This content has been translated from the original text.
Under distance sales contracts, the right of withdrawal gives consumers (subject to exceptions) the possibility of returning a product within 14 days without giving any reason. In practice, however, this right is often ignored. 🛑 Refusing a return on grounds such as “No returns” or “The packaging has been opened” is not lawful! ✅ Learn your rights as a consumer and, in the event of a violation, apply to the Consumer Arbitration Committee. ⚖ Sellers, too, are obliged to comply with their information obligations and not to obstruct the right of withdrawal.
Introduction
With e-commerce having reached its present level, millions of consumers shop through websites or mobile applications without visiting physical stores. The legal framework of these purchases is drawn by distance sales contracts. One of the most important elements in safeguarding consumer rights is the right of withdrawal. In practice, however, many consumers who wish to exercise this right encounter obstacles from the seller and suffer harm from products whose return is not accepted.
In this article, the right of withdrawal under distance sales contracts is addressed in detail, and the legal avenues available to the consumer where the seller obstructs this right are explained.
What Is a Distance Sales Contract?
According to Law No. 6502 on Consumer Protection and the relevant Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği, “MSY”):
“A distance sales contract is a contract concluded between a seller or provider and a consumer, through means of distance communication aimed at marketing goods or services, without the parties being physically present together, and under which the goods or services are delivered to the consumer at a distance.”
Purchases made over the internet, mobile application orders, sales made through television, and catalogue and brochure sales fall within this definition.
What Is the Right of Withdrawal?
The right of withdrawal is a right that allows the consumer to withdraw from the contract without giving any reason and without paying any penalty. This right may be exercised:
- In sales of goods, within 14 days from the delivery of the goods to the consumer, (Under the new draft regulation prepared by the Ministry of Trade, it is envisaged that consumers will be granted a right of withdrawal within 30 days, without giving any reason and without paying any contractual penalty, in direct sales.)
- In service contracts, within 14 days from the date on which the contract was concluded.
Article 48 of the Law on Consumer Protection and Articles 9-15 of the Regulation on Distance Contracts form the legal basis of this right.
Exercising the Right of Withdrawal and the Seller's Obligations
When the consumer exercises the right of withdrawal;
- The seller is obliged to refund all payments (price of the product + shipping fee) within 14 days at the latest after receiving the returned product.
- The refund must be made by the same method as the payment instrument used by the consumer (for example, a credit card).
- Where the consumer has not used the product but has merely examined it, and there is no loss of value in the product, the refund must be made in full.
Denial of the Right of Withdrawal and Problems in Practice
Today, many consumers witness violations of the right of withdrawal in the following ways:
- The seller arbitrarily refuses the return of the product, claiming that it has been “used” or that “the packaging has been opened.”
- Statements such as “no returns” appear on websites, which misleads the consumer.
- The seller states a return period shorter than 14 days or arbitrarily exceeds this period.
- The refund is not made, or is delayed, even though the return has been received.
- The consumer is not given prior information about the right of withdrawal.
All of these situations are contrary to the law and clearly constitute a violation of the consumer's rights.
What Can Be Done Where the Seller Obstructs the Right of Withdrawal
a) Application to the Consumer Arbitration Committee:
A consumer whose right of withdrawal has been violated may apply to the district or provincial consumer arbitration committee (Tüketici Hakem Heyeti), depending on the value of the goods. As of 2025, the monetary limits are as follows:
- The Provincial and District Consumer Arbitration Committees have jurisdiction over disputes below TRY 149,000.
- Applications can be made through e-Devlet or in person/by post.
- The Law also does not provide for what action will be taken where an application is made to the provincial arbitration committee in respect of a dispute that falls within the jurisdiction of the district arbitration committee by amount or value (or to the district arbitration committee in respect of a dispute that falls within the jurisdiction of the provincial arbitration committee), or to a consumer arbitration committee that has no territorial jurisdiction (competence). The relevant provision of the Regulation provides as follows: “Consumer arbitration committees shall return to the applicant applications falling outside their jurisdiction and competence, indicating the places where the consumer may apply.”
