The dress you saw on Instagram, the headphones promoted on TikTok, or the shoes you ordered via WhatsApp arrived, but they were not what you expected. When you contact the seller, the answer is often the same: “No returns, exchanges only.” This article explains exactly what you can do at that point.

A purchase made through social media is legally no different from a purchase made through a website. If the seller conducts the activity commercially, all safeguards under Consumer Protection Law No. 6502 and the Distance Contracts Regulation apply to you as well. Below, we explain these safeguards together with decisions of the Council of State, regional courts of appeal, commercial courts, the Advertising Board and RTÜK, including the latest amendments that entered into force on 1 January 2026.

Short answer

If the seller makes sales for commercial purposes, from the day you receive the product you have 14 days to withdraw without giving any reason. Statements such as “no returns”, “no returns for cash-on-delivery purchases”, or “discounted products cannot be returned” are invalid. The seller must refund the money after the product is handed over for return shipment within 14 days in a single payment and without cost to you. If the product is defective or different from what was advertised, the provisions on defective goods also apply. In 2026, for disputes below TRY 186,000 an application must be made to the consumer arbitration committee.

Table of Contents

1. Why Is a Purchase Made Through Social Media Considered a “Distance Contract”?

A sale in which the seller and buyer are not physically present in the same place at the same time and the order is placed through means of distance communication such as telephone, messaging or the internet is called a distance contract. Law No. 6502 defines it in Art. 48/1 as follows:

Law No. 6502 Art. 48/1

“A distance contract is a contract concluded between a seller or provider and a consumer without their simultaneous physical presence, within a system organised for the distance marketing of goods or services, by using means of distance communication up to and including the moment the contract is concluded.”

An Instagram account that posts products and takes orders by DM, a TikTok live stream where the seller says “comment and I’ll reserve it,” or sales through a WhatsApp catalogue all fall within this definition. An account that regularly promotes products, accepts orders and arranges shipments also satisfies the requirement of a “system organised for distance marketing”.

Council of State 15th Chamber, E. 2015/7067, K. 2016/213, 25.01.2016 and E. 2015/6687, K. 2015/7275, 10.11.2015

Distance contracts are “contracts concluded in writing, visually, by telephone, electronically or through other means of communication without face-to-face contact with consumers, under which the goods or services are to be delivered or performed to the consumer immediately or at a later time.”

Who is protected? Consumer status is required

To benefit from this protection, the buyer must be a consumer, meaning a person acting for non-commercial or non-professional purposes. A company that purchases a product for use in its own business cannot benefit from the right of withdrawal even if the sales contract describes it as a “consumer”.

Istanbul Anatolian 2nd Commercial Court of First Instance, E. 2023/51, K. 2024/296, 25.04.2024

The court held that a limited company that purchased a car for use in its commercial enterprise was a merchant, did not have consumer status and therefore could not benefit from the right of withdrawal . The decision emphasised that describing the claimant as a consumer in the distance sales contract and making payment with an individual credit card did not eliminate the merchant’s duty to act as a prudent businessperson.

What if the seller is not a trader but an individual selling personal belongings?

The law requires the counterparty to be a seller acting for commercial or professional purposes (Regulation Art. 4/1-g). In a one-off purchase from an individual selling used personal belongings, consumer law does not apply; instead, the sale and defect provisions of Turkish Code of Obligations No. 6098apply, and there is no 14-day right of withdrawal. By contrast, an account that appears to be a “personal account” but continuously sells products, holds stock and organises shipping may be regarded as a seller due to the nature of the activity. What matters is not the name of the account, but how the activity is conducted.

2. The Seller’s Pre-Contractual Information Obligation: What Must You Be Told Before Ordering?

In a distance contract, the seller must inform you clearly and comprehensibly before you approve the order. Article 48/2 of Law No. 6502 regulates both this obligation and the burden of proof:

Law No. 6502 Art. 48/2

“Before the consumer accepts a distance contract or any corresponding offer, the seller or provider shall inform the consumer clearly and comprehensibly about the matters specified in detail in the regulation and about the fact that approval of the order will create an obligation to pay. The burden of proving that the consumer was informed lies with the seller or provider.”

Mandatory information in the pre-contractual disclosure

Distance Contracts Regulation According to Art. 5/1, the information must include at least the following:

  • The essential characteristics of the product,
  • The seller’s name or trade name (and, if there is a platform, that of the intermediary service provider) together with its MERSİS or tax identification number,
  • Open address, telephone number and other rapid-contact and complaint channels,
  • The total price including taxes, all shipping and similar additional costs,
  • Delivery period and information relating to delivery,
  • The conditions, period and procedure for exercising the right of withdrawal and the designated carrier for returns,
  • The open address or e-mail address to which the withdrawal notice must be sent,
  • Information on any circumstances in which the right of withdrawal cannot be exercised,
  • Information that, in the event of a dispute, an application may be made to a consumer arbitration committee or, after mediation, to a consumer court.

If additional costs such as shipping are not disclosed in advance, the consumer is not obliged to pay them (Art. 5/3). In addition, Law No. 6563 on the Regulation of Electronic Commerce Art. 3 requires everyone engaged in electronic commerce to keep their identifying information up to date and easily accessible to buyers. An account whose bio contains only a WhatsApp number does not satisfy this obligation.

The contract is not deemed concluded without confirmation

The seller must enable you to confirm, in a manner appropriate to the communication method used, that you have received the pre-contractual information; otherwise, the contract is deemed not to have been concluded (Regulation Art. 7/1). Immediately before approval, it must also be expressly stated that the order gives rise to an obligation to pay; if this is not stated, the consumer is not bound by the order (Art. 8/1).

Council of State 15th Chamber, E. 2015/7067, K. 2016/213, 25.01.2016

The Council of State stated that, before a distance contract is concluded, the consumer must be informed in a manner covering all matters that must legally be disclosed, that the burden of proving such disclosure lies with the seller, and that the contract cannot be concluded unless the consumer confirms receipt of the pre-contractual information. The decision also emphasised that the information must be provided in writing or via a durable medium, in at least twelve-point font, in understandable language, clearly, simply and legibly. This font-size rule remains in Regulation Art. 6/1 today.

