Turkish E-Commerce Laws
The convenience of comparing various products and prices without leaving our homes, along with having our purchases delivered right to our doorstep, has made online shopping an appealing sales and marketing method.
Looking ahead, it’s safe to say that online shopping will continue to develop, expand, and become even more widespread in the future.
Due to the technological advancements of today, it’s a reality that we are increasingly turning to the internet for various tasks. People of all ages and genders, from the young to the elderly, are using the internet for banking, shopping, education, and many other purposes.
Particularly in certain products and services, we see that stores and banks offer more attractive advantages to consumers who transact online.
For instance, banks offer higher interest rates through branchless banking applications, while stores encourage purchases by offering discount vouchers and installment options for online shoppers.
From the consumer’s perspective, it has become not only appealing but also a habit to shop online. With the smartphones in our hands, we can enter virtual stores that sell every kind of product we might want, select anything we like, and carry out banking transactions with just a tap, our voice, our face, or our fingerprint.
The ability to compare many products and prices simultaneously without leaving our homes, and having the items delivered to our doorsteps, has become a captivating sales and marketing method.
As we look to the future, we can confidently say that online shopping will continue to grow and spread even further.
However, with the increasing use of these methods comes some risks. The most significant of these are information security, the protection of personal data, and potential consumer grievances.
To mitigate these risks, it is essential to be an informed and conscious consumer.
While information security is a topic that warrants its own discussion, in this article, we will focus on consumers’ right to withdraw and return products purchased online.
What is a Consumer?
In its broadest definition, a consumer is a natural or legal person who acts for purposes that are not commercial or professional.
As consumers, when shopping online, it’s crucial to ensure we’re buying from secure sites.
For example, each summer, we hear about cases where certain hotels or luxury properties are marketed online at very attractive prices for vacation purposes, only for consumers to discover, upon arrival, that there is no reservation, leaving them stranded with their luggage and suffering both financially and emotionally.
This is why it’s vital to shop from secure websites right from the start. There is a very simple and fundamental rule here: if something is being sold online for a tenth of its real price, it’s probably not legitimate.
As consumers, it’s important to recognize when a product or service is being offered at a price far below its actual value, as this is contrary to the normal course of life.
If we fail to apply this filter, we may lose both our time and money, resulting in financial and emotional distress.
Right of Withdrawal for Online Purchases
In addition, as consumers, it’s important to know under what conditions we can return a product purchased online, or if we can return it at all.
After all, when we purchase a product online, often just based on an image, without seeing, trying, or touching it, do we have the right to return it or withdraw from the purchase?
To answer this, let’s define the concept of the “right of withdrawal.” The right of withdrawal (return) allows the consumer to withdraw from a contract without providing any justification and without paying any penalty.
Under the Consumer Protection Law No. 6052, consumers are not granted the right of withdrawal for products purchased in-store after seeing them. According to the law, stores are not obligated to accept returns of products without cause.
However, if there is a special agreement with the store regarding the return of the purchased item, or if the store has an official statement allowing returns, the product can be returned under the conditions provided by the store.
Some stores accept returns unconditionally within 15 days, some within 7 days, and others on the same day, based on their own company policies as a gesture of goodwill to their customers.
However, in online shopping, the consumer does not have the opportunity to see, examine, or touch the product. Online sales are “distance contracts,” meaning contracts where the seller and the consumer are not physically present simultaneously.
These contracts are established through a system designed for the remote marketing of or services, and they are executed using remote communication tools.
Since online purchases fall under the scope of distance contracts, they can be returned without cause and without penalty. The law mandates that the right of withdrawal is automatically granted to consumers for online purchases.
Consumers have the right to withdraw from the contract within fourteen days without providing any justification or paying any penalty.
To exercise the right of withdrawal, it is sufficient to notify the seller or service provider within 14 days. The seller or service provider is responsible for proving that the consumer has been informed of the right of withdrawal.
If the consumer has not been properly informed about the right of withdrawal, the fourteen-day period does not apply. Consumers are not responsible for any changes or damage that occurs to the product during the normal use of the item within the withdrawal period.
The key point here is that the consumer must inform the store within the legal period, using communication methods like fax or mail, that they intend to exercise the right of withdrawal.
The consumer must clearly state that they wish to return the product within 14 days of purchase, and once the right of withdrawal is exercised, the product must be returned to the seller within 10 days.
The return shipping cost is the responsibility of the seller. If a specific shipping company is mentioned in the pre-contractual information form, the product should be returned using that company.
Cases Where the Right of Withdrawal Cannot Be Exercised
- Contracts related to goods or services whose price depends on fluctuations in the financial markets and which are not under the control of the seller or provider. For example, jewelry, gold, and similar items.
- Contracts related to goods prepared according to the consumer’s wishes or personal needs. For example, a bracelet or pen engraved with your name.
- Contracts related to goods that may deteriorate quickly or whose expiration date may pass. For example, perishable food items.
- Contracts related to goods that, after delivery, are inseparably mixed with other products due to their nature.
- Contracts related to books, digital content, and computer consumables if the protective elements like packaging, tape, or seals are opened after delivery.
- Contracts related to the delivery of newspapers and magazines, excluding those provided under a subscription agreement.
- Contracts related to services that must be performed on a specific date or period, such as accommodation, goods transport, car rental, food and beverage supply, and leisure or entertainment activities.
- Contracts related to services performed instantly in electronic environments or intangible goods delivered instantly to the consumer.
- Contracts related to services that have begun with the consumer’s consent before the end of the withdrawal period. In such cases, the consumer cannot exercise the right of withdrawal within 14 days and cannot return the product without cause.
These exceptions must be clearly outlined by sellers in Distance Sales Contracts and Pre-Information Forms provided to customers.
This blog post aims to inform consumers about their rights when shopping online, particularly focusing on the right of withdrawal. As an informed consumer, understanding these rights can help protect you from potential risks and ensure a smooth online shopping experience.
For further legal assistance about e-commerce law in Turkey or inquiries, feel free to contact us at Bayraktar Attorneys.
