Shipping Damage in Distance Selling: Who is Responsible, What Should the Consumer Do?

With the growth of e-commerce volume, one of the most common types of disputes consumers encounter is damage to ordered products during shipping. When products arrive broken, crushed, or damaged after online purchases, it raises questions for consumers and can lead to confusion regarding responsibility between sellers and shipping companies.

Within the framework of Law No. 6502 on Consumer Protection and related legislation, the legal aspects of cargo damage in distance selling and the legal procedures to be followed are of great importance.

1. Who is Legally Responsible? (The Issue of Risk Transfer)

In practice, sellers often use the defense, "I delivered the product to the shipping company in perfect condition; the responsibility lies with the shipping company." However, this defense has no legal basis in Turkish consumer law

• Seller's Delivery Obligation: According to Article 16 of the Distance Sales Regulation, the seller is obligated to deliver.

• When Does the Risk Transfer to the Consumer? The seller bears the risk of all loss and damage that occurs until the moment the possession (actual control) of the goods is transferred to the consumer .

Therefore, the seller is directly responsible for any damage that occurs during the shipping process. Since the consumer has not entered into a separate transportation contract with the shipping company, they can hold the seller responsible. The seller's recourse (claim for compensation) relationship with the shipping company is an internal matter and does not absolve them of their responsibility to the consumer.

2. Steps Consumers Should Follow in Case of Damaged Shipping

The precautions to be taken during and after receiving the product from the delivery person play a critical role in terms of the burden of proof in any potential legal dispute that may arise later:

a) Inspection and Record Keeping at the Time of Delivery

If the package arrives at your door with obvious damage to the outer packaging (crushing, tearing, wetting, etc.), the package should be opened and the product inspected in the presence of the delivery person. If damage is found, a "Damage Report" completed by the delivery person. This report is the strongest evidence proving that the damage occurred during transport.

b) Hidden Damage Condition (No Damage to Packaging)

Sometimes the outer packaging may appear perfectly intact, but upon opening the box, the product is found to be broken or damaged ("hidden defect/damage"). In this case, the consumer has the right to:

• The situation must be reported in writing (via email, registered email, or registered mail with return receipt) to both the seller and the relevant shipping branch on the same day.

• Photographs of the product and packaging should be taken to serve as evidence.

3. What are the Consumer's Optional Rights?

In cases where products are received damaged, the consumer may exercise one of the following optional rights based on the defective goods provisions stipulated in Article 11 of Law No. 6502:

1. Termination of Contract (Refund): You may request a refund of the entire amount paid, including interest.

2. Free Replacement: You can request a replacement product that is undamaged and brand new.

3. Repair or Price Reduction: Depending on the nature of the damage, you can request free repair or a price reduction proportional to the defect.

4. Legal Remedies: Arbitration Panel and Court Process

If the seller refuses to accept responsibility for shipping damage, shifts the blame to the shipping company, and avoids refunds or exchanges, the following legal avenues can be pursued:

• Consumer Arbitration Board (THH): Within the monetary limits determined based on the amount of the dispute, applications can be made via e-Government to the Consumer Arbitration Board located in the consumer's place of residence or where the transaction took place. The decisions of the arbitration board have the force of a judgment.
• Consumer Courts: For disputes exceeding monetary limits, it is possible to file a lawsuit directly in Consumer Courts.

What happens if a receipt isn't filed when receiving the shipment? Legal rights may be lost

One of the most common mistakes consumers make in e-commerce shopping is ignoring suspicious conditions on the outer packaging upon delivery or failing to open the package in the presence of the delivery person. When products are accepted without a damage report being filed, even if there are obvious signs of crushing, tearing, or wetting on the package, the subsequent damage assessment process becomes quite complex from a legal standpoint.

frequently encountered in practice , "Will I lose my rights if a receipt is not kept when receiving the shipment?" , carries legal risks for both consumers and e-commerce sellers.

1. The Effect of Not Preparing a Record at the Time of Delivery on the Burden of Proof

According to Article 6 of the Turkish Civil Code and the Code of Civil Procedure (HMK), unless the law provides otherwise, both parties bear the burden of proving the facts they claim.

