Liability Arising from Defective Goods and Services in Online Sales

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Liability arising from defective goods and services in online sales is one of the most contentious areas of e-commerce law. When consumers purchase products or services online, they cannot physically inspect the product, meet the seller face-to-face, and often make their purchasing decisions based on descriptions, images, advertisements, reviews, and product features on the website. Therefore, the failure of a product or service to meet the promised specifications in online sales can cause serious harm to the consumer.

If a phone purchased from an e-commerce site turns out to be faulty, a pair of shoes is sent that is different from the model advertised, an electronic product is delivered with missing accessories, furniture arrives in the wrong size, an online education service does not deliver the promised content, a software subscription does not work, or a digital service does not start within the time specified in the contract, all of these may give rise to liability for defective goods or defective services.

According to Law No. 6502 on Consumer Protection, a defective product is one that, at the time of delivery to the consumer, does not conform to the sample or model agreed upon by the parties, or does not possess the characteristics it should objectively have. Products lacking one or more of the characteristics stated on their packaging, label, instruction manual, internet portal, advertisements, and announcements are also considered defective.

Due to the nature of online sales, "features described on the internet portal or in advertisements and listings" are extremely important. This is because consumers often obtain information about a product from the product page, campaign images, social media advertisements, or marketplace descriptions. The seller is obligated to deliver the product in accordance with these descriptions.

What are defective goods in online sales?

In online sales, a defective product occurs when the item sent to the consumer does not conform to the contract, product description, advertisement, technical specifications, visuals, or the consumer's reasonable expectations. It is not necessary for the product to be completely unusable. Deficiencies that reduce the product's value, intended use, or the benefit the consumer expects can also constitute a defect.

For example, receiving a faux leather bag advertised as "genuine leather" on a website, receiving a 64GB phone advertised as 128GB, receiving a used or refurbished device advertised as "new," receiving a broken/cracked product, receiving a black product when ordered in white, missing accessories mentioned in the advertisement, or being unable to assemble the product due to an error in the assembly instructions are all examples of defective goods.

According to the Ministry of Trade, goods are considered defective if they do not possess the characteristics stated on their packaging, label, instruction manual, internet portal, or advertisements; if they contradict the quality declared by the seller or specified in the technical regulation; or if they contain material, legal, or economic deficiencies that reduce or eliminate the benefits that the consumer can reasonably expect.

Therefore, e-commerce sellers must carefully prepare product descriptions. The product's technical specifications, dimensions, color, model, warranty information, box contents, origin, intended use, and delivery condition must be accurate. Phrases such as "representative image," "similar product will be sent," and "color may change" cannot be used in a way that misleads the consumer.

What is Defective Service?

Defective service is also a common problem in online sales. Defective service is a breach of contract because the service does not commence within the time specified in the contract or because it does not possess the characteristics agreed upon by the parties and objectively required. Services that do not have the characteristics stated by the service provider, advertised on their website, or advertised, or that reduce the benefit that the consumer reasonably expects, may be considered defective services.

For example, a defective service might include an online education platform failing to offer the promised courses, a purchased consulting service never starting, a software subscription constantly malfunctioning, an incomplete digital content package being delivered, an online sports/health program not covering the scope stated in the advertisement, a web design service not meeting the specifications outlined in the contract, or maintenance/repair services not being performed properly.

In online services, defects often manifest not as "the delivered product was defective," but rather as "the promised service was incomplete or not performed properly." Therefore, service agreements should clearly state the scope, duration, delivery method, technical requirements, access time, support services, and performance metrics.

The right to withdraw from a contract for a defective product should not be confused with the right to withdraw from a contract

One of the most common misconceptions in online sales is the difference between the right of withdrawal and the rights arising from defective goods. The right of withdrawal allows the consumer to terminate a distance contract within a specified period without giving any reason. Defective goods or services, on the other hand, arise when the product or service does not conform to the contract.

This distinction is important. The right of withdrawal period may have expired; however, if the product is defective, the consumer's rights arising from the defective product may continue. For example, if the consumer discovers that the device is faulty 20 days after receiving it, their every request cannot be rejected on the grounds that "the 14-day withdrawal period has passed." In this case, the provisions regarding defective goods must be evaluated separately.

