Don't fall for the 'no returns or exchanges' trap: Important warnings about consumer rights

Consumers are experiencing grievances due to "No refunds" and "No exchanges" policies at some businesses.

However, according to the provisions of the Law on the Protection of Consumers and the Distance Sales Contract, it is mandatory to grant customers the right to return and exchange products in physical stores, online shopping sites, and businesses selling via social media.

İstanbul Aydın University Lecturer and Attorney Özlem Şen made significant statements regarding consumer rights, noting that such phrases have no legal basis.

Lawyer Özlem Şen emphasized that companies registered in the Trade Registry Gazette are required to grant the right of return and exchange for services just as they do for products.

Şen stated, "For services such as online courses or lessons purchased, the consumer has the right to withdraw from the contract without providing any justification within 14 days from the moment the service contract is established."

Şen also stated, "If it is not a personalized product or a product whose hygiene conditions have been compromised, they are required to accept returns. There may be no returns or exchanges for gifts prepared specifically for a name or for hygienic products."

Addressing what consumers should do when a return request is denied, Şen stated, "In cases where the seller rejects the return request, if the purchase amount is below 104 thousand liras, an application should be made to the Consumer Arbitration Committee. The application can be made via e-Devlet with documents such as the product invoice and seller information. For purchases over 104 thousand liras, it is necessary to apply to the Consumer Court."

Şen stated that applications made to the Consumer Arbitration Committee are generally concluded within 6 months, but this period can be extended by an additional 3 months.

Lawyer Özlem Şen stated that consumers can file a criminal complaint against a seller in cases such as the failure to issue a refund within 10 days despite the product being returned to the seller, or the delivery of a different product than the one ordered.

“Especially in purchases made through platforms like Instagram and Facebook, if the product sent is different, it constitutes qualified fraud. According to Article 158 of the Turkish Penal Code, this offense carries a prison sentence of 3 to 10 years.”

Özlem Şen emphasized that consumers also have the right of withdrawal regarding second-hand sales made over the internet. Stating that phrases such as "Returns are not accepted" used by those selling second-hand products have no legal basis, Şen added that if the return process is delayed, the consumer can charge interest on that amount.