• Presumption of Delivery (Karzi Kasine): According to the Turkish Commercial Code (TTK) and related transportation legislation, when a cargo shipment is received without any reservation or objection and against a signature, a legal presumption arises that the goods have been delivered in good condition and complete.

• Difficulty of Proof: If a consumer receives the package without making any claims and then opens it at home to find the product broken or damaged, they must prove that the damage was caused by the shipping company or the seller during transport . In the absence of a written record, sellers often have the right to defend themselves by saying, "The product arrived intact from the courier; the consumer dropped or damaged it themselves."

2. Court of Appeals Practice and the "Hidden Damage" Exception

In Supreme Court rulings, situations where the product inside the box is broken/defective despite no signs of damage on the outer packaging ("hidden defect" or "hidden damage") are evaluated separately from cases where the packaging is obviously damaged but the product is received without a delivery receipt.

• If the packaging appears perfectly intact from the outside but the product is damaged internally, it is practically impossible for the consumer to file a report with the delivery person. In such cases, the Supreme Court accepts that the consumer can rely on defective goods provisions provided that they immediately notify the seller and the shipping company of the defect as soon as they notice it (usually within days of delivery).
• However, if a package with obviously crushed, burst, or wet packaging is accepted without a damage report being filed with the delivery person, it becomes extremely difficult to bear the burden of proof in any future lawsuits.

3. Even without a written record, do consumers' rights completely disappear?

The fact that no official record was kept does not completely eliminate the consumer's legal rights ; however, it makes the process more legally difficult. To avoid or minimize loss of rights in this situation, the following steps can be taken:

1. Immediate Notification and Evidence Gathering: Immediately after delivery (within the same day), detailed photos/videos of the product and packaging should be taken from different angles, and the situation should be reported in writing to the seller and the shipping branch via email or registered mail.
2. Witness Testimony or Other Evidence: The consumer can assert their rights to the extent that they can support their claim with other evidence (e.g., the delivery person's departure time, witnesses to the package being opened, etc.) regarding the condition of the package at the time of delivery.
3. Distance Selling Guarantee: According to the Distance Selling Regulations, the risk remains with the seller until the moment of physical delivery to the consumer. Therefore, the seller is obligated to manage their recourse relationship with the shipping company. However, in cases of undocumented deliveries, sellers frequently use this as a defense to evade responsibility.

Shipping Company Responsibility: Lost Goods in Light of Supreme Court Precedent Decisions

With the ever-increasing volume of e-commerce, the shipping and logistics sector, which plays a critical role in delivering online orders to consumers, is also at the center of legal disputes. Questions frequently arise regarding who is responsible and how to recover damages in cases where an ordered product is not delivered at all, is lost during shipping, or is stolen.

In disputes involving lost goods, which lie at the intersection of Turkish consumer law and transportation law, the established precedents set by the Supreme Court clearly define the rights and obligations of the parties.

1. Framework of Legal Responsibility: Seller and Shipping Company Position

There is a frequent misunderstanding regarding who consumers should hold legally responsible for lost shipments.

• Seller's Responsibility under the Distance Selling Contracts Regulation: According to Law No. 6502 on Consumer Protection and related regulations, the seller is obligated to deliver. The seller bears all risk of loss and damage until the product is physically delivered to the consumer.

• Shipping Company's Responsibility in the Transportation Contract: A transportation contract exists between the seller and the shipping company. The shipping company is obligated to deliver the goods safely and within the promised timeframe to the buyer. In the event of loss of goods during the shipping process, the shipping company is liable as the carrier according to the provisions of the Turkish Commercial Code (TTK).