Similarly, some products may have exceptions to the right of withdrawal. However, the fact that the right of withdrawal is an exception does not absolve the seller of responsibility if the product is defective. For example, if a product for which the right of withdrawal cannot be exercised due to hygiene reasons is sent to the consumer damaged, incorrect, or incomplete, the consumer can invoke the provisions regarding defective goods.

Seller's Liability for Defective Goods

The seller is obligated to deliver the goods to the consumer in accordance with the sales contract. In online sales, this obligation means delivery in accordance with the specifications stated on the product page, the advertising content, the order confirmation, the invoice, and the distance selling contract. The seller must send the product correctly, completely, in good condition, and in accordance with the promised specifications.

The Ministry of Trade explicitly states that the seller is obligated to deliver the goods in accordance with the sales contract. Furthermore, provisions regarding breach of contract apply to goods not delivered within the agreed-upon timeframe, goods not properly assembled under the seller's responsibility, or goods incorrectly assembled due to errors in the assembly instructions.

E-commerce sellers' defenses such as "the product was damaged in transit," "the supplier sent the wrong product," "the marketplace entered the description incorrectly," or "the shipping company is responsible" are not always sufficient against the consumer. The consumer has entered into a contract with the seller. The seller may seek recourse against the supplier, shipping company, or manufacturer in their internal dealings; however, their obligation to deliver according to the contract remains.

Provider's Liability for Defective Service

The service provider is obligated to perform the service in accordance with the contract. For online services, the provider must clearly state the scope, duration, technical conditions, access method, support services, and the results promised to the consumer. Liability for defective service arises if the service does not begin within the promised time, is provided incompletely, or does not possess the features stated in the advertisement.

The most common mistake providers make in cases of defective services is leaving the scope of the contract vague. Phrases like "premium support," "unlimited access," "comprehensive training," "guaranteed results," and "professional consultation" can lead to disputes if they are not substantiated. Consumers can claim rights based on what is promised in the advertisements and promotions.

Consumer's Optional Rights Regarding Defective Goods

In the case of defective goods, the consumer is granted four basic rights. The consumer may withdraw from the contract by declaring their willingness to return the goods, keep the goods and request a price reduction proportional to the defect, request free repair at the seller's expense (provided it does not require excessive costs), or, if possible, request replacement of the defective goods with faultless goods of the same kind. The seller is obligated to fulfill the consumer's chosen request.

As a rule, it is up to the consumer to decide which of these rights to exercise. The seller cannot unilaterally change the consumer's request for a refund by simply saying "let's send it for service." However, if free repair or replacement with a faultless equivalent creates disproportionate difficulties for the seller, then the rights to withdraw from the contract or receive a price reduction may arise in the specific case.

In online sales, consumers typically request a refund or an exchange for a faultless, equivalent item. This is especially true if the product is unusable, the wrong product was sent, it doesn't meet the basic specifications described, or it malfunctions quickly. The consumer's right to withdraw from the contract or request an exchange becomes particularly strong if the product is unusable, the wrong item was sent, it doesn't meet the basic specifications described, or it malfunctions shortly after purchase.

Consumer Rights in Case of Defective Service

In the case of defective service, the consumer may request that the service be performed again, that the resulting work be repaired free of charge, that a price reduction be applied in proportion to the defect, or that the contract be terminated. Which of these rights is appropriate will be determined in the specific case, depending on the nature of the service.

For example, if an online education platform fails to deliver some of the promised courses, the consumer can request that the missing service be completed or that the price be reduced. If the software service is completely non-functional, termination of the contract and a refund may be considered. If the web design service is not delivered according to the contract, free corrections or a discount proportional to the defect can be requested.

In cases of defective services, promises made in advertisements and on websites are particularly important. If the provider has promised specific qualities of the service on its website or in social media advertisements, the consumer can claim compensation based on these promises.

Burden of Proof for Defects Discovered Within Six Months

In disputes concerning defective goods, the burden of proof is critically important. According to the Ministry of Trade, defects that appear within six months of the delivery date to the consumer are presumed to have existed at the time of delivery. In this case, the burden of proof that the goods were not defective rests with the seller.