Council of State 15th Chamber, E. 2011/1703, K. 2011/5890, 21.12.2011

It was stated that “the contract cannot be concluded unless the consumer confirms in writing that he or she has received this information, and in contracts concluded electronically, the confirmation process must likewise be carried out electronically.”

Information must also be provided in live broadcasts and advertising content

The information obligation is not limited to written sales pages. Sales promotions made through audiovisual broadcasts are also subject to supervision.

RTÜK, Decision No. 26, 01.02.2023

It was determined that commercial communication broadcasts failed to state the shipping fee, the seller’s name or trade name and MERSİS number, and failed to provide, in a readable manner during the broadcast, information on the 14-day right of withdrawal and the open address, telephone number or e-mail address for withdrawal notices. The Board held that, because these broadcasts were not compliant with Law No. 6502, the Distance Contracts Regulation and the Regulation on Commercial Advertising and Unfair Commercial Practices, they were misleading to consumers and harmful to consumers’ interests .

Live-stream sales on social media are supervised primarily by the Ministry of Trade’s Advertising Board rather than RTÜK; however, the standard established by the decision is the same: in every medium in which sales are made, the seller must clearly state who it is, the total price and the right of withdrawal.

Pre-ticked additional charges

Any fee in addition to the main price requires the consumer’s separate express consent. If options such as “express shipping” or “gift wrapping” are pre-selected and payment is made as a result, those amounts must be refunded immediately (Regulation Art. 19).

Istanbul Anatolian 3rd Commercial Court of First Instance, E. 2021/706, K. 2022/498, 01.06.2022

The court listed among practices causing consumer detriment companies’ “incomplete fulfilment of the statutory information obligations concerning the contract and pre-contractual disclosure”.

3. The 14-Day Right of Withdrawal: Ending the Contract Without Giving a Reason

The consumer’s strongest tool in a distance contract is the right of withdrawal. Because you cannot see and touch the product in a store before buying it, the law gives you a period after delivery to reconsider and change your mind.

Law No. 6502 Art. 48/4

“The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. It is sufficient for the notice that the right of withdrawal has been exercised to be directed to the seller or provider within this period. The seller or provider bears the burden of proving that the consumer was informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, the consumer is not bound by the fourteen-day period for exercising it. In any event, this period expires one year after the end of the withdrawal period. The consumer is not liable for changes or deterioration arising from ordinary use of the goods during the withdrawal period.”

The Advertising Board has repeatedly restated the same rule in social-media and e-commerce complaints: the consumer “has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty” (Advertising Board Decisions Nos. 2022/1032, 2017/1943 and 2017/2388).

When does the period begin?

  • For sales of goods, the period starts on the day you or the person designated by you receives the product (Regulation Art. 9/2).
  • For products delivered separately under a single order, the date the last product is received applies; for goods delivered in parts, the date the last part is received applies (Art. 9/3).
  • The seller’s handing the product to the carrier does not count as delivery to you (Art. 9/4). The defence that “we shipped it, so the period started” is invalid.
  • You may also withdraw before the product arrives (Art. 9/2, final sentence).

Istanbul 14th Commercial Court of First Instance, E. 2022/850, K. 2023/750, 26.09.2023

The court stated that consumers have a right of withdrawal in distance contracts and that “This right may be exercised within 14 days from delivery of the product, or at any time until the product is delivered.” Istanbul 8th Commercial Court of First Instance, E. 2022/574, K. 2024/421, 13.05.2024

Referring to Article 9 of the Distance Contracts Regulation dated 27.11.2014 of the Ministry of Customs and Trade, the court stated that the consumer has the right to withdraw within 14 days without giving any reason and without paying any penalty.

No defect is required and no reason may be demanded

The right of withdrawal does not depend on the product being defective. The size did not fit, you disliked the colour, or you simply changed your mind; none of this matters, and the seller may not question why you are returning it.

Advertising Board, Decision No. 2015/1884

The Board emphasised that, due to the nature of distance contracts, when the consumer withdraws from the contract,

no reason needs to be given and there is no requirement that the goods be defective . How should you give notice?

Before the 14-day period expires, it is sufficient for the withdrawal notice to be directed

in writing or by means of a durable medium to the seller (and, if there is a platform, to the intermediary service provider) (Regulation Art. 11/1). You may use the sample withdrawal form annexed to the Regulation, or a message clearly stating your decision to withdraw is sufficient (Art. 11/2). E-mail and text messages are durable media (Art. 4/1-c). Attention: You bear the burden of proving that you exercised the right of withdrawal

Under Regulation Art. 11/4, the consumer must prove that the withdrawal notice was made. Therefore, do not rely only on a voice message or telephone call. If you notified the seller by DM, take a dated screenshot of the message; if the seller has an e-mail address, send the notice there as well. The date and content should be beyond dispute.

The consumer is not liable for ordinary use

Trying the product, opening its box, or putting it on to see how it fits are forms of ordinary use. If you use the product during the withdrawal period in accordance with its functioning, technical specifications and instructions for use, you cannot be held liable for resulting changes or deterioration (Law No. 6502 Art. 48/4, Regulation Art. 13/2).

Advertising Board, Decision No. 2017/2388

The Board recalled the provisions that “the seller or provider bears the burden of proving that the consumer was informed about the right of withdrawal” and that “the consumer is not liable for changes or deterioration arising from ordinary use of the goods during the withdrawal period.”

If no information was provided, the period may extend up to one year

If the seller did not properly inform you about the right of withdrawal, you are not bound by the 14-day period; the right expires one year after the end of the 14-day period (Regulation Art. 10/1). If the information is provided later within that one-year period, the 14-day period starts on that date (Art. 10/2). Since pre-contractual information is often not provided at all in social-media sales, this rule is very important in practice.

Blocking a customer for making many returns is also an unfair commercial practice

Advertising Board, Decision No. 2026/887

The Board stated that consumers have an unconditional right of withdrawal in distance contracts and that it is sufficient for the withdrawal notice to be directed within the applicable period, and held that reasons for cancelling membership

cannot be based on consumers making a large number of order cancellations within a short period ; it found that such a practice constituted an unfair commercial practice that significantly distorted consumers’ economic behaviour.4. Products for Which the Right of Withdrawal Cannot Be Exercised: What Are the Exceptions?