2. Missing Product Disputes in Light of Supreme Court Decisions

The key principles highlighted in the decisions of the relevant chambers of the Supreme Court (particularly the 11th and 13th Civil Chambers) regarding cargo losses and delivery problems are as follows:

a) The consumer has no direct contractual relationship with the shipping company

As consistently emphasized in Supreme Court precedents, there is no direct contractual relationship established between the consumer and the shipping company. The consumer makes the purchase directly with the seller (e-commerce site). Therefore, in the event of product loss during transit, the consumer is not obligated to sue the shipping company directly; they can pursue legal action directly against the seller.

b) The burden of proof of delivery rests with the seller and the shipping company

According to the Code of Civil Procedure (HMK), the party claiming delivery of the goods is responsible for proving it. Supreme Court rulings state that in disputes where the product appears as "delivered" in the cargo tracking system but has not reached the buyer, the shipping company and the seller are obligated to provide signature circulars and delivery receipts (delivery code, wet signature, or buyer confirmation). If a valid delivery document bearing the buyer's signature cannot be presented, the product is considered lost, and the seller is held responsible for a refund.

c) Seller's Right of Recourse Against the Shipping Company

The Supreme Court of Turkey accepts that a seller who fulfills a consumer's request for a refund or reshipment can seek recourse (compensation) from the relevant shipping company for the damages incurred, based on the shipping contract. In other words, losses resulting from the shipping company's negligence or fault are ultimately resolved between the parties to the commercial transportation contract; the consumer cannot be harmed in this process.

3. Consumer Rights and Procedures in Case of Lost Product

If the ordered product is lost or not delivered at all by the shipping company, the consumer has the following rights:

1. Termination of Contract and Refund: For lost products not delivered within the 30-day legal delivery period or the promised timeframe, the consumer may terminate the distance contract and request a full refund of the amount paid (including shipping costs) plus legal interest.

2. Replacement Request: If the consumer wishes, they can request that the product be replaced with a brand-new equivalent from the stock instead of a refund.

Application Authorities:

• Consumer Arbitration Board (THH): For disputes within legal monetary limits, applications can be made to the Arbitration Board located where the seller's headquarters are located or where the consumer resides.

• Consumer Courts: In cases of lost shipments exceeding legal limits (e.g., lost high-value electronic goods), it is possible to file a lawsuit directly with the Consumer Court.

How to terminate a contract if the 30-day legal delivery period is exceeded in e-commerce?

With the rapid growth of e-commerce volume, one of the most common disputes in online shopping delayed delivery or non-delivery . Products ordered by consumers not being shipped for weeks, or disruptions in logistics processes, lead to commercial disputes.

Turkish consumer legislation specifies a clear maximum time for delivering ordered goods or services to the consumer. If this time limit is exceeded, the consumer has the right to terminate the contract and receive a refund.

1. Legal Basis: 30-Day Delivery Rule

In accordance with Article 16 of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts issued based on this Law :

• Maximum Delivery Time: The ordered goods or services must be delivered to the consumer within a maximum of 30 days from the date the consumer places their order with the seller

• Agreement of the Parties: The parties may agree on an earlier delivery time; however, this does not eliminate the 30-day legal limit or authorize the seller to unilaterally extend this period.

2. What are the consumer's rights if the 30-day period is exceeded?

If the goods are not delivered within the 30-day legal period from the order date, or if delivery is delayed by the shipping company, the consumer has the following rights under the Regulation on Distance Contracts:

1. Contract Termination (Cancellation and Refund): The consumer may terminate the contract unilaterally without paying any penalty.
2. Replacement of the Product: If a product is delivered without a delivery restriction, the customer may request its replacement with a similar or equivalent product.
3. Delaying Delivery: You can request that the delay be resolved and the product be delivered at a later date.

3. How to Terminate the Contract and What is the Refund Process?

The legal steps a consumer must follow to terminate a contract due to the expiration of the 30-day legal period are as follows:

a) Issuance of Termination Notice

The termination of the contract must be notified to the seller in writing or via a durable data storage medium (email, registered email, formal requests made through the membership panel on the e-commerce site, or registered mail/notary). Written notifications always take precedence in terms of burden of proof.

b) Obligation to Refund the Price

According to the Regulation on Distance Contracts, from the moment the consumer notifies the seller that they are terminating the contract:

• The seller is obligated to refund the consumer the price of the goods and all payments received, including any delivery costs, in a single payment plus legal interest, within a maximum of 14 days from the date they receive the termination notice

• It is a legal requirement that the refund process be carried out free of charge and in accordance with the payment method used by the consumer.