This regulation provides an important presumption in favor of the consumer. If a defect occurs shortly after the consumer receives the product, the seller cannot simply reject the claim by stating "user error." If user error is alleged, it must be proven with a technical report, service inspection, or concrete evidence.

The "user error" defense is frequently used, especially for electronic devices, white goods, phones, computers, small household appliances, furniture, and technical products. However, the burden of proof rests heavily on the seller for defects that appear within the first six months. The consumer should also keep records of the product's delivery date, the date of the malfunction, service records, photos, videos, correspondence, and the invoice.

Time Limits for Defective Goods

The general liability period for defective goods is two years from the date of delivery to the consumer, unless a longer period is specified by law or between the parties. According to the Ministry of Trade's information regarding consumer disputes, consumers who purchase goods found to be defective have the right to request a refund, exchange for a faultless equivalent, a price reduction proportional to the defect, or free repair within two years of the delivery date.

However, if the defect is related to gross fraud or concealment, the statute of limitations and liability may be assessed differently. For second-hand goods, products with warranties, residential or holiday properties, digital content, or service contracts, the time limits must be examined separately according to the specific legal relationship.

E-commerce companies should not use the phrase "14-day return period" in a way that absolves them of liability for defective goods. The 14-day period relates to the right of withdrawal; rights arising from defective goods are subject to different legal time limits and conditions.

Free Repair and Warranty Relationship

Some products also come with warranty certificates and after-sales service arrangements. If a consumer exercises their right to free repair, and the product malfunctions again within the warranty period, exceeds the maximum repair time, or is determined by a report to be irreparable, the consumer may request a refund, a price reduction proportional to the defect, or replacement with a defect-free equivalent. The Ministry of Trade states that the seller cannot refuse this request, and failure to do so would result in the seller, manufacturer, and importer being jointly and severally liable.

Therefore, the warranty period does not completely eliminate the consumer's optional rights. The seller or service provider cannot force the consumer to have the product repaired in every case. If the product repeatedly malfunctions, the repair time is exceeded, or repair is not possible, the consumer may have further claims.

The Role of the Marketplace in Online Sales

In sales made through marketplace platforms, consumers often place their orders, make payments, and initiate return requests through the platform. Therefore, marketplaces play a practically significant role in disputes regarding defective goods and services.

The seller is responsible for the delivery of the product in accordance with the contract. However, in some cases, the responsibility of the intermediary service provider may also be discussed if the marketplace plays an active role in managing product descriptions, consumer complaints, return processes, order records, and the communication system. In particular, responsibility may be assessed more broadly if the consumer's return request is not forwarded to the seller, if incorrect product information originates from the platform, or if the platform misleads the consumer with its own commitments.

E-commerce sellers must accurately enter product descriptions, keep stock and model information up-to-date, maintain shipping records, and respond to customer requests in a timely manner when selling on a marketplace. Being a marketplace seller does not absolve one of responsibilities arising from consumer law.

Are shipping damage and incomplete delivery considered defective goods?

Damage to products during shipping or incomplete delivery is a common problem in online sales. If the consumer receives a broken, crushed, scratched, missing part, or incorrect product, defective goods provisions may apply. The seller is obligated to deliver the product to the consumer in accordance with the contract.

The relationship between the shipping company and the seller does not eliminate the seller's direct responsibility towards the consumer. The seller can fulfill the consumer's request and, within their internal relationship, contact the shipping company. Therefore, simply telling the consumer to "contact the shipping company" does not completely transfer responsibility.

The consumer should also inspect the product upon delivery, and if there is any damage, have a damage report drawn up by the courier, take photos and videos, notify the seller in writing, and keep all records. However, the failure to draw up a damage report does not completely eliminate the consumer's rights in all cases; defects can be proven with concrete evidence.

Can a seller request a service report for a defective product?

The seller may wish to investigate whether the product is truly defective. A service report may be required, especially for technical products. However, this process should not unnecessarily delay the consumer's rights. The seller should not remain unresponsive for months under the pretext of investigation, nor should they evade responsibility by constantly directing the consumer to service centers.

