What Is the Right of Withdrawal?
The customer bought a perfume online, smelled it, and did not like it. Can they send it back? The answer is "it depends", and what it depends on is the packaging.
In Türkiye, sales made over the internet count as distance contracts and are subject to the Consumer Protection Law and the Regulation on Distance Contracts. Within 14 days of receiving the goods, the consumer may withdraw from the contract without giving a reason and without paying a penalty. This is called the right of withdrawal.
The seller cannot remove this right by contract. However, the Regulation excludes certain product groups from the right of withdrawal. The exception that concerns perfume and cosmetics sellers comes into play precisely here.
The Exception in Cosmetics: Opened Packaging
The Regulation lists the cases in which the right of withdrawal cannot be exercised. Two of them relate directly to this sector.
Hygiene products whose packaging has been opened. The right of withdrawal cannot be exercised for goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not appropriate for health and hygiene reasons. Cosmetics and personal care products are assessed within this scope.
Goods made to the consumer's specification. There is also no right of withdrawal for goods prepared in line with the consumer's wishes or personal needs. A bottle engraved with a name, or a scent blended to the customer's selection, are examples.
| Situation | Right of withdrawal |
|---|---|
| Perfume with cellophane and seal unopened | Yes; can be returned within 14 days |
| Perfume with cellophane opened, used | No (hygiene exception) |
| Product blended to order or personalised with a name | No (personalised goods exception) |
| Product that is broken, leaking or wrongly sent | The issue is not withdrawal but defective goods; the consumer has separate rights |
The last row is important. The hygiene exception covers only the "I changed my mind" return. If the product is faulty, was broken in transit or does not match the order, the fact that the packaging has been opened does not release the seller from liability.
The Condition for the Exception: Seal and Information
Benefiting from the exception is not automatic; the seller has to meet two conditions.
It must be evident that the product has been opened. Without cellophane, security tape, shrink wrap or a box seal, you cannot prove that the "packaging has been opened". The protective element is the basis of the exception. It is difficult to invoke the hygiene exception for a perfume sent without a seal.
The consumer must have been informed in advance. The conditions of the right of withdrawal, its period, how it is exercised and the cases in which it cannot be exercised are stated clearly before the order is confirmed. This information appears in the pre-contractual information form and the distance sales contract. If the information is incomplete, the withdrawal period is extended and relying on the exception becomes harder.
The Returns Operation: Step by Step
Knowing the rule is not enough; you need a process that works.
- Seal every product
Cellophane, security tape or shrink wrap. The integrity of the seal is the first thing you will look at when accepting a return.
- Update your information texts
The pre-contractual information form and the distance sales contract should set out the right of withdrawal, its period and the exceptions in clear, plain language. Put a short note on the product page as well.
- Make the return request easy
The customer can give notice of withdrawal in writing or by a durable medium (e-mail, account panel). Keep the request channel and return address visible.
- Inspect the returned product
Is the seal intact, has the product been used, are the box and accessories complete? Record the inspection with photographs.
- Refund within the time limit
The legislation sets a time limit for refunding the price once notice of withdrawal has been received; you make the payment to the payment instrument the consumer used. Verify the current period in the Regulation.
- Handle the shipping cost correctly
Under the amendment to the Regulation that entered into force on 1 January 2026, return shipping costs cannot be charged to the consumer when the right of withdrawal is exercised; the seller bears them. Review the return terms on your site against the current text.
If you sell on a marketplace, the platform's own return rules also apply; these may be broader than the rights granted by the Regulation, but not narrower.
Frequently Asked Questions
This article is for general information and is not legal advice. For binding time limits and obligations, rely on the current text of the legislation.
Can a perfume bought online be returned?
The customer did not like the scent; do I have to take back an opened perfume?
The product arrived broken; can I refuse the return because the packaging was opened?
When does the withdrawal period start?
Can a personalised perfume be returned?
Is there a right of withdrawal when I sell fragrance oil to a business?
How do returns work for sample sets?
Can I resell a returned perfume?
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