Consumer S.Y. buys a winter coat from an e-commerce site with a “Season Finale 50% Discount” campaign. The product is delivered to their address 5 days later. S.Y. tries on the coat, but the size is smaller than expected.<\/p>\n
3 days after the delivery of the product (8th day in total), S.Y. wants to create a return request by entering the “My Returns” section of the e-commerce site. However, the system blocks the request with a warning stating, “Returns and exchanges cannot be made as this product is on promotion.”<\/p>\n
When S.Y. checks the “Frequently Asked Questions” section of the site, they notice a clause stating, “There is no right of return\/exchange for all discounted and promotional products.” They receive the same answer when they call customer service.<\/p>\n
Legal Evaluation<\/b> This case is a clear violation of the “right of withdrawal in distance sales” regulated by the Law on the Protection of the Consumer No. 6502 (TKHK).<\/p>\n
1. What is the 14-Day Unconditional Right of Withdrawal?<\/b> According to TKHK Article 48, the consumer has the right to withdraw from the contract within 14 days<\/b> in distance contracts (i.e., shopping via internet, telephone, etc.) without showing any reason and without paying any penal clause.<\/b><\/p>\n This 14-day period starts on the day the goods are delivered<\/b> to the consumer.<\/p>\n<\/li>\n Reasons such as “size not fitting” or “not liking the product” are included in the scope of “without showing reason.”<\/p>\n<\/li>\n<\/ul>\n 2. The Seller’s “No Returns” Clause is Invalid<\/b> The “no returns on promotional products” clause placed by the e-commerce site in its contract or FAQ section is legally absolutely void<\/b> as it contradicts the mandatory provision of the law. Such unfair terms against the consumer do not bind the consumer. The seller cannot take away this legal right of the consumer by using the product being on discount as an excuse.<\/p>\n 3. What are the Exceptions to the Right of Withdrawal?<\/b> Situations where the right of withdrawal cannot be used are limitedly listed in the law. These are:<\/p>\n Products personalized at the consumer’s request (writing a name on it, etc.).<\/p>\n<\/li>\n Perishable foods.<\/p>\n<\/li>\n Products whose protective elements (packaging, tape, seal) have been opened and are unsuitable for return due to hygiene (underwear, earrings, etc.).<\/p>\n<\/li>\n Digital content or software.<\/p>\n<\/li>\n<\/ul>\n The “coat” subject to this case does not fall into any of these exceptions.<\/p>\n Legal Result and Solution Methods<\/b> The seller company systematically blocking the return request and verbally rejecting it is clearly unlawful. The path Consumer S.Y. should follow is:<\/p>\n 1. Written Notification (Notice):<\/b> S.Y. should send a notice (email)<\/b> to the official email address or KEP address of the seller company, clearly stating that they want to exercise their right of withdrawal before the 14-day legal period expires (on the first 8th day). This email is very important to prove that the notification was made within the legal period.<\/p>\n<\/li>\n 2. Application to Consumer Arbitration Committee:<\/b> If the seller refuses to take the return and does not refund the money despite this notification, S.Y. should immediately apply to the Consumer Arbitration Committee<\/b> (TTH).<\/p>\n This application can be made free of charge and easily via the e-Government “T\u00dcB\u0130S” system.<\/p>\n<\/li>\n Order details, delivery date of the product, screenshot of the site saying “no returns,” and the sent withdrawal notification email should be added as evidence to the application.<\/p>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n Probable Result:<\/b> The Consumer Arbitration Committee will decide that the seller’s “no returns on promotional products” condition is invalid, relying on the clear provision of Law No. 6502. The TTH will rule that the consumer exercised their right of withdrawal within the legal period, deciding that S.Y. should return the product and the seller should refund the entire price paid (including shipping fees)<\/b> to the consumer. This decision has the nature of a court judgment and is enforceable.<\/p>\n Conclusion and Advice<\/b> Tags like “discount,” “campaign,” or “outlet” in online shopping do not give the seller the authority to restrict your legal right of withdrawal. Such restrictive clauses unilaterally placed by e-commerce sites are legally invalid. As a consumer, you should know that you have a 14-day unconditional return right and should not hesitate to apply to the Consumer Arbitration Committee when this right is blocked.<\/p>\n","protected":false},"excerpt":{"rendered":" Return of a product bought online with “Season Discount” was refused. Blocking of the right of withdrawal by e-commerce sites and the consumer’s legal rights.<\/p>\n","protected":false},"featured_media":841,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","project-cat":[798],"class_list":["post-877","portfolio","type-portfolio","status-publish","has-post-thumbnail","hentry","project-cat-commercial-corporate-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/portfolio\/877","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/portfolio"}],"about":[{"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/types\/portfolio"}],"replies":[{"embeddable":true,"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/comments?post=877"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/media\/841"}],"wp:attachment":[{"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/media?parent=877"}],"wp:term":[{"taxonomy":"project-cat","embeddable":true,"href":"https:\/\/sura-hukuk.com\/en\/wp-json\/wp\/v2\/project-cat?post=877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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