GÜNEŞ & GÜNEŞ LAW FIRM
Legal advisory for stores, distribution companies and franchise networks.
Contracts, supply, brand use, consumer relations and dispute management.
Based in Antalya, serving all of Türkiye.
As Güneş & Güneş Law Firm, we provide legal advisory to retail stores, chain businesses, suppliers, distributors, dealers, franchisors and franchisees. We consider physical sales points and e-commerce activities together.
We provide legal support in processes ranging from opening a new store, making a franchise investment, setting up a distribution network and transferring a business, to day-to-day operations, the termination of contracts and dispute management. The scope of the engagement, the party to be represented and possible conflicts of interest are determined at the outset.
Based in Antalya, we work with businesses across Türkiye. For foreign brands entering Türkiye and businesses expanding abroad, we review Türkiye-related contracts; where services under foreign law are needed, we separately determine the scope of coordination with the relevant specialists.
In franchise agreements we arrange the use of the brand and business system, the territory, the term, the initial fee, periodic payments and the advertising contribution. We assess training, operational support, supply, supervision, renewal and termination conditions as a whole.
We review, based on the existing documents, the right to use the brand, the contracting party, authorized signatures, investment obligations and the commercial representations made. We assess the preliminary protocol, earnest money (kapora), personal security and undertakings before signing. Legal due diligence is not a guarantee of profitability or return on investment.
We arrange the sales territory, customer groups, exclusivity, targets, inventory obligations, bonuses and online sales conditions. We align the provisions on orders, delivery, payment, authorization and termination of the contract with the business’s sales model.
We review rent and rent increases, turnover rent, common area expenses, security, fit-out, handover, opening and operating conditions. We assess renovation, rent adjustment, assignment, eviction and exit from the contract according to the characteristics of the relevant lease relationship.
We arrange product definition, quality, the delivery schedule, order cancellation, incomplete or defective delivery, stock returns and warranty processes. We address storage, transport, consignment sales, ownership, damage and insurance liabilities consistently across the contracts.
We review the contractual framework of websites, online marketplaces and in-store sales. We assess pre-contractual information, orders, delivery, withdrawal, returns, platform deductions and seller obligations. We separately determine the legal nature of in-store pickup and online order models.
We carry out a legal assessment of defective goods, exchanges, refunds of the price, warranty and after-sales service claims. We review the business’s complaint records, response texts and practices, and provide support in Consumer Arbitration Committee (Tüketici Hakem Heyeti) and court proceedings.
We arrange the scope of brand use, the license relationship, business know-how and confidentiality obligations. We assess disputes over unauthorized brand use, imitation products, domain names, social media accounts and brand use after the contract ends.
We review resale prices, discount and campaign conditions, territorial and customer restrictions, internet sales and non-compete provisions. Using a franchise or dealership model does not mean that these conditions are automatically lawful.
We assess the legal aspects of discount announcements, price tags, comparative advertising, loyalty programs and social media campaigns. We address accurate consumer information together with the risks relating to commercial advertising and unfair commercial practices.
We review customer and employee data, loyalty programs, camera recordings, marketing messages and data sharing with service providers. We assess notices, required consents, access authorizations and retention processes according to the nature of the business activity.
We provide advisory on employment contracts, bonus and target practices, working arrangements, transfer of the workplace and employment disputes. In coordination with the relevant specialists, we review from a legal perspective licenses and permits, product safety and administrative inspection matters linked to store operations.
We assess the legal consequences of a transfer made through a share transfer, a commercial enterprise or specific assets. We review the lease, franchise, stock, employees, debts, security and required approvals, and prepare the transfer agreement and handover documents.
We assess termination and non-renewal notices, remedying breaches, return of stock and fixed assets, removal of signage, settlement of accounts and the release of security. In claims for receivables and compensation and, where the conditions are met, equalization claims (denkleştirme), we follow negotiation, mediation, litigation and enforcement proceedings.
Within regular legal advisory, we review contracts, the authority structure, collections, customer applications and store practices. We build the documents and the legal information arrangements used by headquarters, branches and sales teams according to the business’s needs.
The business model, the parties, brand authority, store location, lease and investment commitments are reviewed. Key legal risks are identified before a preliminary protocol and any payment.
