E-Commerce Law -- Seller and Consumer Rights, Distance Contracts

With the rapid growth of the digital economy, e-commerce has become one of the most common forms of commerce today. Shopping transactions conducted electronically are subject to different legal regulations than traditional commerce. The Consumer Protection Law No. 6502 (CPL), the Law on the Regulation of Electronic Commerce No. 6563 (E-Commerce Law), and the Distance Contracts Regulation form the basic legal framework of e-commerce law. In this article, we will comprehensively examine seller and consumer rights in e-commerce, distance contracts, the right of withdrawal, information obligations, and the return process.

What Is the Basic Legal Framework of E-Commerce Law?

The legal framework of e-commerce law in Turkey is regulated by multiple laws and regulations:

Consumer Protection Law No. 6502: This is the fundamental law regulating consumer transactions and practices directed at consumers. It covers subjects such as distance contracts, consumer rights, defective goods and services, and consumer arbitration boards. Since the vast majority of e-commerce transactions constitute consumer transactions, the CPL is directly applicable.

E-Commerce Law No. 6563: This is the special law regarding the regulation of electronic commerce. It regulates matters such as the obligations of e-commerce service providers, commercial electronic messages, and the liability of intermediary service providers. With significant amendments made in 2022, new regulations were introduced regarding e-commerce marketplaces, electronic commerce intermediary service providers, and licensing requirements.

Distance Contracts Regulation: Issued based on the authority granted by the CPL, this regulation regulates in detail the formation of distance contracts, informing the consumer, the right of withdrawal, the return process, and the seller's obligations.

Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce: This includes the registration obligations, information requirements, and supervision mechanisms of e-commerce platforms and sellers.

What Is a Distance Contract and How Is It Formed?

Pursuant to CPL Art. 48, a distance contract is a contract established through remote communication tools within a system created for the sale of goods or services, without requiring the simultaneous physical presence of the seller or provider and the consumer, up to and including the moment the contract is concluded.

For a distance contract to be validly formed, the following conditions must be met: pre-contractual information to the consumer (preliminary information form), the existence of a confirmation mechanism clearly indicating that the consumer will be under a payment obligation, the contract terms being communicated to the consumer through a durable data medium, and obtaining the consumer's explicit consent.

On e-commerce websites, a contract is generally formed as follows: the consumer selects the product and adds it to the cart, enters shipping and payment information, reads and approves the preliminary information form and the distance sales contract, and completes the payment transaction. The contract is considered to have been formed upon the completion of payment.

What Are the Seller's Information Obligations?

Pursuant to the Distance Contracts Regulation, the seller is obliged to inform the consumer in a clear and understandable manner before the contract is formed. The information that must be included in the preliminary information form includes:

The seller's name/trade name, open address, telephone and e-mail information; the basic characteristics and features of the product; the total price including taxes and any additional fees (shipping, delivery, etc.); payment method and delivery information; conditions, duration and procedure for exercising the right of withdrawal; situations where the right of withdrawal cannot be exercised; warranty conditions, if any; the duration of the contract and termination conditions; and contact information for consumer complaint applications.

The preliminary information form must be presented in a manner that allows the consumer to read and approve it before the contract. If this form is not presented or is presented incompletely, the consumer's right of withdrawal period may be extended, and the seller may face administrative fines.

Pursuant to the E-Commerce Law No. 6563, e-commerce service providers are also required to maintain the following information on their websites: trade name, MERSIS number, tax identification number, headquarters address, registered electronic mail (KEP) address, and, if registered with a relevant professional chamber, chamber information.

What Is the Right of Withdrawal and How Is It Exercised?

Pursuant to CPL Art. 48 and the Distance Contracts Regulation, the consumer has the right to withdraw from a distance contract within fourteen (14) days without giving any reason and without paying any penalty. The right of withdrawal is the most fundamental protection mechanism for consumers, and the seller cannot impose conditions that limit or eliminate this right.

Right of Withdrawal Period: In goods sales contracts, the right of withdrawal period begins on the day the consumer receives the goods. In service sales contracts, it begins from the date the contract is formed. The delivery/contract day is not counted in the calculation of the period; it is calculated from the following day.

Exercise of the Right of Withdrawal: The consumer informs the seller in writing or through a durable data medium (e-mail, fax, etc.) that they wish to exercise the right of withdrawal. The burden of proving that the withdrawal notification was made within the deadline rests with the consumer. Therefore, it is recommended that the notification be recorded.

Return Process After the Right of Withdrawal Is Exercised: The consumer is obliged to return the goods to the seller within ten days from the date they exercised the right of withdrawal. The seller, in turn, refunds all payments collected from the consumer within fourteen days from the date they received the withdrawal notification. The refund is made in a method appropriate to the consumer's payment method. For payments made by credit card, the refund is reflected by the bank to the credit card.

Return Shipping Cost: Pursuant to the Distance Contracts Regulation, specifying who bears the return shipping cost within the scope of the right of withdrawal is a matter that the seller must indicate in the preliminary information form. The seller may charge the return shipping cost to the consumer, but this must be clearly stated in the preliminary information form.

In What Cases Cannot the Right of Withdrawal Be Exercised?

