Article 48 of TKHK No. 6502 grants the consumer a 14-day right of withdrawal in distance (e-commerce) contracts. This right is the fundamental guarantee of digital shopping.
Legal Framework
- TKHK article 48: Distance contracts.
- Distance Contracts Regulation.
- Obligation to inform (art.48/2).
- Withdrawal period is 14 days from the date of establishment/receipt of the contract.
Start of the Right of Withdrawal Period
- Service: From the date the contract was established.
- Goods:From the date the consumer receives the goods.
- Multiple goods in one order:Delivery of the last goods.
- Regular delivery:Delivery of the first goods.
The Impact of Lack of Information
If the seller has not provided information about the right of withdrawal:
- The withdrawal period is extended to 1 year
- If the information is given later, it operates for 14 days from the date the information is given.
Exceptions (Goods Without Right of Withdrawal)
- Perishable goods (food).
- Goods that do not comply with hygiene conditions (underwear, socks — if opened).
- Made according to the consumer's personal wishes/needs (custom order).
- Audio-video recordings, software, books (if the packaging is opened).
- Online digital content (if download is complete).
- Periodical publication (newspaper, magazine).
- Hotel reservation, entertainment tickets (specific date).
- Betting/games of chance.
Return and Refund
- The consumer must return the goods within 10 days.
- Seller must provide refund within 14 days.
- Loss of value due to use: consumer responsible (outside due control).
- Shipping cost: who will pay — subject to clear information.
Supreme Court 13th HD — Established Approach
13. HD adopts that the right of withdrawal in distance contracts should be interpreted broadly, that the seller's lack of information should be interpreted in favor of the consumer, and that the loss of value in the return of "used goods" should be calculated at a reasonable rate.
Typical Disputes
- Refusal to return as "used" — consumer has reasonable right to check.
- Refund delay.
- Debate on shipping fee.
- Warranty period/defective goods exclusion.
- Digital content exception.
Practical Tips
E-commerce returns are under the guarantee of TKHK. Consumer law lawyer recommended.