E-commerce in Turkey is one of the important legal fields governed by Law No. 6563 on Regulating Electronic Commerce. It includes provisions on electronic commercial communications, service providers and intermediary service providers, their disclosure obligations, contracts reached through electronic communication tools, and sanctions. Businesses in Turkey need to comply with these regulations to avoid legal problems, protect consumers, and maintain a positive reputation. That is why here is everything you need to know about e-commerce in Turkey.
What Are the Obligations Imposed by the E-Commerce Law?
E-commerce regulations are imposed to protect consumers, ensure fair competition, and promote transparency in online transactions. E-commerce businesses must provide accurate and clear information about their identification, including their business name, registration information, and contact information, on their websites as part of these requirements. The terms and conditions must also be stated, and customers must be informed of the cancellation and return policies.
Things to Know Before Selling in E-Commerce
Before selling in e-commerce, several factors must be considered to ensure an easy and smooth e-commerce process. Also, it helps to build trust with the target audience and reduce the potential risks in this field. Some of the important factors related to this field are stated below.
Distance Sales Contract in E-Commerce Law
Understanding distance sales contracts before selling products or services in e-commerce is significant since these contracts govern the relationship between sellers and customers in online transactions. Within the scope of e-commerce in Turkey, a distance sales contract is an agreement between a customer and a seller in which the transaction is completed virtually. Although it frequently happens in online transactions, it can also occur when communicating remotely via phone or mail.
Privacy Agreement in E-Commerce Law
It is necessary for improving consumer trust while ensuring legal compliance. It outlines how customer data is collected, stored, and protected.
Preliminary Information Form
It is commonly utilized to furnish necessary details to consumers before their commitment to a contract or the completion of a purchase. It functions as a disclosure document that empowers consumers to make well-informed choices. The form should include information about price, payment terms, delivery options, or rights of the customers.
Protection of Personal Data (KVKK) for E-Commerce in Turkey
The Turkish Personal Data Protection Law (KVKK) governs how personal data is protected in e-commerce in Turkey. The purpose of this law is to control how personal data is processed and to protect the confidentiality and security of personal information. Businesses that perform e-commerce in Turkey must follow the KVKK to secure the personal information of the client.
Membership Agreement
It is a legally enforceable contract outlining the terms, provisions, and anticipations for individuals or entities who join the e-commerce platform or service. It establishes their entitlements, obligations, and the benefits they gain from their membership.
Intellectual Property Law in E-Commerce
Regarding electronic commerce in Turkey, IP laws are essential to protect different aspects of online businesses, including trademarks, copyrights, and patents. Understanding the IP law helps protect the brand, products, and creative works from unauthorized use.
Commercial Electronic Message Approval
Commercial electronic message approval rules are designed to combat spam, protect consumers, and ensure that businesses engage in ethical and compliant email marketing practices. They include emails, texts, and other electronic messages for business-related objectives like advertising, promotions, or sales. They may also include transactional messages about orders that have been fulfilled or client queries.
Return Conditions in Online Shopping
Understanding and stating the return conditions is important to have a hassle-free and transparent return process and enhance customer satisfaction and trust. The condition of the item, information about return shipping, or policy should be clarified.
E-Invoice Obligation
It is a digital method of creating, sending, receiving, and storing invoices. It eliminates the need for paper invoices and manual data entry. In Turkey, e-invoice has the same legal validity as paper invoices.
Rights of Consumers in Terms of E-Commerce in Turkey
When performing e-commerce transactions, Turkish consumers are given several rights and protections. To ensure a fair and secure online purchasing experience, laws and regulations are in force to protect these rights and defend the legal rights of consumers and businesses.
In the cases of infringements of these rights, you should consult a commercial lawyer in Turkey. Consulting a Turkish lawyer firm like Istanbul Lawyer Firm can help you save time and money while solving your issues. With our experienced, skilled, and English-speaking lawyers in Turkey, we provide you with professional legal consultancy and information about e-commerce in Turkey, including your rights in this field.
Right of Withdrawal
Within the scope of e-commerce in Turkey, this right gives customers the right to withdraw from online transactions within a particular time without providing a reason. According to this right, customers are granted a 14-day cooling-off period to cancel their purchase. Suppose customers perform their right to withdraw and return the products. In that case, the seller must repay the total purchase amount, which includes the standard delivery fees paid by the customer. Besides, the consumer is accountable for returning the goods in their original condition, including all supplements and packaging intact.
Defective Products
Following the Turkish Customer Protection Law, when a product is deemed defective, the customers are entitled to return the product. To address issues arising from such products, customers have various alternatives, including having the product repaired, replaced, or receiving a refund.
Rights During Cargo Delivery
According to e-commerce in Turkey regulations regarding rights during cargo delivery, the customers have the right to receive their ordered products within the timeframe specified at the time of purchase and to obtain accurate and clear information regarding the delivery process.
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