According to Article 48 of the Consumer Protection Law No. 6502:

The seller or provider must fulfill their commitment within the promised period from the moment the consumer’s order reaches them. For sales of goods, this period cannot exceed thirty days under any circumstances. If the seller or provider fails to fulfill their commitment within this period, the consumer may terminate the contract.

The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. It is sufficient for the notification of the exercise of the right of withdrawal to be directed to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, they are not bound by the fourteen-day period to exercise it. In any case, this period ends one year after the expiry date of the withdrawal period. The consumer is not responsible for changes and deteriorations caused by the ordinary use of the goods within the withdrawal period.

Those who facilitate the establishment of distance contracts on behalf of the seller or provider by using remote communication tools within their system are obliged to keep records of the transactions related to the seller or provider and provide this information to the relevant institutions, organizations, and consumers upon request. However, those who facilitate transactions under this clause are responsible for their actions that violate the contract they made with the seller or provider.

According to the third paragraph of Article 9 of the Regulation on Distance Contracts, the following dates are taken into account for determining the withdrawal period:

  • For goods that are subject to a single order but delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,
  • For goods consisting of multiple parts, the day on which the consumer or the third party designated by the consumer receives the last part,
  • For contracts in which the goods are delivered regularly for a certain period, the day on which the consumer or the third party designated by the consumer receives the first good.

According to Article 13 of the same regulation, the consumer must send the goods back to the seller or provider or the person authorized by them within ten days from the date on which they notify the seller of their exercise of the right of withdrawal. The consumer is not responsible for changes and deteriorations caused by the proper use of the goods in accordance with their functioning, technical specifications, and usage instructions within the withdrawal period.

Situations/Products Where the Right of Withdrawal Cannot Be Exercised

According to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the following contracts:

  • Contracts related to goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the seller or provider,
  • Contracts for goods prepared in line with the consumer’s requests or personal needs (e.g., clothes prepared according to a person’s body measurements),
  • Contracts for goods that may perish quickly or whose expiration date may pass,
  • Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and which are not suitable for return due to health and hygiene reasons (e.g., hair accessories, bridal crowns, flower bouquets, veils, pouches),
  • Contracts for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
  • Contracts for books, digital content, and computer consumables offered in material form if their protective elements such as packaging, tape, seal, or package are opened after delivery,
  • Contracts for periodicals such as newspapers and magazines, except for those provided under a subscription agreement,
  • Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure or entertainment activities to be performed on a specific date or period,
  • Contracts for services performed instantly in electronic environment or for intangible goods delivered instantly to the consumer,
  • Contracts for services started with the consumer’s approval before the end of the withdrawal period.

Can the Consumer Be Held Responsible for Value Reduction of the Product Due to Use?

The buyer will inspect the goods/services subject to the contract before accepting them from the cargo company; they will not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. The accepted goods/services will be considered undamaged and intact. The buyer must carefully preserve the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must also be returned with the product.

If a reduction in the value of the goods occurs or if it becomes impossible to return the goods due to the buyer’s fault, the buyer must compensate the seller’s damages in proportion to their fault. However, the buyer is not responsible for changes and deteriorations caused by the proper use of the goods within the withdrawal period.

If the exercise of the right of withdrawal causes the campaign limit set by the seller to fall below the threshold, the discount amount benefited from the campaign will be canceled.

Who Pays for the Return Shipping Cost in the Exercise of the Right of Withdrawal?

In the exercise of the right of withdrawal, the buyer is not responsible for the return shipping costs if they use the carrier specified by the seller. If the seller has not specified any carrier for the return in the preliminary information, the consumer cannot be charged for the return shipping cost. If the specified carrier does not have a branch where the consumer is located, the seller must ensure that the goods to be returned are collected from the consumer without any additional cost.

According to the general communiqué of the Tax Procedure Law, the sections related to the return must be filled out completely on the invoice sent to the buyer and sent back with the product for the return process to be completed.

How is the Refund Made Upon the Exercise of the Right of Withdrawal?

The seller or provider must return all payments collected from the buyer, including delivery costs, if any, within fourteen days from the date on which they receive the notification of the consumer’s exercise of the right of withdrawal.

What is the Delivery Time for Products Ordered Through the Platform?

The seller or provider must fulfill their commitment within the promised period from the moment the consumer’s order reaches them. For sales of goods, this period cannot exceed thirty days under any circumstances. If the seller or provider fails to fulfill their commitment within this period, the consumer may terminate the contract.

What Are the Rights and Responsibilities of the Buyer and Seller if the Product Cannot Be Delivered on Time Due to Unforeseen Reasons?
If unforeseen force majeure reasons arise and the product cannot be delivered on time, the situation will be communicated to the buyer. The buyer may request the cancellation of the order, the replacement of the product with a similar one, or the postponement of delivery until the impediment is removed. If the buyer cancels the order; if the payment was made in cash, the amount will be refunded in cash within 14 days from the date of cancellation. If the buyer made the payment by credit card and cancels, the product price will be refunded to the bank within 14 days from the cancellation, but it may take 2-3 weeks for the bank to transfer it to the buyer’s account.

How Will the Buyer Use the Right of Withdrawal?

The invoice of the product delivered to the person or the buyer that is to be returned must be sent (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution). Orders whose invoices are issued on behalf of institutions cannot be completed without issuing a return invoice.

The return form, the box, packaging, standard accessories (if any), and other products to be returned must be delivered completely and without damage.

To exercise the right of withdrawal, written notification must be sent to the seller within 14 days by registered mail, fax, or email, and the product must not have been used within the framework of the “Products for which the Right of Withdrawal Cannot Be Exercised” provisions of this contract.

What is the Seller’s Responsibility in Case of a Return Request?

The seller must return the total amount and the documents that put the buyer under debt within 14 business days at the latest from the receipt of the withdrawal notification and the product and can take back the product within 14 business days. Alternatively, the seller may determine that the product is not subject to the right of withdrawal and notify the buyer in writing (including SMS and email) with justification, in which case the seller’s payment obligation is removed.

SELLER: PEKANO TURİZM TAŞIMACILIK ORGANİZASYON SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Title: PEKANO TURİZM TAŞIMACILIK ORGANİZASYON SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Address: ALTINTAŞ MAH. FLORYA SK. NO: 2 A İÇ KAPI NO: 2 AKSU/ANTALYA

Phone: +90 242 322 26 97

Email: info@pekano.com

Customer Service Phone: +90 242 322 26 97