Sellers often say, “this product is not returnable.” However, the exceptions to the right of withdrawal are exhaustive and are only those listed in

the Regulation Art. 15/1. The seller cannot add a new category to the list on its own. The exceptions most commonly encountered in social-media shopping are: Exception (Art. 15/1)

What does it mean in practice?(b) Goods prepared according to the consumer’s request or personal needs
Personalised products such as a necklace engraved with a name or a dress made to measure. A product sold in a standard size is not “personalised”.(c) Goods liable to deteriorate rapidly or whose expiry date may pass
Fresh food, cakes, flowers and similar products.Fresh food, cakes, flowers and similar products.
(ç) Goods whose packaging, tape or seal has been opened and whose return is unsuitable for health or hygiene reasonsCosmetics, underwear, personal-care products and similar goods. The exception applies only to products where both the protective element has been opened and the goods are unsuitable for return for hygiene reasons .
(d) Goods which, after delivery, become mixed with other products and cannot be separatedFor example, mixed paint or bulk goods.
(e) Books, digital content and computer consumables supplied on a tangible medium where the protective element has been openedFor example, a book whose shrink-wrap has been opened, a game disc, or a printer cartridge.
(a) Goods whose price depends on fluctuations in financial markets and is not under the seller’s controlFor example, gold purchased for investment purposes.
(ğ), (h) Electronic services performed instantly and services whose performance has begun with your consentDigital codes, in-app content and services whose performance has begun.

Istanbul 8th Commercial Court of First Instance, E. 2022/574, K. 2024/421, 13.05.2024

The court referred to the exceptions to consumers’ right of withdrawal in Regulation Art. 15/1-a, including “goods whose price depends on fluctuations in the financial markets and is beyond the control of the seller or provider.”

Istanbul Regional Court of Appeal 46th Civil Chamber, E. 2021/934, K. 2021/672, 07.04.2021

The decision considered that the right of withdrawal may be unavailable in contracts where, after delivery, the packaging, tape, wrapping or similar protective elements of the goods have been opened.

This decision is often misread as meaning “once packaging is opened, there is no return.” Regulation Art. 15/1-ç and (e) establish no such general rule. Opening packaging removes the right of withdrawal only for goods unsuitable for return for health/hygiene reasons and for books, digital content and computer consumables supplied on a tangible medium. Opening the box of a coat, pair of shoes or headphones does not eliminate your right of withdrawal.

Mobile phones, tablets, smart watches and computers

The subparagraph (i), added to the Regulation by the 2022 amendment and excluding delivered mobile phones, smart watches, tablets and computers from the right of withdrawal, after its entry into force was postponed several times, was repealed by the amendment dated 24 May 2025 (Official Gazette No. 32909). Accordingly, unless another exception applies, these products are also subject to the 14-day right of withdrawal.

The Council of State’s 2026 annulment decision

Council of State 10th Chamber, E. 2022/5534, K. 2026/2753, 06.05.2026

The Council of State annulled subparagraph (ı) (movables subject to mandatory registration under the Highway Traffic Law and unmanned aerial vehicles subject to registration), subparagraph (j) (contracts concluded through auctions conducted as live auctions), and subparagraph (k) (goods installed/assembled by the seller or authorised service), which had been added to Regulation Art. 15/1 by the 2022 amendment. annulled them. Enforcement of subparagraphs (ı) and (k) had previously been stayed on 30.06.2025. Source: judicial-decision note in the Lexpera consolidated text.

As a result, there is no longer a special withdrawal exception in the Regulation for products sold through “live auction” procedures or products installed by the seller. The finality status of this decision and any subsequent regulatory amendment should be monitored separately.

5. How Long Do You Have to Return the Product and Who Pays Return Shipping?

After exercising the right of withdrawal, you are obliged to return the product. Unless the seller offers to collect it itself, from the date you send the withdrawal notice you must return the product within 14 days to the seller or a person authorised by the seller (Regulation Art. 13/1). Before 1 January 2026, this period was 10 days.

Regulation Art. 12/5 is clear regarding return-shipping costs:

  • If you return the product using the carrier identified by the seller in the pre-contractual information, you cannot be held responsible for the return cost.
  • If the seller has not identified any carrier for returns, no return cost may be charged to you.
  • If the designated carrier has no branch in your location, the seller must arrange collection of the product from you without requiring any additional cost.
  • If the product is defective, return-related costs may under no circumstances be charged to the consumer.

Advertising Board, Decision No. 2021/773

The Board found that requiring consumers who requested a product return to pay outbound and return shipping fees and other costswas contrary to the provision in the annex to the Regulation on Commercial Advertising and Unfair Commercial Practices concerning aggressive commercial practices, which prohibits “requiring the consumer to submit documents unrelated to the request, demanding payment of a fee, or systematically avoiding discussion of the matter, thereby attempting to deter the consumer from exercising legal rights,” and constituted a clear aggressive commercial practice .

6. Refunds: When and How Must the Seller Return the Money?

One of the most common problems in social-media sales is that the product is returned but the money is not refunded, or the consumer is fobbed off with suggestions such as “we will credit points to your account” or “choose another product.” A significant amendment entered into force on 1 January 2026.

Before and after 1 January 2026

PeriodWhen does the 14-day refund period begin?Legal basis
Until 31.12.2025From the date the withdrawal notice reaches the sellerRegulation Art. 12 as it stood before the 2022 amendment (Provisional Art. 1)
From 01.01.2026 – withdrawal after the product has been receivedFrom the date the product is handed to the designated return carrier; if sent by another carrier, from the date the product reaches the sellerRegulation Art. 12/1 (as amended by Official Gazette 23.08.2022-31932)
From 01.01.2026 – withdrawal before delivery of the product (where the platform collected the price)From the date the withdrawal notice reaches the intermediary service providerRegulation Art. 12/2 and Art. 12/A-7-a

The Council of State and Advertising Board decisions below were issued under the former regime, when the notification date was used. The principle established by those decisions — that all payments received, including delivery costs, must be refunded — remains valid today; only the starting point of the period has changed.

