Distance Sales Agreements and Decisions of Personal Data Protection Authority regarding e-commerce

Information Notice

  1. The phrase 'Electronic Commerce Intermediary Service Provider' ("Provider") has been added to Article 5 of the Regulation ("Distant Sales Contract Regulation") regarding the requirement that the consumer is informed clearly, comprehensibly and by the distance communication tool used before establishing the distance contract. Currently, the Intermediary Service Provider shall present information notice to the consumers. The new regulation brings the Providers a further obligation to comply with the complaints and requests of the consumers with the sellers. The seller or the provider and the intermediary service provider are jointly and severally liable for the obligation of prior notification.
  2. The sellers or providers shall submit the information notice with a new method. According to Article 6 of Regulation, the information notice shall be in writing but a new form; it is possible by any data storage method (such as e-mail, CD, USB). Additionally, The intermediary service provider is jointly liable with the seller or the provider in case the contract is made over the platform.

Right of Withdrawal

  1. The consumer can exercise the right of withdrawal to the intermediary service provider. The intermediary service provider shall establish the necessary system for the consumer to access the withdrawal form regarding sales made through the platform. The intermediary service provider is jointly, severally liable with the seller and the provider, and the intermediary provider collects the price for the refund to be made to the consumer upon the exercise of the right of withdrawal. The obligation is valid for the right of withdrawal used before the delivery condition is fulfilled.
  2. If the consumer use right of withdrawal for service performance, the provider and the intermediary service provider in terms of sales made through the platform are obliged to return the price within fourteen days from the receipt of the withdrawal statement.
  3. If the consumer has made the payment with a credit card, The providers, seller or intermediary service providers shall refund the amount within 14 days following the receipt and transfer to the issuing institution, and the institution shall add the amount to the card's limit. Therefore, in the previous method, if the consumer makes the payment in instalments, the refund can be made the same way. Even if the consumer pays in instalments, the refund shall be in once.

Exemptions of Right of Withdrawal

  1. If the providers and sellers fulfil their duty, inform customers and agree on a contract with them, Mobile phones, smart watches, tablets and computers, vehicles and drones, which are required to be registered, are exempted from the right of withdrawal. The main reason is to block the resale of the products.
  2. Except those; The right of withdrawal is excluded from the contracts concluded through auction in the form of live auctions, and the contracts regarding the installation or assembly of the goods specified in the Introduction and User's Manual by the seller or authorized service to be installed or assembled.

Return Costs

  1. Article 5 regulates that; The parties will determine who will cover the transportation-shipment fees for the return of the products or services in the Information notice of the distance sales contract, in case of exercise right of withdrawal, rather than only being covered by the seller.
  2. Although the parties have agreed on who will cover the return costs, if the shipping company to be determined by the carrier is not accepted by the consumer and it is returned to a different company, the consumer must pay the return cost. If the goods are defective, they will be free of charge even if there is a provision in the contract.

    The time for the consumer to send the goods to the seller has been increased from ten days to fourteen days from the date of the notification of withdrawal.

Exercise of Contractı

  1. Article 16 states that; the goods or services subject to the distance sales contract must be fulfilled within 30 days, except for the agreements regarding the goods prepared in line with the wishes or personal needs of the consumers.
  2. The seller, the supplier or the intermediary service provider must notify the consumer in writing or with a permanent data storage within three days from the date of learning of this situation, including the delivery costs, if any, in cases where the performance of the goods or services subject to the order becomes impossible,

Continue Without Membership

  1. The Personal Data Protection Authority stated that in environments where personal data is entered on websites with a Continue without Shopping button, the data controller should put a verification mechanism in the publicly known Guest Checkout situations regarding their decision published in August.
  2. According to the decision, verification will be made during the guest checkout, and the accuracy of the information received will be confirmed without being a member.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.