In cases of defects that emerge within the first six months, the seller is obligated to prove that the goods were not defective. Therefore, the content, methodology, and basis of a report stating "service technician said it was user error" are crucial. If the report is abstract and lacks justification, it can be challenged before a consumer arbitration board or court.

Can a consumer claim compensation for a defective product?

In addition to their optional rights, consumers can also claim compensation for damages. Compensation may be relevant if the consumer has incurred additional costs due to a defective product, suffered other losses due to the faulty product, or if the defective service has resulted in economic loss.

For example, if a defective electronic device has damaged other belongings of the consumer, if the consumer has had to make additional payments due to the complete lack of online service, or if the consumer has incurred shipping/service/installation costs due to the defective product, these damages can be claimed separately. However, for compensation, the damage, fault, appropriate causal link, and evidence must be evaluated in the specific case.

Application to the Consumer Arbitration Board

In online sales, consumers can apply to consumer arbitration boards for disputes regarding defective goods and services below certain monetary limits. According to the Ministry of Trade's announcement dated December 29, 2025, for 2026, applications can be made to provincial or district consumer arbitration boards for consumer disputes with a value below 186,000 TL.

When applying to the consumer arbitration board, the following documents are important: order confirmation, invoice, payment receipt, product photos, video recordings, correspondence with the seller, service report, shipping receipt, screenshot of the product listing, and expert opinion if available. Since product pages can be changed later in online sales, consumers should also document the listing and specifications as they were at the time of purchase, if possible.

Consumer courts are involved in disputes exceeding 186,000 TL. Disputes requiring mediation should be evaluated separately before filing a lawsuit in consumer court.

Compliance Recommendations for E-Commerce Companies

Online retailers must first ensure accurate product descriptions to reduce their liability for defective goods and services. Product images, technical specifications, dimensions, warranty information, stock availability, color, and model information must be correct. The qualities promised in the advertisement must be consistent with the product page and the contract.

Secondly, customer service representatives must understand the difference between defective goods and the right of withdrawal. When a consumer reports a defective product, an automatic rejection should not be issued with the statement "14 days have passed." Defective product applications should be recorded separately, and the service and inspection process should be completed within a reasonable time.

Thirdly, return and exchange policies must be written in accordance with regulations. General and consumer-unfriendly statements such as "No returns on promotional items," "Opened products will not be accepted under any circumstances," and "Whatever the service department says goes" should be avoided.

Fourthly, delivery and shipping processes must be traceable. Products should be properly packaged, shipping records should be kept, and reports of damaged deliveries should be investigated promptly.

Fifthly, online service providers must clearly state the scope of their services. It should be explicitly specified which content will be offered, on what date, on which platform, for how long, and under what technical conditions.

Conclusion

Liability for defective goods and services in online sales is one of the most important aspects of consumer law in e-commerce applications. The seller is obligated to deliver the goods in accordance with the contract, product description, advertising, and the consumer's reasonable expectations. The provider must also deliver the service in the manner, time, and quality agreed upon in the contract.

In the case of defective goods, the consumer may exercise one of the following rights: withdrawal from the contract, a price reduction proportional to the defect, free repair, or replacement with a defect-free equivalent. The seller is obligated to fulfill the consumer's preferred request. Defects that appear within the first six months are presumed to have existed at the time of delivery, and the burden of proof that the goods were not defective rests with the seller.

In cases of defective services, rights such as having the service performed again, a discount proportional to the defect, free repair, or termination of the contract may arise. For services such as online education, software, digital subscriptions, consulting, technical support, and similar services, the features promised in advertisements and on the website are crucial in determining whether the service is defective.

In conclusion, for e-commerce companies, liability for defective goods and services is not solely a matter of customer satisfaction. This issue directly impacts consumer arbitration board decisions, consumer court cases, compensation claims, administrative sanctions, and brand reputation. Therefore, it is crucial for every online business to prepare accurate product descriptions, manage return and defective product processes separately, maintain regular service records, respond to customer inquiries promptly, and establish a sales infrastructure compliant with consumer law.