Consumer Rights in Online Shopping: Withdrawal, Return, and Application Procedures

Common problems with online shopping include receiving products that are different from what was expected, defective products, the wrong product being sent, or no delivery at all. It is important for consumers to know what rights they have in these situations and within what timeframes they must take action.

withdrawal and the rights acquired due to defective goods are different from each other .

14-Day Right of Withdrawal

In distance contracts, consumers have the right to withdraw from the contract within 14 days without giving any reason and without paying any penalty , subject to the exceptions specified in the law

In the sale of goods, the time limit generally on the day the product is delivered to the consumer . In service contracts, the time limit begins on the day the contract is concluded. The right of withdrawal can also be exercised even before the product is delivered.

When exercising your right of withdrawal, you do not need to state a reason. However, it is important that the notification in writing and verifiable . Email, the platform's refund system, or other permanent data storage methods can be used.

After a cancellation notice is given, the goods must generally be returned to the seller within 14 days . The seller must also refund the payment within 14 days, in accordance with the conditions stipulated by law

Is there a right to withdraw from a purchase for every product?

No. The law provides several exceptions to the right of withdrawal.

For example;

• Products specially prepared according to the consumer's requests,
• Perishable goods,
• Some products whose protective packaging has been opened and which are not suitable for return due to hygiene reasons,
• Certain accommodation, car rental, and event services are booked for use on a specific date or period
• Some services, which begin to be performed with the consumer's consent before the expiration of the withdrawal period,
• Digital content that has been opened under the conditions specified in the legislation

It may be excluded from the right of withdrawal.

Therefore, there is no general rule that states, "I can return any product I buy online within 14 days without any conditions.".

On the other hand, opening the box of products such as mobile phones, tablets, and computers is not a general rule that automatically voids the right of withdrawal. The nature of the product and how it is used should also be evaluated.

If the product is defective, do I still have rights even after 14 days?

Yes.

If a product is defective, the issue is not limited to the right of withdrawal alone. Under the Law No. 6502 on Consumer Protection, consumers may have various optional rights.

When consumer conditions arise;

• Cancellation of the contract and refund,
• Price reduction proportional to the defect
• Free repair,
• If possible, replace it with a faultless equivalent

can benefit from their rights.

The general statute of limitations for liability for defective goods is two years from the date of delivery. For residential and holiday properties, this period is five years. Special provisions may apply to second-hand sales and cases where the defect is concealed through fraud.

Therefore, "14 days have passed, I have no rights anymore" is not true when it comes to defective products.

If the wrong product or a missing product is sent

If you receive a different product than the one you ordered, or if the product does not meet the specifications stated in the contract, please keep your order details, product description, invoice, and delivery documents.

If the product does not conform to the contract, rights arising from defective goods and breach of contract may arise.

The seller's statement "this was in stock" alone does not legally justify sending a different product.

What if the product is never delivered?

Unless the parties have agreed on a different delivery time, the seller should, as a rule, deliver the goods within a maximum of 30 days

If the product is not delivered or delivery becomes impossible, the consumer may have the right to terminate the contract and request a refund of the amount paid.

Furthermore, the seller is responsible for any loss or damage that occurs until the goods are delivered to the consumer, within the framework of the conditions specified by law.

Can a seller say "No returns"?

The presence of a statement on the seller's website such as "no returns" or "no returns on promotional items" does not, in all cases, negate consumer rights arising from the law.

However, it should also be examined whether the product falls within the exceptions to the right of withdrawal.

What can be done if a refund is not issued?

First, contact the seller in writing and clearly state which rights you are exercising.

Be sure to keep these documents:

• Order and payment records,
• Invoice,
• Product listing,
• Shipping information,
• Cancellation/return request,
• Emails and text messages,
• Product photos and videos,
• Shipping receipt.

If the problem is not resolved, depending on the monetary value and nature of the dispute, to the Consumer Arbitration Board or the Consumer Court .

It is important to note that the jurisdiction of Consumer Arbitration Boards monetary limits that may change each year . Therefore, the limit in effect at the time of application should be checked.

If I shopped at the marketplace

Shopping through a marketplace does not mean the platform's legal standing is irrelevant. Intermediary service providers may also have certain obligations arising from legislation.

Therefore, when a problem arises, it may be helpful to contact not only the seller but also the platform's official support and dispute reporting channels.

If I think I've been scammed

In situations such as a fake website, a fraudulent advertisement, complete cessation of communication after payment, or sales made using someone else's information, the issue may be more than just a consumer dispute.

In this situation;

• Bank statements,
• Account and payment information,
• Website or social media account,
• Their messages,
• Screenshots of the advertisement

It is important to keep the record intact and contact the relevant bank/payment institution without delay. Depending on the nature of the incident, it may also be necessary to file a complaint under criminal law.

A Shortcut to Online Shopping

When you encounter a problem during a purchase, you can follow this sequence:

1. Identify the problem: Do you want to cancel the order, is the product defective, was the wrong item sent, or was it never delivered?

2. Check the time limits: Consider the 14-day period for the right of withdrawal; and the relevant statute of limitations for defective goods.

3. Preserve the evidence: Keep invoices, orders, payments, correspondence, product descriptions, and shipping documents.

4. Notify the seller in writing: Clearly state which right you are exercising.

5. Ship the product on time if necessary: ​​Keep the shipping document.

6. If you don't get a result, apply again: Depending on the nature of the dispute, consider the Consumer Arbitration Board or the Consumer Court.

Conclusion

Consumer rights in online shopping are not limited the 14-day right of withdrawal . In addition to the right of withdrawal, consumers also have optional rights arising from defective goods, rights regarding undelivered products, and legal remedies available in consumer disputes.

The most important thing is not to miss the deadline and to exercise your right in a verifiable manner.

Whether a product is defective, whether it falls under an exception to the right of withdrawal, or which remedy should be used, may vary depending on the specific case, therefore a legal assessment is necessary, especially in high-value or complex disputes.

 

Related article: Defective goods and return rights.