Unjustified Suspension of Seller Accounts on Trendyol, Amazon, and Marketplaces: Legal Aspects, Compensation Rights, and Solutions

The enormous transformation that e-commerce has undergone on a global and national scale has fundamentally changed how businesses reach customers. Today, thousands of sellers, whether sole proprietorships or large corporations, conduct their operations Electronic Commerce Intermediary Service Providers (ETAPs), . Sellers continue their commercial lives by accepting standard (printed) intermediary agreements offered by these platforms in order to showcase their products to millions of consumers.

However, the high transaction volume and dynamism brought about by digital commerce also lead to serious legal disputes between sellers and marketplaces. The most pressing of these disputes, which disrupts commercial activity and even brings businesses to the brink of bankruptcy, is the unfair suspension, closure, or restriction of a seller's account.

For a seller who has invested capital in advertising, inventory management, warehousing, and human resources, having their account suddenly closed for abstract reasons or without any prior notice is no different than shutting down a factory. So, what are the legal rights of sellers when marketplaces like Trendyol and Amazon unfairly suspend their accounts? What types of compensation can the seller claim? How does the legislation protect the seller in this regard?

This comprehensive guide addresses the suspension of seller accounts on marketplaces within the framework of Law No. 6563 on the Regulation of Electronic Commerce (ETK), the Regulation on Electronic Commerce Service Providers and Electronic Commerce Service Providers, the Turkish Code of Obligations No. 6098 (TBK) , and the Turkish Commercial Code No. 6102 (TTK) , presenting the information without any errors and in a language easily understandable to everyone.

1. The Nature of the Legal Relationship Between the Marketplace and the Seller

To determine the legality of suspending a seller's account, it's first necessary to properly establish the foundations of the legal relationship between the platform and the seller.

                  MARKETPLACE - SELLER LEGAL RELATIONSHIP DYNAMICS │ ┌────────────────────────────────────┴─────────────────────────────────────┐ ▼ ▼ INTERMEDIATION SERVICE CONTRACTUAL FRAMEWORK AGREEMENTS: COMMERCIAL PARTIES AND PRUDENT MERCHANT • Anonymous / Mixed Framework Agreement • Both parties are merchants (Turkish Commercial Code, Article 12) • Additive structure (Unilateral design by the marketplace) • Obligation to act as a prudent businessman (Turkish Commercial Code, Article 18/2) • Freedom of contract restricted by mandatory legal provisions • Prohibition of abuse of power (Abuse of rights)

A. The Reality of Type A Contracts (Accession Contracts)

Contracts signed between marketplaces and sellers (usually approved digitally) sui generis framework contracts in the context of contract law. The seller has no chance to negotiate, modify, or bargain over the terms of this contract. The seller either accepts the terms as they are ("Take it or leave it") or cannot sell on the platform.

B. Merchant Status and Obligation to Act Prudently

Since both parties to the contract are merchants, according to Article 18/2 of the Turkish Commercial Code, both parties "like a prudent businessman" . The marketplace platform cannot impose arbitrary, unfair, or disproportionate sanctions against the seller based on its market power, technological superiority, or dominant position. The fact that the parties are merchants does not give the marketplace the freedom to violate the law.

2. Why are Seller Accounts Suspended?

In practice, marketplaces like Trendyol and Amazon categorize account suspensions into specific reasons. From a legal standpoint, while some of these reasons are compliant with regulations and contracts, a significant portion are unfair and unlawful

                        ACCOUNT SUSPENSION REGIME │ ┌────────────────────────┴─────────────────────────┐ ▼ ▼ JUSTIFIED/LAWFUL SUSPENSIONS UNJUSTIFIED/ILLEGAL SUSPENSIONS • Concrete evidence of selling counterfeit/imitation products • Closures made without a justifiable reason • Violation of legislation • Sale of prohibited or inappropriate products • Failure to comply with the 15-day legal prior notification period • Qualified fraud or fraudulent transaction • Continuation of suspension despite submission of invoice/document • Threat to consumer health and safety • Restrictions aimed at promoting competing products

A. Justifiable and Lawful Suspension Cases

The marketplace platform reserves the right to temporarily restrict or close a seller's account in order to protect consumers, public order, and intellectual property rights in the following cases. In such cases, the seller, as a rule, cannot claim compensation from the marketplace:

Infringement of Intellectual and Industrial Property Rights: This occurs when it is established through official documents, court decisions, or findings by competent authorities that the seller is selling counterfeit, fake, or copyrighted/trademark-infringing products.
Sale of Prohibited and Threatening Products: Displaying products whose online sale is prohibited by law (counterfeit dietary supplements, unlicensed medical devices, weapons, etc.).
Systematic Fraud and Deception: Deliberately sending empty boxes to consumers, creating fake shipping tracking numbers, or engaging in cyberattacks that threaten platform security.