4. Legal Remedies in Cases Where No Solution Can Be Reached

If the seller fails to ship the product even after the legal 30-day period has expired, and fails to issue a refund within 14 days of receiving notice of termination, the following legal avenues can be pursued:

• Consumer Arbitration Board (THH): Within the monetary limits determined for the relevant calendar year, applications can be made via e-Government to the Consumer Arbitration Board located in the consumer's place of residence or where the transaction took place.
• Consumer Courts: For high-value purchases exceeding monetary limits, it is possible to file a debt collection lawsuit directly in the Consumer Court.

Legal and Criminal Liability of E-Commerce Sellers When Shipments Are Lost

In the e-commerce ecosystem, the legal relationship established by placing an order online constitutes a distance sales contract between the consumer and the seller. Problems during the logistics and shipping phases, which are among the most critical stages of the sales process, frequently lead to disputes between consumers and sellers. In particular, the limits of the seller's legal responsibility are questioned when the ordered product is completely lost by the shipping company.

A common misconception among sellers is that their responsibility ends once they hand the product over to the shipping company. However, according to Turkish consumer legislation and principles of contract law, the primary party responsible for shipping losses is the seller.

1. The Basis of the Seller's Legal Responsibility: Transfer of Risk

According to the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, the basic obligations of e-commerce sellers are as follows:

• Physical Delivery Obligation: The seller is obligated to physically deliver the goods to the consumer or to a third party designated by the consumer other than the carrier . The shipping company acts as the seller's accomplice (carrier) in fulfilling the obligation.

• Risk Rule: The seller is solely responsible for all risks of loss, damage, and theft that may occur until the goods are delivered to the consumer. Even if the shipping company loses the package, this does not relieve the seller of their legal delivery obligations to the consumer.

2. Seller's Legal Liabilities When Shipment is Lost

If the shipping company loses the product during transport and fails to deliver it to the buyer, the legal consequences the seller will face are as follows:

a) Refund or Resend Option

The consumer has the right to terminate the contract if the shipment is found to be lost or if the 30-day legal delivery period is exceeded. In this case, the seller:

• The seller is obligated to send a replacement (an identical item) from their stock free of charge, upon the customer's request.

• Alternatively, the company is obligated to refund the consumer the order amount and all expenses incurred, including any shipping costs, in a single payment plus legal interest, within a maximum of 14 days from the date it receives the termination notice

b) Recourse Relationship with the Shipping Company (Seller's Internal Matter)

Sellers often use the defense, "I will not issue a refund to the consumer unless the shipping company pays compensation." However, legally, the right of recourse rests entirely between the seller and the shipping company. After fulfilling their responsibility to the consumer, the seller can file a claim for monetary compensation or recourse against the shipping company, based on the provisions of the Turkish Commercial Code (TTK). The consumer is not a party to this commercial process and cannot be victimized.

3. Does the seller have any criminal liability?

In our legal system, breaches of contract and non-payment of debts generally legal liability (compensation, receivables, reimbursement); however, there are no direct criminal sanctions such as imprisonment in cases like lost cargo.

However, there are exceptional circumstances in which the seller may face criminal and administrative consequences:

• Administrative Fines: During inspections by the Ministry of Trade, e-commerce sites that violate distance contract terms, fail to comply with delivery deadlines, or do not fulfill legitimate return requests within legal timeframes may be subject to significant administrative fines imposed by the Advertising Board.

• Allegations of Qualified Fraud (Malicious Sellers): Legal entities or individuals who intentionally defraud consumers by falsely claiming orders have been shipped when they have never been, or by consistently losing products, may be reported for fraud under Articles 157 and subsequent articles of the Turkish Penal Code (TCK).

Hidden Defect or Shipping Damage? Damages Discovered Days After Delivery

One of the most frequently encountered and legally confusing situations for consumers in e-commerce shopping is defects discovered days after delivery. Even though the package appears perfectly intact upon delivery and no official report is filed, the fact that damage or defects only become apparent after the package is opened or the product is used leads to confusion between the concepts of "shipping damage" and "hidden defect."

