The questions below offer a general framework on the right of withdrawal in distance contracts, marketplace liability, subscription renewal and fake online stores. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–5 of 5 questions
Does the right of withdrawal in distance contracts apply to every transaction?
No. As a rule, distance contracts carry a 14-day right of withdrawal; however, the law and the regulation provide exceptions depending on the type of transaction.
The starting point of the withdrawal period for sales of goods differs from the starting rule for service contracts. Exceptions such as the information provided before the contract, whether the contract is truly a distance sale, whether the product is made to the consumer’s specifications, and accommodation or services for a specific date must be examined one by one. It is important that the withdrawal notice can be proven to have been sent within the period. If proper information about the right of withdrawal was not provided, special provisions on the period come into play. The statutory rights that may be exercised because of defective goods are assessed separately even if the right of withdrawal without stating a reason has expired. For this reason, a seller’s statement that “no returns are accepted” does not eliminate rights in every case.
What happens if an e-commerce site does not include information about the right of withdrawal?
Incomplete pre-contractual information may affect consumer rights and the seller’s obligations.
Under the Regulation on Distance Contracts, pre-contract disclosures, the withdrawal form, exceptions and delivery conditions are examined. It should be made clear that the right of withdrawal and applications for defective performance are different.
Is a marketplace platform automatically liable for all of the seller’s faults?
No; the platform’s role as an intermediary and its statutory obligations are determined according to the nature of the dispute.
The special obligations of electronic commerce intermediary service providers, the seller’s identity, and payment and refund processes must be examined separately. Who holds the capacity of seller is determined from the contract and the transaction records.
Can an online store renew a subscription automatically?
The validity of the renewal depends on the contract, the pre-contractual information and the termination options available to the consumer.
The term of the contract, the record of express consent or acceptance, notice of price changes and the method of ending the subscription are examined. An unfair terms review should be carried out in consumer transactions.
What should be done first if a payment was made to a fake online store?
The payment institution or bank should be notified promptly and the transaction and refund possibilities investigated.
The order page, payment record, the seller’s identity, the promise of delivery and correspondence should be preserved; if fraud is suspected, filing a criminal complaint (suç duyurusu) should be considered. An objection to a card charge and private-law avenues for recovering a claim are different routes.