Franchise, lease, supply, employee and sales documents are prepared together. Legal duties and responsibilities for the operation of stores and digital channels are determined.
New branches and regions, contract renewal, business transfer or closure conditions are assessed. A settlement plan covering stock, debts, security, employees and brand use is prepared.
A retail business’s legal needs do not begin only when a case is filed. We support headquarters and branches in working with the same arrangements for contracts, authorization, customer applications and document retention. Before a new store, sales channel, campaign or supply model is launched, we carry out a legal assessment.
Within the scope of the service, we coordinate with the sales, purchasing, human resources, finance and customer relations teams. We define responsibilities for tracking contract renewals, notices, receivables and administrative processes, and provide management with regular legal updates.
The business’s needs, the party to be represented, existing contracts and deadlines are identified. Conflicts of interest and matters that could prevent acceptance of the engagement are reviewed.
The attorney fee agreement and the scope of service are clarified, and the necessary attorney agreements are signed. The content of the power of attorney (vekâletname) and the document list suited to the matter are prepared.
When the necessary authorization, documents and the payment or other obligations linked to the agreement are completed, acceptance of the matter is notified separately. A first consultation or document transfer alone does not mean that the matter has been accepted.
The right to use the brand, the representative authority of the party, the total payment burden, store and territory conditions, supply obligations, support, supervision and exit provisions should be reviewed together. Differences between oral promises, the investment presentation and the agreement should be clarified before signing.
A contract cannot be assessed solely by its name. The use of the brand and business system, the independence of the parties, training and support, product supply and the sales model are reviewed together. Rights and obligations are determined by the content of the specific relationship.
Depending on the nature of the work and the conflict of interest review, advice may be provided to both groups under separate engagements. Representing parties with conflicting interests in the same dispute together is not an option. The party to be represented and the scope of service are clarified at the outset.
Refund conditions are assessed according to the payment document, the preliminary protocol, the agreement, the performance already rendered and the reason for termination. The name given to a payment is not decisive on its own; no definitive conclusion about a refund or a deduction can be given without reviewing the documents.
Pricing provisions and actual practices should be examined under competition law. Recommendations, campaigns, pressure, incentives and sanction mechanisms are assessed together. The existence of a franchise relationship does not by itself make price restrictions lawful.
The manner in which the sale was concluded, the nature of the product, defect claims and the conditions the business has undertaken are decisive. Rights for defective goods and the right of withdrawal in distance sales are assessed separately. A single refund rule should not be applied to all sales.
Repurchase of stock, fixed assets, removal of signage and termination of brand use, customer data, digital accounts and security are assessed under the agreement and the applicable rules. The closure of the business does not mean that all obligations end automatically.
An equalization claim is not an automatic right arising whenever a contract ends. The nature of the relationship, the contribution to the customer base, the post-termination benefit, the termination conditions and the applicable provisions are reviewed together.
The continuation of the lease and brand use, required approvals, stock, employees, existing debts and security should also be reviewed. A share transfer, a business transfer and an asset transfer may have different consequences. The transaction structure should be clarified before handover.
Yes. Regular advisory can be set up for contracts, campaigns, customer applications, employee relations, supply and collection processes. The number of branches, the sales model and the legal needs are considered when determining the fee and the working arrangements.
The business model in Türkiye, brand authority, payment and supply conditions, and the governing law and dispute resolution provisions are reviewed together. Where an opinion or representation under foreign law is needed, the scope of work with specialists in the relevant country is determined separately.
Yes. Video consultations via Zoom or WhatsApp can be arranged. Please state your country, city and the consultation language. The confirmation states the date, the local time in your city and Türkiye time together; the time difference on the day of the consultation is taken as the basis.
We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed. Once the scope of work, the agreements, the required authorization, documents and agreed obligations are complete, acceptance of the matter is notified separately. A first consultation or document sharing alone does not constitute acceptance.
This page is for general informational purposes. Rights, obligations and application routes are assessed separately according to the characteristics of the contract, the sales model, the product and the specific facts.
Content provided by: Güneş & Güneş Law Firm. The scope of service is determined by the legal assessment of the specific transaction and by the agreement to be concluded.
We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.