Distinguishing between these two legal situations within the framework of the Consumer Protection Law No. 6502 and the Turkish Code of Obligations is of critical importance in terms of the burden of proof and the rights to be invoked.

1. Key Differences Between Shipping Damage and Hidden Defects

In order to properly establish the legal basis for resolving the dispute, it is first necessary to examine the nature of these two concepts:

• Shipping Damage: This refers to physical damage to the product during transport due to negligence by the shipping personnel, crushing or dropping of the packaging, or improper handling during transport. As a rule, this is indicated on the outer packaging and is expected to be checked and documented upon delivery.

• Hidden Defects: These are defects that cannot be immediately detected during a standard external inspection at the time of delivery, but become apparent when the product is first used, assembled, or over time. Manufacturing defects, production errors, or products that have sustained internal damage but are not visible from the outside in the packaging can be considered within this scope.

2. Legal Nature of Damages Appearing Days After Delivery

If a consumer receives a package in perfect condition but finds the product broken or non-functional upon opening it for the first time days later, this situation defective goods (hidden defect) .

• Burden of Proof and Presumption: A consumer claiming that the goods are defective is obligated to notify the seller within the statutory time limits. While sellers often "the consumer dropped it themselves, the shipping was handled" in cases of defects that appear days after delivery, the provisions regarding defective goods apply if the packaging is intact and the defect is inherent/hidden.
• Notification Period: According to Law No. 6502, the consumer is expected to notify the seller as soon as they become aware of the defect in the goods. In cases of hidden defects, the statute of limitations applies (generally a 2-year statute of limitations from the date of delivery; however, if the defect is classified as hidden and the seller concealed the defective goods through custodial means or gross negligence, the statute of limitations does not apply).

3. What are the Consumer's Optional Rights?

In cases where a hidden defect or hidden damage caused by the shipping is discovered days after delivery, the consumer may exercise one of the following optional rights pursuant to Article 11 of Law No. 6502:

1. Termination of Contract (Refund): The customer may request a full refund of the amount paid, including interest.
2. Free Repair: You can request free repair of the product for manufacturing defects or hidden damage.
3. Replacement with an Equivalent: You can request that the product be replaced with a flawless, brand-new one.
4. Price Reduction: You may request a discount on the sale price proportional to the defect.

4. Legal Remedies and the Importance of Proof

In such disputes, the legal avenues to be followed in case of disagreement between the parties are as follows:

• Evidence Collection and Notification: The time between receiving the product and discovering the defect should be kept short, and the seller should be notified immediately in writing. Photographs and videos showing all details of the product and packaging should be preserved.

• Consumer Arbitration Board and Courts: If the seller refuses to accept responsibility, legal recourse can be sought through the Consumer Arbitration Board or Consumer Courts, depending on the amount of the dispute.

Loss or Damage to Package During Online Shopping Return Process

The right of withdrawal , one of the most fundamental consumer rights in the e-commerce ecosystem , guarantees the return of ordered products if they are disliked, defective, or do not meet expectations. However, in this stage where the shopping process is reversed, the loss or damage of the product shipped back by the consumer for return can lead to serious legal disputes between the parties.

In accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, determining who is responsible for the risk and the limits of liability in case of loss or damage to a return shipment is of great importance.

1. Who Bears the Risk During the Return Process? (Legal Regulation)

While the risk during the delivery of the purchased product to the consumer generally belongs to the seller, the legal situation regarding the consumer's right to withdraw from the contract and return the product to the seller is often confused with this.

• Article 15/4 of the Regulation on Distance Contracts: In accordance with the relevant legislation, the consumer must return the goods to the seller or the seller's authorized representative within 10 days from the date of notification of their intention to exercise their right of withdrawal

• Using a Contracted Shipping Company: When the consumer uses the contracted shipping company specified by the seller in the pre-information form or directed on the website for return shipment, the risks and responsibilities during transportation cannot be attributed to the consumer. If the consumer properly delivers the product and receives the shipping code, the risk of the shipping company losing the product or the product being damaged during transport belongs to the seller .