Advertising Board, Decision No. 2022/1032 and Council of State 15th Chamber, E. 2015/6687, K. 2015/7275, 10.11.2015

“The seller or provider is obliged, within fourteen days from the date on which the notice that the consumer has exercised the right of withdrawal reaches it, to refund all payments received, including, where applicable, the costs of delivery of the goods to the consumer.”

Council of State 15th Chamber, E. 2015/6687, K. 2015/7275, 10.11.2015

Applying the principle that, where the law in force at the time of an offence differs from a later law, the provision more favourable to the offender must be applied when an administrative sanction is imposed, the Council of State found that the extension of the refund period was favourable to the claimant seller . The decision is an important example of how legislative amendments are evaluated when an administrative fine is imposed on a seller.

In a single payment, without cost, and through the same payment method

The seller must make the refund in a manner compatible with the payment method you used when purchasing, without imposing any cost or obligation on you and in a single payment (Regulation Art. 12/4). If you paid by credit card, the card issuer must add the amount transferred to it back to your card limit in a single transaction. You are not obliged to accept an offer to refund the money as a “gift voucher”, “store credit” or in instalments.

The refund obligation in court decisions

Istanbul 12th Commercial Court of First Instance, E. 2017/1022, K. 2019/1065, 13.11.2019

The court stated that buyers’ return requests arise from the contract and from mandatory consumer-protection provisions and that once the conditions for return are met, the seller becomes obliged to refund the sums it received.

Istanbul 21st Commercial Court of First Instance, E. 2024/231, K. 2025/343, 22.05.2025

It was established that a marketplace operator itself made refunds to consumers exercising the right of withdrawal under Law No. 6502 Art. 48/4 and, where the product price had already been transferred to the member seller, recovered the refunded amount from that seller. The decision shows how refunds operate in practice in platform sales.

Istanbul Anatolian 3rd Commercial Court of First Instance, E. 2021/706, K. 2022/498, 01.06.2022

The court listed as unlawful practices in practice not allowing consumers to exercise the right of withdrawal and, where withdrawal was permitted, failing to make the refund at all or failing to make it in the form and within the period required by law .

Returned the Product but Still Haven’t Received Your Money?

For social-media purchases where the refund has not been made, a withdrawal request has been rejected, or the seller cannot be reached, let us determine together which authority to apply to and how, based on your file.

7. “No Returns”, “Exchanges Only”, “No Returns for Cash on Delivery”: Are These Rules Valid?

No. The right of withdrawal under consumer law is mandatory; statements placed by the seller in its bio, stories or a DM message labelled “our rules” cannot eliminate this right. Moreover, such statements may be subject to administrative sanctions under Law No. 6502 Art. 61 (commercial advertising) and Art. 62 (unfair commercial practices). The Advertising Board’s decisions on this point are very clear.

“No returns” and a 7-day return period

Advertising Board, Decision No. 2015/1884

The Board found that a company did not allow consumers to exercise the right of withdrawal by stating “no returns,” and that in an Instagram account or any other advertising medium a statement such as “no returns” is not legally permissible . The Board also found the company’s setting of a 7-day withdrawal period on its website contrary to law and held that these practices violated Articles 7, 9, 29 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices and Articles 61 and 62 of Law No. 6502.

“No returns, size exchange available within 24 hours”

Advertising Board, Decision No. 2017/1943

The social-media statement “No returns, size exchange available within 24 hours” was examined, and it was found that through this practice the 14-day unconditional right of withdrawal regulated in Law No. 6502 Art. 48/4 was not made available to consumers .

“No returns for cash-on-delivery and bank transfer/EFT orders”

Advertising Board, Decision No. 2022/1032

The statement “No product returns for cash-on-delivery and bank transfer/EFT orders” was examined. It was found that the social-media account of the person providing e-commerce services contained promotions and information contrary to law and that the practice failed to meet the requirements of professional diligence, significantly distorted the economic behaviour of the average consumer, and involved promotions that were misleading, deceptive and exploitative of consumers’ lack of information.

Return restrictions on discounted and promotional products

Advertising Board, Decision No. 2021/773

The Board found it clearly contrary to law, and exploitative of consumers’ lack of experience and knowledge, to state the withdrawal/return period as 7 days and, despite the exceptions being separately listed in the Regulation, to reject returns by imposing a condition that promotional products or products “not sold for profit” were not eligible for return .

Advertising Board, Decision No. 2023/119, 13.10.2023

Despite Regulation Art. 9/1, it was found that a consumer wishing to return discounted products purchased from a website was not allowed to return those products, and the promotional and commercial practices were assessed as unlawful and misleading to consumers.

If you encounter such statements

Keep dated screenshots of the seller’s post, story or message containing a “no returns” statement. These images may be used directly as evidence both before the consumer arbitration committee and in a complaint to the Advertising Board.

8. Fake Discounts, Posts Without Advertising Disclosure, and Unauthorised Use of Images

Problems in social-media sales are not limited to returns. False discounts, pressure tactics such as “only 3 left”, influencer posts that conceal their advertising nature, and unauthorised use of celebrities’ photographs may also be unlawful.

Advertising Board, Decision No. 2023/6108

In a case where discount and stock information was false, the Board found that the shopping invitation discount did not reflect reality and consumers were deceived and harmed, that the advertisements were misleading and contrary to principles of fair competition, and found violations of Articles 7, 9, 14 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices and Law No. 6502 Art. 61.

Advertising Board, Decision No. 2022/1761

Directing consumers to products and brands through social-media posts without any advertising disclosure was assessed as covert advertising, and violations of Articles 6, 22, 23 and 32 of the Regulation and Law No. 6502 Art. 61 were found.

Istanbul 1st Civil Court for Intellectual and Industrial Property Rights, E. 2024/30, K. 2025/170, 26.06.2025

In an action concerning unauthorised use of a person’s images in social-media promotions, the court emphasised that, even if they do not qualify as works, the person’s image, videos and name cannot be used for commercial purposes without permission . The court stated that the public’s tendency to use products used by celebrities stems from the sense of trust created by celebrities, regarded the defendant’s benefiting from the claimant’s fame without effort as a typical act of unfair competition and held that the claimant could seek pecuniary and non-pecuniary damages.

