E-Commerce Law Comprehensive Guide: Distance Contracts, Right of Withdrawal and Seller’s Obligations
E-commerce has become one of the locomotives of today’s economy. However, this rapid growth has brought with it a series of legal regulations and responsibilities for both consumers and sellers. In Turkey, e-commerce activities are mainly regulated by the Law No. 6502 on the Protection of Consumers (TKHK) and the Regulation on Distance Contracts issued on the basis of this law. This legislation aims to protect the consumer, who is considered to be in a weaker position in the relationship between the seller and the buyer who do not physically come together. If you operate an e-commerce site, it is vital to follow these rules to the letter, not only to avoid legal penalties, but also to build customer trust and establish a sustainable business model. In this article, we will examine the basic legal obligations that an e-commerce seller must comply with under distance contracts step by step.
Stage 1: Pre-Contractual – Preliminary Information Obligation The consumer must be informed in a clear, plain and understandable language before adding products to the basket and proceeding to the payment stage, that is, just before establishing the distance sales contract. This information is usually provided in a separate document called “Preliminary Information Form” or in a section of the payment page. According to the Regulation, this form must contain at least the following information
- Seller’s Details: The name or title, MERSIS number, tax identification number, street address, telephone and other contact information of the seller or provider.
- Basic Characteristics of the Product: The basic characteristics of the goods or services subject to sale.
- Price Information: The selling price of the goods or service including all taxes.
- Delivery Costs: All additional costs such as cargo, transport, if any.
- Payment and Delivery Information: Information on payment, delivery and performance and commitments regarding these, if any.
- Right of Withdrawal: The existence of the right of withdrawal, which is one of the most important rights of the consumer, the conditions, duration and how to exercise this right, the contact information where the withdrawal notification will be made and the carrier information where the goods will be returned in case of withdrawal.
- Exceptions to the Right of Withdrawal: If there are situations listed in Article 15 of the Regulation (for example, personalised products, perishable goods, digital contents) and the right of withdrawal cannot be used, clear information on this issue.
- Dispute Resolution Procedures: Information that the consumer can apply for complaints and objections to the Consumer Arbitration Committees or Consumer Courts. The consumer should not proceed to the payment step without reading and approving this information. Violation of this obligation may lead to the invalidity of the contract and administrative fines.
Stage 2: Establishment and Confirmation of the Contract After the consumer approves the preliminary information and completes the order, the distance sales contract is established. At this stage, the seller is obliged to send the distance sales contract, which includes all the information contained in the preliminary information form, to the consumer via a “permanent data storage” (for example, sending it in PDF format via e-mail, SMS, CD) that the consumer can access later and store it without being able to change it. This confirmation must be made no later than the delivery of the goods or performance of the service.
Stage 3: The Consumer’s Most Powerful Weapon – 14-Day Right of Withdrawal The most fundamental consumer right in distance contracts is the right of withdrawal.
- Duration: The consumer has the right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification within 14 days from the date of receipt of the goods (from the date of establishment of the contract in service contracts).
- Effect of Information Obligation: If the seller has not duly informed about the right of withdrawal in the preliminary information form, the 14-day period does not run. In this case, the right of withdrawal expires one year after the expiry of the 14-day period. This is a huge risk for sellers.
- Exercise of the Right of Withdrawal: The consumer must notify the seller in writing or by permanent data storage that he/she has exercised the right of withdrawal within the 14-day period.
- Obligations of the Parties:
- Seller’s Obligation: The seller is obliged to return to the consumer all payments collected, including the delivery costs of the goods, within 14 days from the date of receipt of the withdrawal notice.
- Obligation of the Consumer: The consumer is obliged to send the goods back to the seller within 10 days from the date of the withdrawal notification. The consumer is not liable for changes and deterioration caused by the customary use of the goods (ordinary review).
Stage 4: Defective Goods Liability A good sold through e-commerce is considered to be “defective” if it does not have the qualities specified in the contract, does not have the characteristics specified in its packaging or does not meet its intended use. In this case, the consumer has four basic optional rights:
- Cancellation of the Contract: Termination of the contract by returning the price paid.
- Requesting a discount in the price: Requesting a discount from the sales price in proportion to the defect.
- Requesting Free Repair: If it does not require an excessive expense, requesting free repair of the goods at the seller’s expense.
- Requesting Replacement of the Goods with a Defect-Free Duplicate: If possible, requesting the replacement of the goods sold with a defect-free duplicate. The seller is obliged to fulfil this request preferred by the consumer.
While e-commerce offers sellers the opportunity to reach large markets, it also obliges them to comply with strict legal rules for consumer protection. From the obligation of prior information to the correct implementation of the right of withdrawal, from liability for defective goods to the protection of personal data, every step must comply with the law. Complying with these rules is a necessity not only to avoid administrative fines and lawsuits, but also to achieve long-term success by creating a transparent, reliable and customer-oriented brand image. It is critical for every business that starts or continues its e-commerce activities to understand this legal framework well and to make its website infrastructure, contracts and operational processes fully compliant with these rules.