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I ORDERED A PRODUCT FROM A FAKE SHOPPING WEBSITE AND IT DIDN'T ARRIVE. WHAT SHOULD I DO?

I ORDERED A PRODUCT FROM A FAKE SHOPPING WEBSITE AND IT DIDN'T ARRIVE. WHAT SHOULD I DO?

What should you do if you've been scammed after shopping on a fake online store?

Online shopping has become an indispensable part of daily life. However, this fake shopping sites and fake boutiques established through social media. Consumers are often deceived by attractive phrases such as "discount," "campaign," and "last stock," and end up paying for products that are either never delivered or are completely different and worthless than what was promised.

This article will detail, in legal terms, the steps you should take, your legal rights, and the avenues for redress if you become a victim of shopping from a fraudulent website


1. What is a Fake Shopping Website? How is it Evaluated from a Legal Perspective?

"Fake e-commerce sites" are websites and social media accounts that are not actually intended to sell goods or services, but are created solely to extort money from consumers or to obtain personal/data/payment information.

On these types of sites, often:

  • There is no actual company information, tax number, or MERSİS registration

  • Contact information is either non-existent or fabricated

  • Extremely low prices and unbelievable promotions are offered,

  • The company includes clauses that are detrimental to consumers, such as "No refunds" and "Bank transfer/EFT only".

From a legal standpoint, transactions conducted through fraudulent online shopping sites often constitute a form of fraud disguised as a "consumer transaction." Consumers can exercise their rights under the Consumer Protection Law No. 6502 , or file a criminal complaint based on the fraud provisions of the Turkish Penal Code


2. What to do in the first few minutes: Check your payment method

As soon as you realize you've made a purchase from a fraudulent website, it's crucial that you take the following steps immediately:

2.1. Contact Your Bank Immediately

If you paid with a credit card or debit card:

  • Call your bank's call center and explain the process

  • If possible, request cancellation of the transaction or a chargeback

  • To protect against potential misuse of your card , temporarily deactivate or replace it.

If you paid by bank transfer/EFT:

  • By applying in writing or at a branch to the bank where the recipient account is located,

  • Request that the account be blocked due to suspicion of fraud and that the records be retained to identify the recipient

While these steps don't always provide a definitive solution, they do create an important infrastructure for both protecting banking records and handling future lawsuits and prosecutorial investigations.

2.2. Collect and Preserve All Evidence

In cases of fraudulent online shopping, proof is often electronic evidence . Therefore:

  • Take screenshots of the website or social media account,

  • Save screenshots of the order page, product description, price, and promises

  • Obtain the payment receipts and bank statements

  • Archive screenshots of your conversations on platforms like WhatsApp, Instagram, and Facebook Messenger.

If possible, obtaining these records the date and time information and URL (internet address) visible will make your work easier in the legal process.


3. Consumer Law Aspect: Arbitration Board and Consumer Court

If a legitimate company, taxpayer, or registered seller is behind the fraudulent online shopping site , you can also file a claim against them under consumer law .

3.1. Application to the Consumer Arbitration Board

For disputes below certain monetary limits, applying to the Consumer Arbitration Board is mandatory or at least a priority. (The monetary limits, updated annually in the Official Gazette, should be taken into account.)

When applying to the arbitration panel:

  • In your petition, you should state that you made the transaction through the fake shopping website

  • The price you paid,

  • The product either did not arrive at all or arrived different from what was promised,

  • All your evidence (receipts, screenshots, etc.)

By adding this, a refund of the amount paid .

However, with websites that are completely fraudulent and don't even have an identifiable company behind them, it can be difficult to find a party to hold accountable, so it may not always be possible to achieve a resolution through arbitration. Nevertheless, if the real owner of the account you used for payment can be identified, a complaint can be filed against that person or company.

3.2. Lawsuit in Consumer Court

If the amount of the dispute is high, or if the problem cannot be resolved despite the arbitration board's decision, then filing a lawsuit in the Consumer Court becomes an option.

In this case:

  • Refund of the amount paid,

  • Late payment interest,

  • Financial and moral damages, if necessary

Claims can be made. However, the main focus of fake websites is usually on identifying and punishing the perpetrator through criminal investigation and recovering the damages.


4. Criminal Law Aspect: Filing a Criminal Complaint with the Prosecutor's Office

Transactions conducted through fake e-commerce websites are often fraud . These actions, particularly those targeting a large number of people using information systems, aggravated fraud .

4.1. What Crime Is Involved?

As stipulated in the Turkish Penal Code:

  • Fraud (Turkish Penal Code Article 157),

  • Qualified Fraud (especially the use of information systems, Turkish Penal Code Article 158),

According to the relevant regulations, you can file a criminal complaint with the Public Prosecutor's Office against the owners of the fraudulent online shopping site .

In your criminal complaint:

  • The URL of the fake shopping site you used,

  • The name of the social media account,

  • Your IBAN/account information for the payment,

  • The payment receipt,

  • Screenshots of the conversation

You need to add it in detail.