This decision primarily concerns the rights of celebrities and brand owners rather than consumers; however, it is also an important signal for consumers: a social-media seller that creates the impression “they use it too” by using a well-known person’s photograph risks both unfair-competition and misleading-advertising liability.

9. If the Product Is Defective or Different from the Photograph: Defective Goods and the Consumer’s Alternative Rights

The right of withdrawal does not depend on the product being defective; the provisions on defective goods apply where the product is defective. If a product purchased through social media is different from what was advertised, incomplete, defective or damaged, it is a defective good under Law No. 6502 Art. 8:

Law No. 6502 Art. 8/1

“A defective good is a good that, at the time of delivery to the consumer, is contrary to the contract because it does not conform to the sample or model agreed by the parties or does not objectively possess the characteristics it should have.”

The photographs and videos in the post function here as the “agreed sample or model”. A bag shown as leather in the photograph but delivered in synthetic material, delivery of a different colour from the video, or dimensions that differ from the listing are defects.

Four alternative rights

Under Law No. 6502 Art. 11, the consumer chooses one of the following rights:

  • Rescission of the contract: Declaring that you are ready to return the product and recovering the entire price paid,
  • Reduction of the price: Keeping the product and requesting a reduction proportionate to the defect,
  • Free repair: If it does not require disproportionate expense, requesting repair with all costs borne by the seller,
  • Replacement with a defect-free equivalent: Where possible, requesting replacement of the product with a defect-free equivalent.

The choice belongs to the consumer; the seller cannot steer you toward another remedy by saying “we only offer exchanges.” All costs arising from exercise of the alternative rights are borne by the seller. Unless a longer period is provided, liability for defective goods is subject to a two-year limitation period from delivery (Law No. 6502 Art. 12); if the defect was concealed through gross fault or fraud, this period does not apply.

Istanbul 8th Commercial Court of First Instance, E. 2022/597, K. 2023/364, 04.05.2023

The court stated that, where goods sold are defective, under TBK Art. 227 the buyer has the rights to rescind the contract by declaring readiness to return the goods, request a reduction in the price proportionate to the defect, request free repair where this does not require disproportionate expense with all costs borne by the seller, or, where possible, request replacement with a defect-free equivalent; it emphasised the principle that a buyer rescinding the contract must return the goods to the seller together with the benefits derived from them .

This decision is based on the TBK; the consumer rights under Law No. 6502 Art. 11 are likewise built around the same four options. In transactions that are not consumer transactions, such as a purchase from an individual selling second-hand personal property, TBK Art. 227 applies directly.

Istanbul 12th Commercial Court of First Instance, E. 2025/876, K. 2026/621, 10.08.2026

The court established that consumers may return goods ordered online by exercising their statutory right of withdrawal or for reasons such as the product being defective and that returned products must be taken back by the seller.

Istanbul Regional Court of Appeal 46th Civil Chamber, E. 2021/934, K. 2021/672, 07.04.2021

In the case, the platform argued that replacement or repair of the product depended on the decision of the authorised service designated by the supplier and that post-sale problems could only be resolved within the framework of customer satisfaction.

This type of defence is common in practice: the seller or intermediary leaves the decision to the “service centre”. However, under Law No. 6502 Art. 11, it is the consumer who chooses the alternative remedy; a service report merely establishes whether a defect exists and does not determine which remedy may be exercised.

Right of withdrawal or defective-goods remedies?

Right of withdrawalDefective-goods remedies
ConditionNo reason is requiredThe product must be defective
Period14 days from delivery (extends up to 1 year if no information was provided)Two-year limitation period from delivery
OptionWithdraw from the contractRescission, reduction, repair or replacement
Return costCannot be charged to the consumer when sent with the designated carrier or where no carrier was designatedAlways borne by the seller
Legal basisLaw No. 6502 Art. 48/4, Regulation Arts. 9-15Law No. 6502 Arts. 8-12

If the 14-day period has not expired and the product is defective, you may choose which route to use. Exercising the right of withdrawal often produces a faster result for defective goods; if 14 days have passed, the defective-goods provisions apply.

10. The Order Never Arrived, Arrived Late, or an Entirely Different Product Arrived

The seller must deliver within the period promised from the date it receives the order. Except for goods prepared according to the consumer’s request or personal needs, for sales of goods this period may under no circumstances exceed 30 days (Regulation Art. 16/1).

  • If delivery is not made in time, you may terminate the contract (Art. 16/2).
  • Upon termination, the seller must refund all payments, including delivery costs, from the date the termination notice reaches it, within 14 days together with statutory interest (Art. 16/3).
  • If performance becomes impossible, the seller must notify you in writing or through a durable medium within 3 days from learning of the impossibility and refund all payments no later than 14 days after the notice. Lack of stock does not constitute impossibility (Art. 16/4).
  • The seller bears the risk of loss and damage until the product is delivered to you (Art. 17/1). A product broken in transit is the seller’s risk.

Istanbul Anatolian 3rd Commercial Court of First Instance, E. 2021/706, K. 2022/498, 01.06.2022

The court listed failing to send the product at all or within the period prescribed by law among unlawful practices.

Istanbul 14th Commercial Court of First Instance, E. 2022/850, K. 2023/750, 26.09.2023

In a case where delivery did not occur, the court found that “the claimant acquired both the right of withdrawal under the Consumer Protection Law and the right to rescind the contract arising from the debtor’s default under Article 125 of the TBK.” Thus, for an undelivered order, the consumer has both the right of withdrawal and the general right of rescission based on the debtor’s default.

An entirely different product is sent from the one ordered

Istanbul 15th Commercial Court of First Instance, E. 2022/341, K. 2022/778, 13.10.2022

It was established that, instead of products ordered through social media, unrelated and low-value products were sent, with examples such as a child’s jacket instead of a women’s trench coat and an undershirt instead of a women’s dress ; it was found that the company engaged in commercial activities misleading consumers and that these practices were disruptive of public order and contrary to the very purpose of the enterprise .

In this type of case, the issue often goes beyond an ordinary return dispute. If the product is never sent, a different product is sent and the account is then closed, or the same method is used against many people, in addition to consumer-law applications, filing a criminal complaint with the Chief Public Prosecutor’s Office should also be considered.

