Distance sales contract is a sale made electronically by the parties without being physically together. It is regulated in Article 48 of TKHK.
14-Day Right of Withdrawal
The consumer may withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. Refund must be made within 14 days.
Exceptions of the Right of Withdrawal
- Goods prepared in line with the consumer's special requests
- Goods that deteriorate quickly or have expired
- Goods whose packaging, tape or seal has been opened after delivery and which are not suitable for return due to health and hygiene reasons
- Digital content (after uploading/publishing begins after)
- Accommodation, transportation, restaurant reservations made for a certain date or period
Obligations of the Seller
- Information text regarding the right of withdrawal
- Contract conditions before the transaction
- Storing the distance contract in a permanent data storage
- If clarification is not provided, the withdrawal period is 1 year extends
Supreme Court 13th HD
Supreme Court 13th HD accepts that unilateral records of e-commerce sites stating "there is no right of withdrawal" are unfair and will be deemed invalid.
Consumer/IT law lawyer support is recommended.