It is possible to exercise the right of withdrawal without showing a reason and without paying a penalty, within the scope of Article 18 of the Consumer Protection Law (TKHK) and Article 9 of the Distance Selling Regulation.
1- According to Article 18 of the Consumer Protection Law, the consumer has the right to withdraw from the installment sales contract within 7 days. In this context, the consumer does not have the right of withdrawal if there is no defect in the product subject to sale in cash sales made at the point of sale. The important point here is that the right of withdrawal should be evaluated within the scope of non-defective goods. The optional rights granted to the consumer in Article 219 of the Code of Obligations and Article 11 of the Consumer Protection Law are reserved in terms of defective goods.
2- The right of withdrawal is also valid in distance sales. For a distance sales contract, the parties must not come face to face physically, the contract must be established using a means of communication, and there must be a system for the distance marketing of the goods or services. For this reason, the vast majority of contracts established on the internet are within the scope of distance contracts regulated in TKHK 48. Accordingly, according to Article 9 of the Distance Sales Regulation, the consumer can withdraw from the contract within 14 days without giving any reason and without paying any penalty. If the consumer is not informed about the right of withdrawal, he/she is not bound by this period.
In other words, the consumer can withdraw from the contract and return the product within 7 days in an installment sales contract and within 14 days in a distance sales contract.
Apart from these, consumers are also granted the right to withdraw from the contract within 14 days in some contracts without giving any reason and without paying any penalty.
These are:
- Consumer Credit Agreement,
- Timeshare and Long-Term Holiday Service Agreement,
- Prepaid Housing Sales Agreement,
- Agreement Established Outside the Workplace
- Distance Contract Regarding Financial Services.
In installment sales, it is sufficient for the notification that the right of withdrawal is used to be sent to the seller within this period. In distance sales, the declaration of intent must be sent to the seller in writing or via permanent data storage within the period. In distance sales, the seller must immediately send the consumer confirmation information that the withdrawal declarations sent by the consumers have reached them.
When exercising the right of withdrawal, the consumer can only use the purchased goods to the extent required by a regular review; otherwise, the consumer cannot exercise the right of withdrawal.
