The controversial regulation that ended the right of withdrawal for technological products such as mobile phones, computers, tablets, and smartwatches purchased online has been officially annulled by a decision of the Council of State. The articles of the regulation, prepared by the Ministry of Trade and whose effective date was postponed every year, were completely eliminated before they came into force as a result of the lawsuit filed by the Consumers’ Union. With the decision, consumers continue to retain the right to return products within the legal period in online purchases.

The Principle of Unchangeable Laws Gained with the Regulation

The Ministry of Trade, with the amendment to the Distance Contracts Regulation published in 2022, aimed to eliminate the unconditional right of return in certain critical product groups in the technology and automotive categories. However, the matter was taken to court on the grounds that this fundamental right, guaranteed under Law No. 6502 on Consumer Protection cannot be disregarded by a regulation, which is a subordinate regulation.

The Council of State ruled in favor of the consumer, stating that rights recognized by law cannot be restricted through regulations. Thus, the article, whose implementation had been postponed for years and which created uncertainty for consumers, became completely unstable. However, it should be noted that this decision only covers intermittent contracts, i.e., online purchases; the right of arbitrary withdrawal does not apply to products purchased from physical stores after seeing and trying them on.

Product Groups Where the Right of Withdrawal is Protected

Following the Council of State’s annulment decision, the categories in which consumers can legally exercise their right of return are as follows:

• Mobile phones
• Tablet computers
• Laptop and desktop computers
• Smartwatches
• Motorcycles

Return Shipping Fee Cannot Be Passed On to the Consumer

Another important detail that drew criticism in the regulation was the imposition of return shipping costs on the consumer. As a result of the legal efforts of consumer associations, this decision also lost its validity. With the new decision, users who shop online can complete the return process without paying any shipping fee through agreed-upon shipping companies when exercising their right of withdrawal.

This decision, which is a precedent in legal terms, re-establishes consumer confidence in the e-commerce ecosystem. Technology enthusiasts and online shoppers continue to benefit from the protection shield offered by the law when they encounter defective or unsatisfactory situations with electronic devices they order online.