11. If the Sale Was Made Through a Marketplace or Payment Infrastructure: Liability of the Intermediary Service Provider

Some social-media sellers direct an order to a marketplace store, e-commerce infrastructure or payment link. In that situation, alongside the seller there is also an intermediary service provider .

General rule: the intermediary is not obliged to monitor content

Istanbul Regional Court of Appeal 46th Civil Chamber, E. 2025/722, K. 2025/741, 22.05.2025

The Chamber stated that, under Law No. 6563 Art. 2, a service provider means “natural or legal persons engaged in electronic-commerce activities”, while an intermediary service provider means “natural or legal persons that provide an electronic-commerce environment enabling others to conduct economic and commercial activities.” The decision held that the intermediary service provider was not obligedto monitor content supplied by users of the environment it provides or investigate unlawfulness, that it merely provides a platform enabling consumers and suppliers to reach one another, and that for this reason the liability of platforms and marketplaces is limited .

Istanbul 8th Commercial Court of First Instance, E. 2022/597, K. 2023/364, 04.05.2023

The court applied the rule that intermediaries are not obliged to monitor supplied content or investigate unlawfulness, noting that under Law No. 5651 Art. 5 and Law No. 6563 Art. 9 the assessment of the liability of a defendant acting as hosting/intermediary service provider belongs to the court.

Istanbul 12th Commercial Court of First Instance, E. 2017/1022, K. 2019/1065, 13.11.2019

The court found that the claimant operating the platform was not a party to the contract between the seller and buyers and had no liability for sales made under Law No. 5651 Art. 5, Law No. 6502 Art. 48 and Law No. 6563 Art. 9, and that, vis-à-vis buyers and for products sent, all responsibility lay with the seller .

Exception: joint and several liability introduced by the 2022 amendment

Some of the decisions above concern the period before the 2022 amendment. By the amendment published in the Official Gazette dated 23.08.2022 and numbered 31932, the Distance Contracts Regulation imposed direct obligations toward consumers on intermediary service providers in contracts concluded through platforms:

  • The intermediary is, for providing, confirming and proving the pre-contractual information, jointly and severally liable with the seller (Art. 5/7, Art. 12/A-3). If the intermediary enters the data, it is directly responsible for deficiencies in mandatory information.
  • The intermediary must establish and continuously keep available a system through which withdrawal, termination, refund, record requests and delivery complaints may be submitted (Art. 12/A-1).
  • If the intermediary facilitates collection of the price and the amount has not yet been transferred to the seller, upon withdrawal it is jointly and severally liable with the seller for the refund (Art. 12/1, Art. 12/4, Art. 12/A-7).
  • If the missing information about the return carrier is attributable to the intermediary, the intermediary bears the return cost (Art. 12/5).
  • The intermediary is responsible for non-fulfilment of commitments in campaigns it organises without the seller’s approval and for consistency between advertising information on the platform and the pre-contractual disclosure (Art. 12/A-8, 9).

These two lines are not contradictory. Laws No. 6563 and No. 5651 do not impose a general duty on the intermediary to monitor content; consumer legislation, however, places the intermediary alongside the seller for specific matters such as pre-contractual information, withdrawal and refunds. By way of assessment, in a classic Instagram sale where orders are taken only by DM and payment is made directly to the seller’s IBAN, the social-media company itself will generally not be an “intermediary service provider” in this sense; joint and several liability is more likely to arise for marketplaces and platforms providing order and payment infrastructure.

12. Identifying the Seller and Preserving Evidence Correctly

In social-media disputes, the counterparty is often only a username. A consumer arbitration committee and a court, however, need a natural or legal person. A few steps taken immediately after the purchase can therefore save weeks later.

  • Save the trade name in the seller’s bio, MERSİS or tax number, address and telephone information (Regulation Art. 5/1-b and c, Law No. 6563 Art. 3).
  • Keep the name/surname or trade-name information associated with the IBAN to which you made payment together with the payment receipt; with an unidentified seller, this is often the first lead.
  • Take dated screenshots of the product post, price and any statements such as “no returns”; accounts and posts can easily be deleted.
  • Export all correspondence or preserve it by screen recording.
  • Keep the shipment tracking number, delivery date and return-shipment receipt; time limits are calculated by reference to these dates.
  • If the product is defective, record video while opening the package and take photographs showing the defect.

13. Remedies: Consumer Arbitration Committee, Mediation, Consumer Court and Advertising Board

The monetary value of the dispute determines where you must apply. According to the communiqué published in the Official Gazette dated 23 December 2025 and numbered 33116, in 2026 disputes valued below TRY 186,000 must be submitted to the provincial or district consumer arbitration committee.

Route of applicationLegal basis / jurisdictionProcedure and nature of decision
Consumer arbitration committeeLaw No. 6502 Art. 68; disputes below TRY 186,000 for 2026An application may be made through e-Government or to provincial/district committees; the application is free of charge. You may also apply to the committee at your own place of residence. Decisions have the force of a judgment; an objection may be filed before the consumer court within 15 days of service (Law No. 6502 Art. 70).
Mediation and consumer courtLaw No. 6502 Arts. 73 and 73/A; TRY 186,000 and aboveApplying to a mediator before filing suit is a procedural prerequisite. If no agreement is reached, an action is brought before the consumer court; the consumer may also sue at his or her own place of residence. Mediation is not required for actions objecting to a consumer arbitration committee decision.
Advertising Board (administrative complaint)Law No. 6502 Arts. 61-62; Regulation on Commercial Advertising and Unfair Commercial PracticesFor unfair commercial practices such as misleading or covert advertising, “no returns” statements, blocking returns for cash-on-delivery purchases, or imposing return-shipping charges, an administrative sanction may be imposed on the seller. It will not directly recover your money, but it may place significant pressure on the seller.
Chief Public Prosecutor’s OfficeTurkish Penal CodeCriminal complaint in cases where the product is never sent or there is suspicion of a fake account or systematic deception.