The Distance Contracts Regulation lists, in a limited manner, the situations where the right of withdrawal cannot be exercised. These exceptions include:

Goods or services whose price varies depending on fluctuations in financial markets; goods prepared in line with the consumer's requests or clearly personal needs; goods that may spoil quickly or whose expiration date may pass; goods whose packaging, tape, seal, etc., protective elements have been opened after delivery, and whose return is not suitable for health and hygiene reasons; goods that are mixed with other products after delivery and cannot be separated by their nature; products such as books, digital content, and computer consumables whose packaging has been opened; services related to accommodation, goods transport, car rental, food-beverage delivery, and leisure activities that must be performed on a specific date or period; services immediately performed electronically and intangible goods immediately delivered to the consumer; and newspaper and magazine delivery provided under a subscription contract.

The seller must clearly inform the consumer in the preliminary information form about products for which the right of withdrawal cannot be exercised. Otherwise, the consumer may exercise the right of withdrawal.

Consumer Rights for Defective Goods and Services

Pursuant to CPL Art. 8-12, when goods delivered to the consumer are defective, the consumer has various optional rights. Defective goods arise when goods delivered to the consumer do not possess the characteristics agreed upon by the parties and that they should objectively possess.

The consumer's optional rights include: returning the purchased goods and receiving a refund (withdrawal from contract), exchanging the goods with a non-defective equivalent, receiving a proportional price reduction, and requesting free repair. Which of these rights to exercise depends on the consumer's choice; the seller cannot force the consumer to choose another option.

In e-commerce, defective goods claims typically arise in cases such as differences between the product description and the delivered product, the product being defective, the packaging being damaged, and the product not working. The consumer is obliged to notify the seller of the defect within a reasonable time after receiving the goods. In cases of hidden defects, this period begins from the discovery of the defect.

Seller Liability and the Role of Platforms in E-Commerce

In e-commerce, the seller is a party to the contract with the consumer and is responsible for all obligations arising from the contract. The seller's main obligations include: delivering the product in accordance with the contract and within the specified period (as a rule, within 30 days at the latest), delivering the product in conformity with the specifications stated in the preliminary information form, fulfilling warranty obligations, completing return transactions within the specified period when the right of withdrawal is exercised, and complying with personal data protection obligations.

E-commerce marketplaces are classified as intermediary service providers under Law No. 6563. With the 2022 amendments, the liability of intermediary service providers has been expanded. Although intermediary service providers are not directly responsible for products sold on their platforms, they have obligations regarding the removal of unlawful content and products, verification of seller information, and management of consumer complaints.

Special obligations have also been introduced for large-scale e-commerce platforms. Additional regulations exist for platforms exceeding certain revenue thresholds, including advertising spending limitations, data sharing obligations, and competition compliance requirements.

Commercial Electronic Messages and Permission-Based Marketing

Pursuant to the E-Commerce Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages, obtaining the recipient's prior consent is mandatory for sending commercial electronic messages (advertising e-mails, SMS campaigns, etc.). This consent is obtained and recorded through the Message Management System (IYS).

Rules to be observed when sending commercial electronic messages include: the recipient must have given prior consent, it must be clearly stated that the message is sent for commercial purposes, the sender's identity information must be included in the message, an easy opt-out (unsubscribe) option must be provided to the recipient, and the opt-out request must be fulfilled within three business days at the latest.

Administrative fines are applied for sending commercial electronic messages without permission. Fines are determined according to the number of messages sent and the severity of the violation and can reach significant amounts.

Personal Data Protection in E-Commerce

E-commerce businesses process consumers' personal data and are obliged to comply with the provisions of the Personal Data Protection Law No. 6698 (KVKK). Personal data processed in e-commerce includes name-surname, address, telephone, e-mail, credit card information, shopping history, and cookie data.

The main obligations of e-commerce businesses under the KVKK include: the obligation to inform (privacy/personal data processing policy), obtaining explicit consent (for data processing for advertising and marketing purposes), ensuring data security (SSL certificate, encryption, firewall, etc.), registration with the Data Controllers Registry (VERBIS), and notification obligation in case of personal data breaches.

In case of non-compliance with the KVKK, significant administrative fines may be imposed by the Personal Data Protection Board. It is recommended that e-commerce businesses complete the KVKK compliance process and conduct regular audits.

Consumer Complaint and Application Routes

In the event that consumer rights are violated in e-commerce, the legal remedies available to consumers include:

Consumer Arbitration Board: For consumer disputes below a certain monetary threshold (for 2026, TRY 104,000 at district consumer arbitration boards, TRY 156,000 at provincial consumer arbitration boards [TO BE VERIFIED]), application to the consumer arbitration board is mandatory. For disputes above this threshold, direct application to the consumer court can be made.

Consumer Court: For disputes above the monetary threshold or in case of objection to the consumer arbitration board decision, a lawsuit may be filed at the consumer court. Consumer cases are exempt from court fees.

E-Government Consumer Complaint: Consumers may file a complaint with the Ministry of Trade through the e-Government platform. The Ministry may apply administrative sanctions to the seller.

Mandatory Mediation: Since 2020, mandatory mediation before applying to the consumer court has been introduced for consumer disputes above a certain amount.

Disclaimer: This article has been prepared for general informational purposes and does not constitute legal advice. It is recommended that you consult a lawyer specialized in consumer law or commercial law for specific situations you may encounter regarding e-commerce law.