The rapid growth of e-commerce, especially post-pandemic, has highlighted the need for regulatory frameworks to protect both sellers and consumers in the digital marketplace. Legal systems worldwide are working to develop comprehensive laws to safeguard consumer rights in remote transactions.
Under Turkish law, consumer protection obligations for companies operating in the field of e-commerce are mainly governed by the Consumer Protection Law (the “Law”) and the Regulation on Distance Contracts, published in the Official Gazette No. 29188 on November 27, 2014 (the “Regulation”). However, consumer protection extends beyond access to goods and services, encompassing data privacy rights and regulations governing commercial electronic communications that promote purchases.
Key Responsibilities of E-Commerce Companies
Companies operating in e-commerce must comply with various obligations to protect consumer rights, including:
Pre-Sale Obligations: Providing clear and accurate information about products and services.
Consent & Compliance: Obtaining necessary consents for data processing and commercial communications.
Post-Sale Responsibilities: Fulfilling contractual obligations, ensuring proper delivery, and offering remedies for defective products.
Consumer Rights Enforcement: Respecting withdrawal rights and addressing disputes through consumer protection mechanisms.
Right of Withdrawal: Consumer vs. Seller Perspectives
While lawmakers impose obligations on e-commerce companies to protect consumers, certain regulations also create potential challenges for businesses.
Under the Law and Regulation, consumers generally have the right to withdraw from a contract within fourteen days, without providing any reason and without facing penalties (subject to exceptions). This regulation aims to protect consumers from expectation discrepancies when purchasing online without physically inspecting a product.
However, Article 13/2 of the Regulation presents a challenge for businesses by stating that consumers are not liable for changes or deterioration from ordinary use of goods. Defining "ordinary wear and tear" remains difficult, and the 14-day withdrawal period is often considered excessive by industry stakeholders.
This ambiguity has led to:
Some businesses unlawfully restricting consumers' right of withdrawal since the right of withdrawal has a very broad scope.
Accordingly, cases where consumers must engage in legal battles before consumer arbitration boards to reclaim funds, particularly for low-cost items, which may discourage legal action.
Legal Protection for Sellers Against Bad-Faith Withdrawals
Despite strong consumer protections, sellers may have legal recourse against consumers who abuse withdrawal rights.
Principle of Good Faith: Under Article 2 of the Turkish Civil Code No. 4721, all rights must be exercised in compliance with good faith. Abusing a legal right is not protected under Turkish law.
In parallel, EU Case Law - Messner Decision (C-489/07): The Court of Justice of the European Union ruled that a consumer must pay fair compensation if they return a product obtained via a distance-selling contract after using it in a way that violates good faith and unjust enrichment principles.
Amendments to the Right of Withdrawal Regulation
To address concerns regarding the abuse of withdrawal rights, amendments were introduced through the Regulation on the Amendment of the Regulation on Distance Contracts (the “Amendment Regulation”), published in the Official Gazette No. 31932 on August 23, 2022.
Key Changes Under the Amendment Regulation
Expansion of Exceptions: The right of withdrawal cannot be exercised for certain products, including:
Mobile phones
Smartwatches
Tablets
Computers
Return Costs & Carrier Designation: If prior information has been provided regarding the carrier designated by the seller for returns in case of the right of withdrawal and the party responsible for return costs depending on whether this carrier is used or not:
(i) It may be agreed that if the goods are returned using the designated carrier, the consumer will cover the return costs, provided they do not exceed the original delivery costs.
(ii) It may be agreed that if the goods are not returned using the designated carrier, the consumer will cover the all return costs.
The Amendment Regulation will take effect on January 1, 2026. However, it does not yet provide detailed provisions regarding the standard cases of withdrawal rights in everyday practice.
Future Outlook: The Evolution of E-Commerce Consumer Protections
The right of withdrawal remains a fundamental consumer protection mechanism in e-commerce. However, ongoing regulatory adjustments will likely continue to address practical challenges in implementation. While recent amendments seek to balance consumer rights with seller protections, further refinements may be necessary to mitigate bad-faith use and legal uncertainties.
If you have questions about this article or require any assistance, please feel free to contact Durukan+Partners team.
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