The Legal Aspects of E-Commerce, the Preferred Industry of Technological Society

In the e-commerce platform, where transaction volume is increasing daily in online environments, the protection of consumer rights in sales and service contracts has increased the need for legal regulations. Naturally, in the context of changing requirements, the legal field is also revising its regulations regarding penalties and other issues related to e-commerce companies failing to fulfill their responsibilities. In Turkey, in this context, there are the following laws: Law No. 6563 on the Regulation of Electronic Commerce (dated May 1, 2015), the Law on Consumer Protection, the Distance Selling Regulation, the Law on Intellectual and Artistic Works, the Decree Law on Trademarks, the Internet Law, and the Draft Law on the Regulation of E-Commerce.

the ever-evolving field of Information Technology Law, consumers e-commerce activities from experienced IT lawyers .

How aware are consumers of their rights and responsibilities before placing an order in e-commerce?

The rights granted to consumers by the E-Commerce Law, in order to protect consumer rights and regulate the obligations and penalties of e-commerce companies, are as follows:

• E-commerce websites visited by consumers are required to promote the company they represent. However, e-commerce companies that fail to fulfill this obligation face administrative fines ranging from 1,000 TL to 5,000 TL.
• E-commerce companies are obligated to provide consumers with their trade name, MERSİS number, contact information, etc., through these application platforms, and to provide contact information for complaint notifications and feedback.
• Consumers should be able to access information about the features of the goods and services offered by the e-commerce company, as well as the total price, including taxes and transportation costs. Furthermore, consumers should be informed about the possibility of additional expenses and any discrepancies in the total price.
• The consumer has the right to be informed about the circumstances under which they can exercise their right of withdrawal, the conditions under which they cannot exercise this right, and the contact information to which they can communicate their right of withdrawal
• Consumers have the right to be informed about the authorities they can contact in case of a dispute
• Brands and e-commerce businesses are not allowed to send advertising messages to consumers via email and SMS without their consent. Furthermore, consumers have the right to refuse such messages, even under conditions they have previously agreed to
• Sharing a consumer's personal information with other individuals without their consent is prohibited. In such cases, the consumer must be informed of the purpose for which their information will be used.

In e-commerce, every consumer should be aware of their rights and responsibilities after completing an order

• After placing and completing an order, the consumer has the right to receive confirmation that the order has been received, primarily through the e-commerce website interface or mobile interface.
• Consumers have the right to be notified of receipt of their order via email, SMS, telephone, or fax. Companies that fail to fulfill this obligation are subject to administrative fines ranging from 1,000 TL to 10,000 TL.
• Consumers have the right to receive the product or service contract they have entered into with an e-commerce company, either electronically or physically. E-commerce companies that violate this obligation are subject to administrative fines ranging from 1,000 TL to 5,000 TL.
• Even if no information is provided regarding the delivery date, product sales must be completed within 30 days from the date the order is received by the e-commerce company
• If the aforementioned obligation is not fulfilled, the consumer has the legal right to terminate the contract with the e-commerce company and demand a refund of the amount paid, along with legal interest for the default.
• The consumer may withdraw from the contract within 14 days of purchasing the product or service. They do not need to give any reason or pay any penalty for doing so.
• The consumer's right to withdraw from a purchase is subject to exceptions for products that are not durable and are at risk of being depleted over time.
• Consumers who wish to exercise their right of withdrawal must notify the e-commerce site of this, and the companies are obliged to refund the fee and shipping costs within 14 days.
• Consumers must return the product to the e-commerce company within 10 days of notifying them of their intention to exercise their right of withdrawal.

The legal aspects of e-commerce for businesses are…

Businesses before e-commerce;

• E-commerce businesses are required to provide information about themselves on their home pages in a way that is easily accessible to consumers. Information such as their headquarters address, contact numbers, business name, or registered trademark is among the information consumers need to find.
• E-commerce businesses are obligated to inform consumers about the product or service, the terms and conditions of the cancellation process, and other related obligations before the sale.
• When displaying total price information and additional charges, sellers are required to obtain confirmation from the customer that they have been provided with prior information.
• In the contract, clauses relating to the right of withdrawal should be indicated in 16-point font, while other clauses should be indicated in at least 12-point font.
• E-commerce companies must include an order summary in the contract, which shows the product purchased, additional costs, and total price on the e-commerce website's interface.
• E-commerce companies are required to provide consumers with the option to withdraw from the contract or request an exchange on their website.

After e-commerce, businesses;

After the order is completed, the confirmed distance contract must be delivered to the consumer electronically or physically. While businesses with an annual turnover exceeding 5 million TL are obligated to switch to e-invoicing, e-commerce companies with lower turnovers can also choose e-archiving and e-invoicing alternatives.

In conclusion…

In e-commerce, which offers opportunities to individuals in the technology-driven society who strive to save time and take advantage of various alternatives, it would be beneficial for both consumers and companies providing services on this platform to consult with IT lawyers who possess the necessary knowledge and expertise in accordance with the Electronic Commerce and Internet Law, in order to address any grievances they may experience.