The consumer has the right to withdraw from the contract within 14 days without giving any justification and without paying any penal clause, pursuant to Article 48 of the Law No. 6502 on the Protection of the Consumer.
But why can Instagram boutiques write “no returns” with such confidence? What does the law say about this?
First, let’s talk about the details of the “right of withdrawal”:
This 14-day right of withdrawal can be exercised by the consumer during the period from the conclusion of the contract to the delivery of the goods. If the seller does not fulfill the obligation of prior notification regarding the distance sales contract, the right of withdrawal increases to 1 year.
However, there are some exceptions to the right of withdrawal. For example, the right of withdrawal cannot be exercised in distance contracts regarding perishable and expired goods, or goods prepared in line with the wishes or personal needs of the consumer, licenses or digital products.
In order to exercise the right of withdrawal, it is sufficient to notify the seller or supplier in writing.
In case the right of withdrawal is exercised, the consumer must return the goods free of charge with the cargo company specified by the seller within 10 days, and the seller must return the price within 14 days. If the consumer uses the product in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for the changes and deteriorations that occur.
In addition, the seller has to fulfill his order within the promised time. In the sale of goods, this period cannot exceed 30 days. Otherwise, the consumer will be able to terminate the contract without paying any penalty. For the resolution of such disputes, it is necessary to apply to consumer district arbitration committees, provincial arbitration committees or consumer courts, depending on the amount of dispute.
Let’s get straight to the point: Why is it difficult to return products from Instagram boutiques?
Because they do not issue invoices, or rather, the number of people who demand it is very few. Unfortunately, the problem of proof arises when there is no invoice or document showing that you have purchased the product. Since it is an illegal sale, you are supporting this lawlessness by buying products from these boutiques.
It’s kind of like buying second hand items.
In this case, you should never pay before the product reaches you, you should make the payment after seeing it at the door and trying it. However, as we have stated before, even if there is an opportunity to pay at the door, a product should never be purchased from a seller who does not issue an invoice.
If you pay without buying the product, a cucumber may come out of the box where you hope the shoes will come out. Maybe they won’t even send it (After all, the cucumber weighed in at 30 pounds).
Why is the state not taking any action in the face of this unlawfulness?
It’s actually taking a step. These people move too much and freely. The Ministry of Commerce and Finance are following these people, but it is not clear how far they can reach. Since boutique sellers do not pay taxes, the government usually tries to catch them here.
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