B. Cases of Unlawful and Irregular Suspension (Situations Giving Rise to Compensation)

Closures carried out by marketplaces due to algorithm errors, inadequate customer service policies, or arbitrary actions unfair suspensions :

1. Failure to Comply with Legal Notification Periods (E-Commerce Regulation, Article 14)

According to mandatory regulations in e-commerce legislation, if a marketplace platform wishes to restrict, suspend, or terminate the service provision agreement with a seller:

Unless there is an emergency situation (public order, serious crime, irreparable harm), the seller must be notified of the suspension at least 15 days in advance , with clear, understandable and concrete evidence
Failure to comply with this timeframe, and suddenly shutting down the panel one morning, constitutes a direct and unlawful termination/restriction of the seller's contract

2. Processing Complaints and Reports Without Investigation (False Reports)

In the industry, it is a serious service failure for a marketplace to close an account without conducting any investigation or requesting proof of authenticity from a seller, based on unfounded "This product is fake" or "It infringes my intellectual property" accusations made by competitors for the purpose of "unfair competition".

3. Account not opened despite the seller providing official documents and invoices

This is the most common problem encountered in Amazon and Trendyol processes. Even though the seller submits official purchase invoices, authorization documents, and customs declarations proving that the product was purchased from an authorized manufacturer or distributor , the system's automated responses (bot replies) obstruct the process and continue to keep the account closed, constituting a serious flaw on the part of the marketplace

4. The Intention to Promote Their Own Brand (Conflict of Interest)

In systems where the marketplace itself is also a seller (for example, Amazon competing in the same category with its own brand or Trendyol with its sub-brands), suspending and removing a rival independent seller's account from the marketplace on unfounded grounds is a serious violation of both the E-Commerce Law and Competition Law

3. Types of Compensation That Can Be Claimed in Case of Unjustified Suspension

The marketplace's unjustified suspension of a seller's account constitutes "Breach of Contract" and improper performance of an obligation within the meaning of Article 112 of the Turkish Code of Obligations. In such a situation, the seller who has suffered damages may claim substantial compensation from the marketplace.

                          TYPES OF COMPENSATION THAT CAN BE CLAIMED │ ┌─────────────────────┬───────────────┴───────────────┬───────────────────────┐ ▼ ▼ ▼ ▼ POSITIVE DAMAGES (LOSS OF PROFIT) ACTUAL DAMAGES NON-PECUNIARY DAMAGES BLOCKED RIGHTS (Lost net profit) (Inventory, advertising, penalty costs) (Loss of commercial reputation) (Funds held inside)

A. Lost Profit (Loss of Profit / Positive Damage)

The biggest loss for a seller whose account has been unfairly suspended is the loss of revenue and net profit they would have earned during the period the account was closed.

Loss of Profit Calculation Methodology

Expert witnesses (e-commerce expert and financial consultant) appointed by the court during the trial phase will make calculations based on the following criteria:

Retrospective Data Analysis: The average daily sales, order quantity, and net profit margin for the last 6 months or 1 year prior to the seller's account suspension are determined.
Seasonality Effect: Whether the account closing period coincides with special occasions (Black Friday, New Year's, holiday campaigns, etc.) is taken into consideration.
Net Profit Decomposition: Net Profit Loss is calculated by deducting expenses the seller avoided incurring during that period (unpaid marketplace commission, avoided shipping costs, etc.) from the gross turnover .

Example Scenario: If a store on Trendyol with an average monthly net profit of 150,000 TL is unfairly closed for 3 months due to a false report of counterfeit products, and remains closed despite invoices being provided, the net profit loss the seller could claim would be around 450,000 TL

B. Actual Damages (Tangible Out-of-Pocket Losses)

This includes tangible reductions in the seller's assets resulting from the closure of the account:

Idle Inventory Cost: The cost of products purchased and packaged specifically for sale on that platform, but which spoil, become outdated, or expire due to suspension or other reasons while stored in a warehouse.
Wasted Advertising and Campaign Spending: Budgets paid for on-platform promotions (sponsored products) or externally linked ads immediately before account closure that did not reach their target.
Storage and Logistics Invoice Fees: These fees, particularly for sellers using Amazon FBA (Fulfillment by Amazon) or Trendyol Warehouse services, include extra storage penalties and product removal costs for items accumulated in the warehouse due to account closure.
Fixed Operating Costs: Employee salaries, software integration fees, and warehouse rents that continue to be paid despite the store being closed.