Risk of lack of jurisdiction

If an action is brought directly before the consumer court for a dispute below the monetary threshold, it will be dismissed on procedural grounds; applying to the arbitration committee for a dispute above the threshold will likewise not produce a result. When calculating the value, consider the product price, shipping fee and any other items claimed together. Exactly TRY 186,000 and above falls within the court’s jurisdiction.

Not Sure Which Authority You Should Apply To?

For consumer arbitration committee applications, mediation and consumer-court proceedings, let us prepare the petition and evidence structure according to your file.

14. Step by Step: How Do You Return a Product Purchased Through Social Media?

  1. Note the date. Check the day you received the product in the shipment record; the 14 days start on that date.
  2. Make your withdrawal notice in writing. Send a clear DM such as: “I am exercising my right of withdrawal in respect of the … product delivered to me on ….” Take a screenshot; if the seller has an e-mail address, send it there as well.
  3. Ask which carrier the seller designated. If one was designated, send it through that carrier; if none was designated, the return cost cannot be charged to you.
  4. Return the product within 14 days and keep the shipment receipt.
  5. Track the 14-day refund period. The period starts on the date the product is handed to the designated carrier.
  6. If the payment is not made, make one final written demandand then, depending on the amount, apply to the consumer arbitration committee or mediation.
  7. If there is a “no returns” statement also file a complaint with the Advertising Board.

15. For Sellers Operating on Social Media: Basic Rules That Reduce Sanction Risk

Most of the decisions discussed in this article are also, in effect, a checklist of warnings for sellers. A business selling through Instagram or TikTok should pay attention to the following:

  • The profile should contain the trade name, MERSİS/tax number, open address and contact information (Law No. 6563 Art. 3, Regulation Art. 5).
  • Before the order, the total price, shipping fee, delivery period and information on the right of withdrawal should be provided, and confirmation should be obtained through a durable medium (Arts. 5-7).
  • Statements such as “no returns”, “exchanges only”, “discounted products cannot be returned”, or “no returns for cash on delivery” should not be used.
  • A return carrier should be designated; if none is designated, return-shipping costs cannot be charged to the consumer.
  • The refund should be made in a single payment within 14 days after the product is handed to the carrier.
  • In collaboration posts, the advertising nature should be clearly disclosed; discount and stock information should reflect reality.
  • Information and documents relating to transactions should be kept for three years (Regulation Art. 20).

16. Why Is It Important to Conduct These Cases Correctly?

The amounts involved in disputes arising from social-media shopping may often appear small, but what determines the fate of the case is procedure, not the amount. An application to the wrong authority, a notice not made within time, or a counterparty whose identity cannot be established may leave a valid claim without a remedy.

From the consumer’s perspective

  • Correct authority: Disputes below and above the TRY 186,000 threshold follow different routes; choosing incorrectly means dismissal for lack of jurisdiction and loss of time.
  • Evidence: The consumer proves that the withdrawal notice was made, while the seller proves that the pre-contractual information was provided. Knowing which evidence operates in whose favour forms the backbone of the petition.
  • Identification of the counterparty: Identifying the seller through IBAN records, MERSİS information and platform records; in platform sales, including the intermediary service provider in the application as jointly and severally liable where applicable.
  • Interest and costs: Ensuring that items such as statutory interest for undelivered orders and all costs to be borne by the seller for defective products are not omitted from the claim.
  • Criminal-law dimension: In files involving non-delivery or systematic deception, pursuing the civil/consumer-law remedy together with a criminal complaint.

From the perspective of seller businesses

  • Updating the pre-contractual information text, distance sales contract and return policy in accordance with the provisions that entered into force on 1 January 2026,
  • Preparing defences in Advertising Board investigations and pursuing actions against administrative fines,
  • Not missing the 15-day objection period against consumer arbitration committee decisions.

Areas we serve

2M Law Firm is located in Tuzla and handles consumer disputes before consumer courts and consumer arbitration committees at the Istanbul Anatolian Courthouse and Kocaeli courthouses. On Istanbul’s Anatolian Side, where e-commerce and shipping volumes are high, Tuzla, Pendik, Kartal, Maltepe, Ataşehir, Ümraniye, Kadıköy, Üsküdar, Sancaktepe and Sultanbeyli; on the European Side, Esenyurt, Başakşehir, Bağcılar, Küçükçekmece and Beylikdüzü; and in Kocaeli, Gebze, Çayırova, Darıca, Dilovası, İzmit and Körfezwe work on files for consumers and sellers from these areas. Because a consumer may apply to the consumer arbitration committee and consumer court at his or her own place of residence, the city in which the social-media seller is located will, in most cases, not prevent you from seeking your rights where you live.

2M Law Firm

Postane Mahallesi, Seher Sokak No: 18/2, Tuzla / Istanbul

Telephone and WhatsApp: 0505 390 25 48 · E-mail: info@2mhukuk.com

About our firm: 2M Law Firm · Our other articles: All Articles

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17. Frequently Asked Questions

Can I return a product I bought on Instagram without giving a reason?

Yes, if the seller sells the product for commercial or professional purposes. A sale concluded through Instagram, TikTok, Facebook or WhatsApp is a distance contract; within 14 days from the day you receive the product, you may withdraw without giving any reason and without paying any penalty (Law No. 6502 Art. 48/4, Distance Contracts Regulation Art. 9).

The seller’s page says “no returns”. Do I still have a right to return?

Yes. Statements such as “no returns”, “exchanges only” and “returns within 7 days” conflict with mandatory provisions and do not eliminate your right of withdrawal. The Advertising Board treated these statements as unfair commercial practices in Decisions Nos. 2015/1884, 2017/1943 and 2021/773.

Can I return a product purchased by cash on delivery or EFT?

Yes. The payment method does not affect the right of withdrawal. In Decision No. 2022/1032, the Advertising Board characterised the statement “No product returns for cash-on-delivery and bank transfer/EFT orders” as misleading and an unfair commercial practice.

Can discounted or promotional products be returned?

Yes. Discounted products are not among the exceptions listed in Regulation Art. 15. In Decisions Nos. 2021/773 and 2023/119, the Advertising Board found refusal to accept returns of promotional products contrary to law.

Who pays the return-shipping fee?

