Right of Withdrawal | Consumer Lawyer | Lawyer in Izmir | Izmir Law Firm
What is the Right of Withdrawal?
Under distance selling contracts, consumers have the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.
A distance selling contract, within the scope of legal regulations, refers to contracts established between the seller or provider and the consumer for the remote marketing of goods or services, without the simultaneous physical presence of both parties, using remote communication tools from the moment the contract is concluded until and including the moment of its conclusion. Products you purchase online can be given as an example.
Within what number of days must the right of withdrawal be exercised? What is the time limit?
The withdrawal period begins on the day the contract is concluded for service contracts; and on the day the consumer or a third party designated by the consumer receives the goods for contracts relating to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. Delivery of the goods by the seller to the carrier is not considered delivery to the consumer.
The seller or provider is obligated to prove that the consumer has been informed of their right of withdrawal. If the consumer is not properly informed about their right of withdrawal, they are not bound by the fourteen-day period for exercising it. In any case, this period expires one year after the expiration date of the withdrawal period.
What are the limits of the right of withdrawal?
The right of withdrawal cannot be exercised for the products listed below.
- Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier.
- Contracts relating to goods prepared according to the consumer's wishes or personal needs.
- Contracts for the delivery of perishable goods or goods that may expire.
- Contracts relating to the delivery of goods from which protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
- Contracts relating to goods that, after delivery, are mixed with other products and are by their nature impossible to separate.
- Contracts relating to books, digital content, and computer consumables presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
- Contracts for the delivery of periodicals, such as newspapers and magazines, other than those provided under a subscription agreement.
- Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period.
- Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
- Contracts for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period.
What are the seller's obligations under the right of withdrawal?
The seller or provider is obliged to refund all payments received, including any delivery costs to the consumer, within fourteen days of receiving notification that the consumer has exercised their right of withdrawal.
For our other articles prepared under the Consumer Protection Law No. 6502 (TKHK);
- How to Apply to the Consumer Arbitration Board? Consumer Rights
- What Rights Does the Consumer Have if the Purchased Goods Are Defective?
- Consumer Arbitration Committee 2021 Monetary Limit Increased
- Customer Service Time Should Not Exceed 65 Seconds!
- Do I Have to Pay a Credit Card Annual Fee? What Fees Can Banks Charge You?
- Right of Withdrawal
- What Is a Pre-Information Form?
- Passenger Rights in the Event of Flight Cancellation or Delay
- Statute of Limitations for Hidden Defects
- Consumer Arbitration Board Threshold for 2023
- Consumer Rights Regarding Defects in Residential Properties
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