C. Non-pecuniary damages due to damage to commercial reputation (Turkish Code of Obligations, Article 58 & Turkish Commercial Code, Article 56)

In the business world, trust is everything. Suspending a seller's account suddenly for reasons like "Violation of Terms of Service" or "Suspicion of Counterfeit Products" reflects negatively on the public and customers.

Hundreds of thousands of positive customer reviews (feedback), store ratings (e.g., a 9.8 store score), and "Successful Seller" badges, accumulated over years of hard work, are lost or diminished upon account closure.
Legal entities (companies) also have the right to commercial reputation. Businesses whose reputation in the market is damaged and who are perceived as "untrustworthy" by their customers can claim compensation for moral damages from the marketplace

D. Refund of Held Balances and Entitlements (Unblocking)

When marketplaces suspend an account, they typically block (hold) and withhold a seller's accumulated earnings (money from sold goods) for periods ranging from 90 to 180 days

It is unlawful for a marketplace to seize a seller's money or block their account for unreasonable periods in the event of an unfair suspension .
The seller may demand immediate payment of the outstanding principal and accrued interest (commercial default interest) for the period the funds were held in arrears

4. The Legal Process: The Step-by-Step Path to Seeking Justice

A seller whose account has been unfairly suspended may panic and make wrong moves, weakening their evidentiary value in the legal process. Therefore, the process needs to be planned carefully.

                           PROCESS MANAGEMENT AND LEGAL STEPS │ ┌─────────────────────┬───────────┴───────────┬───────────────────────┐ ▼ ▼ ▼ ▼ 1. EVIDENCE REGISTER 2. OFFICIAL OBJECTION AND WARNING 3. MEDIATION APPLICATION 4. LAWSUIT AND PRECAUTIONARY MEASURES (Screenshots, (Notification via notary public (In commercial disputes (Commercial Court of First Instance, invoices, e-mails) and setting a deadline) compensation lawsuit)

Step 1: Securing Proof Without Destroying Evidence

The moment the account is suspended is critical. The seller must immediately take the following steps:

A screenshot of the panel indicating the store was suspended, the notification emails received, and the abstract reasons given should be recorded.
Sales reports, profit margins, inventory levels, and customer ratings (from the dashboard or integration software if possible) should be downloaded and backed up before the account is closed
All supply invoices, authorized dealer certificates, and customs documents for the products subject to suspension must be filed completely.

Step 2: Sending a Notice Through a Notary Public

Writing to the marketplace's customer support channels (ticket system) is often insufficient. A formal notice of protest must be sent to the marketplace's official legal entity via a notary public .

The notice should emphasize that the account suspension is unlawful and contrary to the contract, that all documents have been submitted, and that the 15-day legal prior notification rule has not been complied with
The account must be opened within 3 to 7 days at the latest; otherwise, legal action will be taken for all current and future profit losses and actual damages.

Step 3: Mandatory Commercial Mediation

According to Article 5/A of the Turkish Commercial Code, mediation is a prerequisite for litigation in commercial receivables and compensation cases where the subject matter is the payment of a sum of money.

Before filing a lawsuit, an application is made to the Commercial Mediation office against the marketplace.
In mediation talks, marketplace representatives sit down to negotiate the opening of the account and compensation for damages. If an agreement cannot be reached, a "Final Report of Failure to Reach an Agreement" is prepared, and legal action is initiated.

Step 4: Filing a Lawsuit and Obtaining a Provisional Injunction in the Commercial Court of First Instance

If mediation fails, a lawsuit for material and moral damages is filed in the competent Commercial Court of First Instance

Request for Provisional Measures (Code of Civil Procedure, Article 389): Along with the lawsuit, a provisional measure may be requested from the court to "temporarily open the seller's account and allow the continuation of commercial activity until the end of the lawsuit ." The court may grant this measure if the seller proves with concrete evidence that their company will go bankrupt and suffer irreparable damages if the account remains closed.

