What If a Seller Refuses an Online Return?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
In online shopping, consumers may encounter problems regarding returning the product they purchased, receiving a refund, and exercising their rights against defective products. Lawyer Aylin Esra Eren emphasized that the right of withdrawal and the rights arising from defective goods must be distinguished from each other.
Can every product purchased online be returned within 14 days?
In distance contracts, as a rule, the consumer may exercise the right of withdrawal within 14 days from the date of receiving the goods, without giving any justification and without paying a penalty. However, there are exceptions provided for in the law. It cannot be stated that there is an unconditional right of return for every purchase without evaluating the nature of the product and the type of contract.
What can be done if the seller rejects the return request?
The consumer must preserve the order and payment records, correspondence with the seller, and documents showing that the notification of withdrawal was sent. Depending on the nature of the dispute and its monetary limit, recourse to the Consumer Disputes Committee (Tüketici Hakem Heyeti) or the consumer court may come onto the agenda. As a rule, an application to a mediator must be made before filing a lawsuit in the consumer court; statutory exceptions must be evaluated separately.
Are defective products and the right of withdrawal the same thing?
No. The right of withdrawal allows cancellation of the contract without giving any justification under certain conditions in distance contracts. In the case of defective goods, however, the consumer's optional rights stipulated in the law may come onto the agenda because the product does not conform to the contract.
Is the right of return lost if the product box has been opened?
It is not lost in every case. The type of product, state of use, and relevant exceptions to the right of withdrawal must be evaluated. Special rules apply to certain products; unsealing or opening the packaging alone does not produce the same result for all products.
Assessment of Lawyer Aylin Esra Eren
“In online shopping, consumers must first determine whether their claim is based on the right of withdrawal or on rights regarding defective goods. Preserving correspondence with the seller and payment documents is important in resolving the dispute. When making an application, the amount of the dispute, the nature of the product, and the procedural rules stipulated by the relevant legislation must be taken into account.”