Under this provision, in order to avoid a loss of rights, the applicant must apply to the competent committee. Otherwise, it expressly places on the arbitration committees the obligation to inform the consumer and direct them to the correct authority.
b) Filing a Lawsuit Before the Consumer Court:
For disputes above TRY 149,000, or in the event of an objection to a decision of the arbitration committee, the consumer may bring an action before the Consumer Court.
c) Complaint to the Ministry of Trade:
If it is established that the seller persistently violates the right of withdrawal, a complaint may be filed with the Ministry of Trade.
d) Refund Through the Bank (Chargeback):
In purchases made by credit card, if the consumer cannot obtain a refund, the consumer may submit a “chargeback” request to the bank.
Warnings for Sellers and Legal Liability
For sellers, failing to allow the right of withdrawal to be exercised may have serious consequences:
- Administrative fines (between TRY 3,000 and TRY 124,000 as of 2025),
- Compensation claims brought by consumers,
- Collection through enforcement proceedings,
- Damage to the brand and the company's image.
- Negative consumer reviews and complaints published on platforms such as Şikayetvar can lead to serious reputational losses, particularly for sellers operating in the digital marketplace. Before purchasing a product or service, potential buyers take into account the user experiences on such platforms and shape their decisions accordingly.
For this reason, it is important for sellers to provide clear and accurate prior information and to respond to consumer requests within the statutory period.
Situations in Which the Right of Withdrawal Cannot Be Exercised (MSY Art. 15)
In the case of products prepared specifically for the person, (Examples: a necklace engraved with a name, a dress tailored to custom measurements, an invitation designed specially for the person.)
In the case of products that may spoil quickly or whose expiry date may pass, (Examples: fresh flowers, dairy products (yoghurt, cheese), patisserie products, food products such as meat and fish.)
In the case of products unsuitable for return for health and hygiene reasons, once their packaging has been opened, (Examples: opened underwear, earphones, make-up products (lipstick, foundation), personal care products (shaver, toothbrush).
In the case of periodicals such as newspapers and magazines, (Examples: a daily newspaper subscription, a weekly magazine, a monthly economics publication.)
In the case of digital content performed instantly in an electronic environment, (Examples: an e-book purchased and downloaded, an online video course, digital games, software licences.
In the case of products purchased through live auction, (Examples: an antique painting, collectible item or second-hand watch purchased at an online auction.)
In the case of products whose installation or assembly has been carried out by the seller/service provider, (Examples: a dishwasher installed at home by the service provider, an assembled wardrobe.)
In the case of goods that, after delivery, become mixed with other products in such a way that they cannot be separated. (Examples: pulses sold loose and mixed with other foodstuffs, fish food poured into an aquarium, combined construction materials (such as ready-mixed concrete))
In addition, with the amendments that entered into force on 01.01.2025, the right of withdrawal has also been restricted for technological products such as mobile phones, computers, tablets and smartwatches. (Examples: a consumer will no longer be able to exercise the right of withdrawal in respect of a mobile phone that has been purchased and whose box has been opened, a tablet that has begun to be used, or a laptop on which set-up has been carried out.)
Duty to Provide Information
The seller must clearly inform the consumer, before the contract is concluded, about the exceptions to the right of withdrawal. If this information is not provided, the consumer may exercise the right of withdrawal in every case.
Conclusion
Distance sales contracts are a requirement of the digital age, but they are an area in which sellers, no less than consumers, must be aware of and comply with their legal obligations. The right of withdrawal is a safeguard for the consumer, and its violation leads both to individual harm and to a lack of trust across the sector.
Consumers should know their rights and use basic protective tools such as the right of withdrawal effectively; sellers, for their part, should refrain from obstructing this right for the sake of short-term gains.
