Online Shopping, Withdrawal, Returns and Subscriptions

Online Shopping, Distance Contracts and Digital Services

In transactions concluded through a website, mobile application, social media, telephone or other means of remote communication, the identity of the seller, provider and intermediary service provider, pre-contractual information, order confirmation, delivery, withdrawal, return and payment processes must be assessed together.

The main subjects of work are the following:

• A product bought online that is never delivered or is delivered late
• Delivery of a product that differs from what was ordered, or that is incomplete, damaged or defective
• Refusal to accept a notice of withdrawal
• A refund that is not made or is made only in part
• Disputes over return shipping costs and additional expenses
• Liability in contracts concluded through a marketplace or platform
• Digital content, online education, software, gaming and membership transactions
• Automatic renewal and collections made without the consumer’s approval
• Identifying the seller and the transaction records in social media sales
• Violations relating to pre-contractual information, the withdrawal system and the durable medium

In distance contracts, the consumer as a rule has a fourteen-day right of withdrawal, although there are statutory exceptions depending on the nature of the goods or service. The date of the transaction and the legislation in force on that date must also be checked separately.

Installment Sales and Off-Premises Contracts

In installment sales, where the price of goods or services is paid in parts, the form of the contract, the total cost, the payment plan, early repayment, withdrawal, default and acceleration conditions must be examined. Where the contract is concluded outside the usual place of sale, such as at the consumer’s home or workplace, or at an excursion or promotional event, the special protective provisions on off-premises contracts may come into play.

In this context:

• The mandatory content of the installment sale contract and providing a copy to the consumer
• Installments, interest, the total payment and the early repayment reduction
• The conditions for making more than one installment due immediately
• The notice of withdrawal and the refund of the payment
• Authorization documents in door-to-door sales and promotional events
• Giving the consumer the withdrawal form and a copy of the contract
• Restrictions on collecting the price of goods or services within the withdrawal period
• The legal nature of promissory notes that put the consumer into debt
• Whether the transaction is to be regarded as a distance contract, an off-premises contract or an ordinary sale

are assessed. For off-premises contracts, the monetary scope, which may be updated every year, and the legislation on the date of the transaction must also be checked separately.

Where a promissory note qualifying as a negotiable instrument is to be issued in connection with consumer transactions, the note must be issued to a named payee and separately for each installment payment. Where all the installments are combined in a single note, an order note is taken or the note is transferred to a third party, the invalidity, negative declaratory action, recovery action and enforcement objections that may be raised on the consumer’s behalf are assessed separately.

Refunds, the Right of Withdrawal and Undelivered Products

A claim for a refund may rest on different legal grounds, such as a defective product or service, rescission of the contract, the right of withdrawal, an order that was never delivered, invalidity of the contract or an unjustified collection of payment. The conditions, time limits and methods of proof differ for each ground.

In the review:

• The date the contract was concluded and the date of delivery
• The form of the withdrawal or rescission notice and the date it reached the other party
• Transport and delivery records of the returned product
• The means by which the payment was made and the method of refund
• The refund record of the seller or platform
• Credit card chargeback objections and correspondence with the bank
• The legal basis for claims for interest and additional losses

are assessed together.

Disputes over Subscriptions, Internet, Telephone, Energy and Digital Platforms

Continuing service relationships such as electricity, water, natural gas, mobile communications, internet, television, digital broadcasting, software, online education and the like may be the subject of a subscription contract.

The main disputes are:

• Subscription contracts with or without a commitment term
• Termination of the subscription and failure to implement a termination request on time
• Early termination charges and calculations for breach of the commitment term
• Extending or renewing a subscription without the consumer’s approval
• Incorrect, excessive or duplicate invoices
• Charging for a service that was not provided
• Internet speed, service interruptions and quality problems
• Damage to devices caused by a power outage or voltage fluctuation
• Reconnection, security deposit and guarantee deposit charges
• Digital platform memberships and automatic payment disputes
• A subscription established in the consumer’s name without their knowledge
• Enforcement proceedings based on subscription debts

Whether a termination method heavier than the method used to conclude the subscription contract may be required is examined together with sector legislation, the commitment letter and termination records. It is determined which of the routes before the BTK (Information and Communication Technologies Authority), the EPDK (Energy Market Regulatory Authority), the relevant administration, the consumer arbitration committee or the consumer court is appropriate for the specific case.