4.2. Cybercrime Units and BTK (Information and Communication Technologies Authority) Reports

Simultaneously with the prosecutor's investigation:

  • To the Cyber ​​Crimes Departments of the General Directorate of Security ,

  • The Information and Communication Technologies Authority (BTK) reports cybercrime via its reporting website (cybercrime reporting hotline).

You can report it. This way, the fake shopping site can be blocked more quickly, preventing other people from becoming victims.


5. Your Personal Data and Card Information May Also Be at Risk

You don't just send money to a fake shopping site, more often than not:

  • Name, surname, Turkish Republic ID number,

  • Address, phone number, email address,

  • Your credit card information

You also share extremely sensitive data such as this. Therefore:

  • Canceling your credit card or reducing your limit,

  • You should request an SMS/email alert system from your bank regarding suspicious transactions .

  • Be careful so that your information is not used in other fraud cases

This is of great importance. If necessary, application and complaint procedures regarding data security breaches can also be evaluated in accordance with the Personal Data Protection Law (KVKK) and related legislation


6. The Most Common Mistakes

Here are some common mistakes consumers make when becoming a victim of fraudulent online shopping sites:

  • Not applying at all, thinking, "It's a small amount anyway, I shouldn't bother,"

  • Deleting the account without saving the evidence (screenshots, correspondence, website links),

  • Hiding and not reporting being scammed simply because one is ashamed,

  • Remaining silent while a fake boutique on social media finds new victims .

It should be remembered that each complaintis of great importance in preventing the same fraudulent e-commerce site from defrauding others. Furthermore, in criminal investigations, the statements of numerous victims increase the evidentiary value.


7. What should you watch out for to protect yourself from fake shopping websites?

To avoid becoming a victim of fake websites, it's a good idea to make the following precautions a habit:

  • Only shop from well-known and reliable e-commerce sites

  • Be wary of products priced significantly below market value

  • Check if the site's SSL certificate (https) , domain name, "about us" section, and contact information are accurate

  • Do not trust websites that do not provide a tax identification number, trade name, and full address information

  • Avoid sellers who only accept bank transfers/EFTs and don't offer cash on delivery or secure payment systems

  • Be suspicious of newly opened social media accounts and boutiques with low follower counts but offering "miracle campaigns."

  • Check reviews from previous shoppers on independent platforms.


8. Frequently Asked Questions (FAQ)

1) If the amount I paid for a purchase from a fraudulent online store is low, should I still file a complaint?

Yes. The fact that the amount is low does not negate the fact that the act constitutes fraud . Furthermore, fake e-commerce sites often defraud hundreds, even thousands, of people with small amounts, making a huge illicit profit. By filing a complaint, you not only protect your own rights but also help prevent others from becoming victims.


2) I only transferred money to an Instagram boutique; there's no official company involved. Can I still take legal action?

Yes. The IBAN you used for the payment belongs to a real person or company. The account holder can be identified through bank records during a prosecutor's investigation or court proceedings. The account holder could appear as a suspect/defendant in a criminal case or as a defendant in a civil case.


3) The bank did not cancel the transaction I made. Have I lost my rights then?

No. The bank's refusal to cancel the transaction legal avenues are closed . You can still:

  • You can file a criminal complaint with the prosecutor's office

  • You can apply to the Consumer Arbitration Board or the Consumer Court

  • You can file a lawsuit to recover the debt if necessary.

The bank will only act within its own internal procedures; your right to pursue legal and criminal remedies remains intact.


4) If the fake online shopping site originates from abroad, is there anything I can do in Türkiye?

Although the process is more complicated for websites based abroad:

  • You can file a transaction dispute through the bank or card issuance that issued your payment

  • You can file a criminal complaint with the prosecutor's offices in Türkiye

  • You can report it to BTK (Information and Communication Technologies Authority) and cybercrime units.

It is possible to achieve results through international legal cooperation and the internal audit mechanisms of carding organizations; however, it should be borne in mind that the process may be longer and more uncertain.


5) Would it be a crime to expose a fake online shopping site on social media?

Describing the specific event accurately and without insult can be considered within the scope of the right to seek justice . However, if you use insulting terms such as "fraudster" or "thief" when naming a person or company, you risk facing a lawsuit alleging defamation or violation of personal rights. Therefore, it would be beneficial to use measured and careful language during legal proceedings and, if possible, seek legal assistance from a lawyer.


Conclusion

Being a victim of fake online shopping sitesis a common problem faced by many consumers today. In such situations, instead of panicking:

  1. Contact your bank to ensure the security of your card and transactions,

  2. To systematically collect and preserve all evidence,

  3. Where appropriate, you can apply to the Consumer Arbitration Board or the Consumer Court.

  4. It is essential to file a complaint with the Public Prosecutor's Office and report the incident to the cybercrime units.

You need to follow steps like these.

Don't hesitate to pursue legal action; the most effective fight against fraudulent online shopping sites is possible only when consumers are aware, determined, and actively seek legal recourse

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