5. Are the Marketplace's "Disclaimer Clauses" Legally Valid?

Trendyol, Amazon, and other platforms often include strict clauses like these in their user agreements:

“The marketplace may suspend, close, or restrict a seller's account unilaterally and at any time without giving any reason. The seller acknowledges and agrees that they will not be entitled to any claims for lost profits, compensation, or expenses due to the suspension of their account.”

Legal Fact: These Articles Are ABSOLUTELY INVALID!

It is not legally possible for marketplaces to evade responsibility by hiding behind these articles:

Mandatory Legal Provisions Take Precedence: The provisions of the E-Commerce Law and the E-Commerce Regulation relate to public order and are mandatory. Contractual provisions that circumvent the 15-day prior notification rule and the justifiable cause requirement mandated by law are invalid.
of Exemption from Liability Due to Gross Negligence (Turkish Code of Obligations, Article 115): According to the first paragraph of Article 115 of the Turkish Code of Obligations, "An agreement made in advance that the debtor will not be liable for gross negligence is absolutely null and void." Since the marketplace's act of keeping the account closed despite the evidence, or suspending it without investigation, is considered "gross negligence," these provisions become invalid.
Breach of the Principle of Good Faith (Turkish Code of Obligations, Article 2 & Turkish Commercial Code, Article 18): Contract terms that leave one party completely unprotected and grant the other party unlimited, arbitrary authority are contrary to the principle of good faith and are not taken into consideration by the courts.

6. Table of Common Victimization Scenarios and Legal Status

The table below summarizes the most typical suspension scenarios experienced by sellers on marketplaces, the marketplace's legal responsibility, and the seller's rights:

Marketplace Suspension Scenarios and Legal Consequences Table

Suspend Scenario	Legal Status of the Marketplace	Legal Process and Procedural Requirements	Does the seller have the right to compensation?	Rights That Can Be Claimed
Sudden Suspension Without Justification or Notice	Clearly Illegal (Violation of Article 14 of the E-Commerce Regulation)	No reasoned notice was given 15 days in advance.	YES (Full Compensation)	• No Profit Remaining (Loss of Profit) • Actual Damages • Non-pecuniary damages
Account Not Opened Despite Presentation of Invoice for Authenticity	Gross Negligence (Breach of Contract and Duty of Care)	The seller's submitted documents were rejected without review.	YES	• All accumulated Loss of Profits during the suspension period • Return of the blocked balance with advance interest
Proving that Counterfeit/Imitation Products Were Sold	Lawful (Intellectual Property and Public Order Protection)	It can be shut down immediately without prior notice.	NO	The marketplace has no liability for compensation.
Suspension without investigation based on unfounded complaints from competitors	Unlawful (Clear Negligence in Service)	The marketplace violated its research obligation.	YES	• Loss of profit equal to the number of days the store remained closed • Warehouse and inventory losses
Seller Balance (Fund) Blocked for More Than 6 Months	Unlawful (Property Rights and Unjust Enrichment)	The reasonable time limit has been exceeded, and the money has been confiscated.	YES	• Collection of the blocked amount with commercial rediscount/advance interest
Reliance on the "No Compensation Claims" Clause in the Contract	Invalid / Null and Void (Turkish Code of Obligations, Article 115, Prohibition of Gross Negligence)	The contract clause is legally invalid.	YES	• All Claims for Material and Moral Damages

Conclusion and Strategic Recommendations for Sellers

While marketplace platforms (Trendyol, Amazon, Hepsiburada, etc.) provide a massive customer base for e-commerce businesses, it is unacceptable for these platforms to use their digital power and algorithms in an uncontrolled, arbitrary, and unfair manner against sellers.

The Turkish legal system, the E-Commerce Law, the Turkish Code of Obligations , and the Turkish Commercial Code, protects sellers against these arbitrary actions of marketplaces. Any seller whose account is closed without just cause, despite the submission of original documents and without adhering to the 15-day legal notice period, has the right to seek compensation through legal action for lost profits, inventory losses, expenses, and damage to commercial reputation .

It should be remembered that: In the e-commerce world, the most appropriate course of action for a seller facing an unfair suspension is not to panic and engage in erroneous correspondence, but to immediately pursue the process with a formal notice, evidence gathering, and guidance from a trade/e-commerce lawyer specializing in the field . The unilateral impositions of marketplaces are not superior to the rule of law.

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Unjustified Suspension of Seller Accounts on Trendyol, Amazon, and Marketplaces: Legal Aspects, Compensation Rights, and Solutions