19.03.2025 17:12
The Kayseri Provincial Consumer Arbitration Board made a landmark decision that will set a precedent for millions of consumers in Turkey. A consumer wanted to withdraw from an installment sale and brought the matter to the arbitration board. The board found in favor of the consumer, ruling for the cancellation of the contract and the refund of the previously paid down payment.
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The Kayseri Provincial Consumer Arbitration Committee made an important decision regarding consumer rights. The decision, which is expected to put an end to the long-standing discussions about the cancellation of installment sales, was made following a woman's application to unilaterally withdraw from an installment sales contract she made with a beauty center. E.O., who lives in Kayseri, visited a beauty center to get information about skin care procedures and signed a service purchase contract worth 17,400 lira to undergo various treatments.
AN AGREEMENT WAS REACHED BETWEEN THE PARTIES FOR INSTALLMENT PAYMENT
According to the contract, the consumer, who paid 5,000 lira as a down payment to the beauty center, was to pay the remaining amount in installments. Later, the consumer, who decided to withdraw from the procedures at the beauty center, sought help from the Consumers Union to cancel the contract and get back the down payment she made. The Consumers Union reminded the woman that she had the right to withdraw from the installment sales contract without providing any justification and without paying a penalty within 7 days, and facilitated her application to the Provincial Arbitration Committee. After the woman's application, the Provincial Consumer Arbitration Committee quickly completed its review and decided to cancel the installment sales contract and refund the consumer's down payment.
"THERE IS A 14-DAY WITHDRAWAL RIGHT FOR DISTANCE SALES, AND A 7-DAY WITHDRAWAL RIGHT FOR INSTALLMENT SALES"
Mahmut Şahin, the President of the Consumers Union, stated that they have received serious complaints regarding beauty centers recently. He expressed that there is a perception of "irrevocability" after signing contracts with beauty centers, saying, "Consumers have a 14-day withdrawal right for distance sales and a 7-day withdrawal right for installment sales. Let's say we didn't withdraw within 7 days, and if the contract does not state that we have the right to withdraw within 7 days, then that 7 days is valid until we learn about it. The condition 'You can withdraw from installment sales within 7 days' is legally the responsibility of the seller and the provider." he said.
BE CAREFUL WITH DOWN PAYMENTS
Şahin noted that a certain amount is collected as a "down payment" in contracts at beauty centers. He explained that if the service contract made by consumers at beauty centers does not mention the right to withdraw, they can apply to the Provincial Arbitration Committees to cancel the contract. "Our consumer came to us, we requested the contract. When we saw that there was a partial payment, we checked whether the information about the right to withdraw from the contract was provided. The seller is obliged to inform the consumer about the right to withdraw within 7 days. We found that information was not provided." he stated.
"A SAMPLE DECISION HAS BEEN MADE"
Şahin emphasized that consumers should not think, "I signed, there is no right to return," and noted: "The contract was canceled at the Kayseri Provincial Arbitration Committee. A sample decision was made with the refund of the 5,000 lira paid and the cancellation of the 17,400 lira contract. We need to use this right, but consumers should not make a single payment or a single charge on a credit card. They should make a partial payment and tie the rest to installments. If they are not comfortable with it, they have the right to withdraw. Let's not be bound by a contract signed in a moment of emotional defeat. If other consumers have signed such a contract and regretted it, they can now apply to the arbitration committee and use their right to withdraw from installment sales.
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