If the product is returned using the carrier identified by the seller in the pre-contractual information, the return cost cannot be charged to the consumer; if the seller did not identify any carrier, no return cost can be demanded from the consumer either (Regulation Art. 12/5). If the product is defective, return costs are in all circumstances borne by the seller.

When must the seller refund the money?

Under Regulation Art. 12/1 applicable from 1 January 2026, the seller must, within 14 days from the date the product is handed to the designated return carrier, refund all payments including delivery costs in a single payment, without cost, and in a manner compatible with the payment method used. If you sent it using a different carrier, the period starts on the date the product reaches the seller.

The product I ordered never arrived. What can I do?

The seller must deliver within the promised period and, in any event, within 30 days from the order. If that period is exceeded, you may terminate the contract; within 14 days from the date the termination notice reaches it, the seller must refund the amount you paid together with statutory interest (Regulation Art. 16).

The product that arrived is different from the photograph or defective. What rights do I have?

The product is considered defective goods (Law No. 6502 Art. 8). You may choose one of the rights to rescind the contract, request a reduction in price, request free repair, or request replacement with a defect-free equivalent (Law No. 6502 Art. 11). The seller bears all costs required by the remedy you choose.

Can I return a product after opening its packaging?

As a rule, yes; opening the packaging to inspect the product does not eliminate the right of withdrawal. The products that cannot be returned once packaging is opened are only those listed in Regulation Art. 15/1, such as goods unsuitable for return for health and hygiene reasons and books, digital content and computer consumables supplied on a tangible medium.

I cannot reach the seller and the account has been closed. What should I do?

First preserve the correspondence, listing, payment receipt and shipping records. The IBAN or payment-institution record used for payment may help identify the seller. If the account is closed without the product ever being sent, in addition to legal remedies, filing a criminal complaint with the Chief Public Prosecutor’s Office may also be relevant.

Up to what amount can I apply to the consumer arbitration committee in 2026?

According to the communiqué published in the Official Gazette dated 23 December 2025 and numbered 33116, in 2026 it is mandatory to apply to the provincial or district consumer arbitration committee for disputes below TRY 186,000. For disputes at or above this amount, mediation must be attempted first and, if no agreement is reached, the consumer court is the next route.

Can a mobile phone, tablet or smart watch be returned?

The subparagraph excluding these products from the right of withdrawal (Regulation Art. 15/1-i) was repealed by the amendment dated 24 May 2025 and never became applicable. Unless another exception applies, the 14-day right of withdrawal may also be exercised for these products.

18. Decisions and Legislation Referred to in the Article

Authority and citationSubject
Council of State 15th Chamber, E. 2015/7067, K. 2016/213, 25.01.2016Definition of distance contract, pre-contractual information, confirmation, burden of proof, 12-point font
Council of State 15th Chamber, E. 2015/6687, K. 2015/7275, 10.11.2015Definition of distance contract, refund, more favourable provision
Council of State 15th Chamber, E. 2011/1703, K. 2011/5890, 21.12.2011Electronic confirmation
Council of State 10th Chamber, E. 2022/5534, K. 2026/2753, 06.05.2026Annulment of Regulation Art. 15/1 subparagraphs ı, j and k
Istanbul RCA 46th Civil Chamber, E. 2025/722, K. 2025/741, 22.05.2025Limited liability of the intermediary service provider
Istanbul RCA 46th Civil Chamber, E. 2021/934, K. 2021/672, 07.04.2021Protective packaging; platform’s authorised-service defence
Istanbul Anatolian 2nd Commercial Court of First Instance, E. 2023/51, K. 2024/296, 25.04.2024Commercial buyer not regarded as a consumer
Istanbul Anatolian 3rd Commercial Court of First Instance, E. 2021/706, K. 2022/498, 01.06.2022Information, withdrawal, refund and delivery violations
Istanbul 8th Commercial Court of First Instance, E. 2022/574, K. 2024/421, 13.05.2024Right of withdrawal and Art. 15/1-a exception
Istanbul 8th Commercial Court of First Instance, E. 2022/597, K. 2023/364, 04.05.2023Alternative remedies for defects; intermediary liability
Istanbul 12th Commercial Court of First Instance, E. 2017/1022, K. 2019/1065, 13.11.2019Refund obligation; seller liability
Istanbul 12th Commercial Court of First Instance, E. 2025/876, K. 2026/621, 10.08.2026Return due to withdrawal and defect
Istanbul 14th Commercial Court of First Instance, E. 2022/850, K. 2023/750, 26.09.2023Withdrawal before delivery; rescission under TBK Art. 125
Istanbul 15th Commercial Court of First Instance, E. 2022/341, K. 2022/778, 13.10.2022Sending a product different from the one ordered
Istanbul 21st Commercial Court of First Instance, E. 2024/231, K. 2025/343, 22.05.2025Refund process in marketplace sales
Istanbul 1st Civil Court for Intellectual and Industrial Property Rights, E. 2024/30, K. 2025/170, 26.06.2025Unauthorised image use on social media; unfair competition
RTÜK, Decision No. 26, 01.02.2023Incomplete information in broadcasts
Advertising Board 2015/1884 · 2017/1943 · 2017/2388 · 2021/773 · 2022/1032 · 2022/1761 · 2023/119 · 2023/6108 · 2026/887Return restrictions, shipping fees, fake discounts, covert advertising, membership cancellation
Law No. 6502 Arts. 8, 11, 12, 48, 61, 62, 68, 70, 73, 73/ADefective goods, distance contracts, advertising, arbitration committee, litigation
Distance Contracts Regulation (Official Gazette 27.11.2014-29188; latest amendments Official Gazette 23.08.2022-31932, 10.08.2024-32628, 24.05.2025-32909)Pre-contractual information, withdrawal, refund, exceptions, intermediary liability
Law No. 6563 Arts. 2, 3, 9 · Turkish Code of Obligations No. 6098 Arts. 125, 227Electronic commerce, default, defects
Monetary threshold communiqué, Official Gazette 23.12.2025-331162026 consumer arbitration committee threshold: TRY 186,000

This article has been prepared for general informational purposes and does not constitute legal advice for specific matters. The decisions cited are based on the texts in the sources in which they were published; before being used in a petition or application, they should be verified through UYAP or official judicial-decision databases.