period will be taken as basis. The seller cannot extend the 30-day limit by contract or general conditions.
If delivery is not made within the period, the consumer may exercise his right to withdraw from the contract. Return notification can be made in writing or via permanent data storage such as e-mail, text message, in-app message. In terms of proof, it is recommended to allow a reasonable grace period and record the notification. In case of return, the fee paid is refunded; Payments made by credit card are transferred to the card, payments made by money order or EFT are transferred to the account declared by the consumer.
2. Damage and Loss in Shipping: Who is Responsible?
The seller is responsible for any damage or loss that occurs until the goods are delivered to the consumer. The shipping company is the seller's carrier; The seller can recourse to the carrier, but the seller is still the addressee against the consumer. In purchases made through an intermediary service provider (marketplace), the responsibility of the intermediary service provider is also evaluated.
The package is dented or torn on the outside Damage is deemed to have occurred before delivery It must be opened and a report prepared in front of the cargo officer, and it must not be received.
The package is intact, the product inside is damaged or missing Defective goods provisions apply The opening photo and video must be taken and notified to the seller on the same day.
The tracking shows it was delivered, but the product has not arrived The burden of proof of delivery is on the seller and the carrier. Signature and delivery record must be requested and written objection must be made.
The product was left to another address or person The seller is not deemed to have fulfilled his obligation. Receiving person and time information must be requested.
The product was lost in shipping Seller will refund or resend the price Notice of loss and order documents must be retained
If the delivered product is damaged or incomplete, this is subject to the provisions of Law No. 6502 regarding defective goods. The consumer can choose one of the following rights from the seller: free repair, replacement without defects, price reduction or withdrawal from the contract. In cases where cargo damage is not visible from the outside but is noticed when the product is opened, it is important to notify the seller without delay.
The silence and long wait after receiving the damaged product strengthens the seller's defense that the damage arose from consumer use. Therefore, the packaging, shipping label and product photos should be kept until the return process is completed.
Credit card: If a refund cannot be received from the seller, an objection can be made to the bank regarding the card on the grounds of undelivered or damaged products. The process may take weeks depending on the bank application.
Money Order or EFT: There is no bank objection. Refund is subject to the cooperation of the seller, or, in his absence, legal recourse.
Payment at the door: If payment is made before the product is opened, the cargo report and seller correspondence form the basis for the refund request.
Marketplace payments: The payment often sits in the intermediary service provider account; Reporting a problem before delivery confirmation makes the return easier.
Refund must be made within 14 days after notification of return is received by the seller. If the period is exceeded, legal interest and damage suffered by the consumer may be claimed.
1. Notification to seller Non-delivery or damage must be reported in writing Order number, payment document and photos are added
2. Platform and bank Marketplace customer services and bank objection are used if necessary Application numbers are stored
3. Arbitral Tribunal Application for disputes under 186,000 TL (2026) The decision can be objected within 15 days from notification.
4. Consumer Court Post-mediation case on value limit Delivery report and records are presented as evidence
5. Administrative complaint Application to the Ministry of Commerce and provincial directorate May cause administrative sanctions, does not provide a refund
The consumer ordered a high-priced phone from the website and made the payment by credit card. Although the cargo tracking shows that the product has been delivered, the product has not arrived. The seller notified that the delivery has been completed and his responsibility has ended.
The seller must prove that he delivered the product to the consumer or the person authorized by him. Signature record, identity of the person receiving the delivery and delivery location should be requested from the cargo company. If this evidence cannot be presented, the seller is deemed not to have fulfilled his debt. The consumer makes the return notification in writing, and if the return is not received, he/she objects to the bank and applies to the Arbitration Committee. A simultaneous written application to the cargo company is useful for proof.
Do I have to wait if the product has not arrived within 30 days?
No. When the period expires, the consumer can withdraw from the contract. It is also possible to continue waiting, but this is a choice, not an obligation.
Do I have to open the package when receiving the cargo?
It is not mandatory; However, if damage is visible from the outside, it is very important to keep a report. If there is no report, it can be claimed that the damage occurred after delivery.
Is the shipping fee included in the return?
In case of withdrawal from the contract, the standard delivery cost will be refunded along with the product price. The cost of returning a damaged or missing product cannot be borne by the consumer.
The seller blames the cargo company. Is this defense valid?
Responsibility towards the consumer lies with the seller. The dispute with the cargo company is the internal relationship of the seller.
Can a criminal complaint be filed if the product never arrived?
If the seller does not intend to deliver from the beginning, fraud may occur. This evaluation should be based on the seller's history and order conditions.
Opening the package after the cargo officer leaves, noticing the damage and objecting without a report.
Talking to the seller only on the phone; Not creating written records.
Delaying applying to the bank for the undelivered order.
Discard the packaging and shipping label.
Withdrawing the return notification without refunding the product price.
Failure to deliver the order or arriving damaged is not only a grievance for the consumer, but also a legal moment in which certain rights arise. The seller's 30-day delivery obligation, liability for damage and loss until delivery, and the burden of proof of delivery are the consumer's strongest bases. In order for these rights to be exercised, evidence such as minutes, photographs and written notification must be produced in a timely manner.
Küheylan Law Firm supports the consumer in evaluating evidence in delivery and damage disputes, conducting correspondence with the seller and the platform, managing bank objections and Consumer Arbitration Committee and court processes. When the process is set up correctly, refunds can often be obtained without the need for lengthy litigation.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and judicial precedents may change; The concrete circumstances of each event are different. In order to avoid loss of rights, a case-specific legal evaluation must be made in terms of lawsuit, application and objection periods.
Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul | info@kuheylanhukuk.com | kuheylanhukuk.com | © 2026 Küheylan Law Firm
KÜHEYLAN HUKUK