New e-Commerce Return Terms and Changes

New Return Law in E-Commerce. The factor that made e-Commerce attractive for consumers was the unconditional product return within 14 days. However, this practice caused problems such as returning products with many variants after they were purchased and tried. A new regulation made important changes to this situation.

New Returns Law in E-Commerce

What are the New e-Commerce Return Policy?

In the Regulation on Distance Contracts recently published in the Official Gazette and prepared by the Ministry of Trade, important changes were announced in online shopping. Now, customers who shop online and want to return the product must also pay the shipping fee. The seller must provide the customer with the return shipping fee information in advance. The customer may return the goods with a cargo company that is not specified in advance. return/exchange if it sends a shipment, it still has to cover these costs. Previously, sellers paid the shipping costs for internet shopping.

There have also been new additions to the list of non-returnable products. This change aims to prevent uncontrolled orders. Consumers may order a large number of the same product and return others after receiving one. Such situations cause businesses to run low on stock and increased shipping costs. With this regulation, consumers will need to think more carefully when buying products online.

Also, according to the legislation, people who redirect a product seen on social media accounts such as Instagram to shopping platforms without sending money directly to personal accounts, distance sales cannot benefit from their rights. The provisions to be implemented by the new regulation can be summarized below:

• When a consumer who shops online wants to return the product, the period for sending the goods to the seller starts from the date of the withdrawal notification. 14 days.
• A system will be set up for consumers to submit and follow up their requests and this system will be open at all times. In this system, notices of exercise of the right of withdrawal, contract termination notices, transaction records between the consumer and the seller, complaints and refund requests will take place.
• Intermediary service providers are responsible for providing prior information, proof, ensuring the accuracy of the information and the advertising compatibility of the information they provide.
• Consumers will have to pay the shipping costs incurred when sending the products they want to return.
• Where it is impossible to provide the product or service after receipt of the order, the seller must notify the customer in writing within 3 days and refund all payments, including delivery costs, within 14 days from the date of notification.

How Will the Return Process Work for Technological Products?

According to the new regulation, mobile phones, smartwatches, tablets and computers will no longer be covered by the right of withdrawal. The unconditional right of withdrawal will only be available in cases where these devices are broken, incomplete or do not meet the specified specifications.

Can a Defective Product be Refunded?

If a product purchased online is defective, does not have the specified features, is defective or incomplete, consumers can return this product. In these cases, the return shipping fee must be covered by the seller.

Who Will Be Responsible for the Shipping Fee in Defective Product Returns?

According to the new regulation, consumers may have to pay return shipping costs, but the customer cannot be held responsible for these costs if the product is defective. These costs are the sole responsibility of the seller.

Has the 14-Day Unconditional Right of Withdrawal Changed?

The 14-day right of withdrawal for products purchased online is valid for 14 days from the date of the withdrawal notification. However, with the new regulation, this 14-day right of withdrawal does not apply to electronic devices.

How to Refund the Products Purchased in Installments with Credit Card?

The new regulation also introduces changes for e-commerce payments made by credit card. If the consumer exercises the right of withdrawal, the refund of the product price must be made in one lump sum within a maximum of 14 days after it reaches the bank. This change will enter into force on January 1, 2023.

Who Will Pay the Shipping Cost of Returned Products?

According to the new regulation, in the return of products purchased online, the consumer must pay the return shipping costs if the seller informs the customer. However, the consumer cannot be held responsible for these costs unless the seller has indicated that he/she must return the product by another carrier. Please note that if the seller fails to inform the consumer properly, the consumer can exercise the right of withdrawal within 1 year, not limited to 14 days.

Which Legal Remedies Should I Apply for Returns?

The seller is always responsible for the delivery of defective goods. If the seller does not remedy the victimization of its customer due to defective goods, consumers may apply to the Consumer Arbitration Committee. However, the arbitration committee is subject to application limits and these limits are determined by the Ministry of Treasury and Finance every year. Consumer Arbitration Committee‘decisions are binding and sellers who fail to comply with these decisions may claim compensation in accordance with the provisions of the Turkish Code of Obligations.

After this regulation, consumers will have to do more careful research before making purchases. The aim is to prevent waste caused by arbitrary use, reduce environmental damage and minimize the problems faced by businesses.