2. The Parties' Responsibilities in Case of Loss or Damage to the Cargo

If the return shipment is lost in transit or arrives broken/damaged to the seller, the legal consequences will be as follows:

a) The consumer must send the goods properly

The consumer is considered to have fulfilled their legal obligation if they have delivered the product, along with its original packaging and invoice, to the shipping company specified by the seller and have received the shipping/tracking slip. The consumer cannot be held responsible for return shipments lost or damaged during delivery due to an error by the shipping company. The seller is obligated to issue a refund under the right of withdrawal.

b) Seller's Right of Refund and Recourse

The seller is obligated to refund the consumer even if the return shipment is lost. The seller may then file a claim for monetary damages or recourse against the shipping company with which they entered into a transportation contract, based on the provisions of the Turkish Commercial Code (TTK). The consumer cannot be harmed as they are not a party to this commercial dispute.

c) Exception if the consumer uses another company of their own choosing

If the seller has specified a particular return shipping company in the pre-information form and undertaken to cover the costs, but the consumer chooses a different shipping company and the shipment is lost, disputes may arise regarding liability. Therefore, always using the seller's designated and contracted shipping company is critically important for proof and security.

3. Consumer Rights and Important Considerations

To avoid any inconvenience or loss of rights during the return process, the following points should be considered:

1. Keeping the Shipping Tracking Slip: The shipping tracking slip/barcode received when returning a product must be kept until the product reaches the seller. This slip is legal proof that the product was shipped.

2. Documentation for Damaged Returns: If a consumer returns a defective product or the shipping company damages the return package during transport, documenting this will expedite the process.

3. Refund Period: The seller is obligated to refund the full amount paid to the consumer in a single payment within a maximum of 14 days from the date of receipt of the cancellation notice and the returned goods

Shipping Insurance and Legal Indemnification Limits for Valuable E-Commerce Shipments

With the evolution of the e-commerce market towards luxury consumer goods, high-value electronics, jewelry, and works of art, risk management in logistics processes has gained a critical legal dimension. Loss, theft, or damage to high-value products during shipping leads to significant financial disputes for both e-commerce sellers (e-exporters and domestic sellers) and buyers.

the Turkish Commercial Code (TTK), Transportation Law, and Consumer Legislation, insurance mechanisms and legal compensation limits for valuable cargo shipments are fundamental elements that determine the rights of the parties.

1. Legal Limits of Compensation and Loan Liability in Transportation Law

In classic transportation contracts, the responsibilities of cargo and logistics companies are subject to certain limitations by law.

• Limited Liability of Shipping Companies: According to the provisions of the Turkish Commercial Code regarding transportation services, shipping companies are not obligated to compensate for every shipment they transport at its actual market value. In standard shipping contracts, the legal compensation ceilings (limits) paid by companies per kilogram or per shipment are quite low if the contents of the shipment are not declared.

• Risk with High-Value Items: For example, if an electronic device or jewelry worth hundreds of thousands of liras is shipped in a standard shipping bag without declaring its value and subsequently lost, the shipping company will only attempt to pay up to the legal minimum/maximum liability limits. This creates a significant commercial deficit for sellers.

2. Cargo Insurance (Freight Transport Insurance) and its Legal Significance

For e-commerce companies shipping high-value goods, the most important legal and financial safeguard to avoid this risk is cargo (commodity) insurance.

• Declaration of Value and Insurance Policies: When shipping a high-value product, an e-commerce seller must declare the product's true market value to the shipping company in writing and secure the shipment by paying additional insurance premiums.

• Insurance Subrogation in Case of Damage or Loss: In the event of loss or damage to insured shipments, the insurance company first pays compensation to the affected consumer or seller. Then, based on the principle of subrogation, the insurance company gains the right to file a subrogation claim against the negligent shipping company. This mechanism ensures the preservation of economic balance between the parties.

3. The Intersection of Consumer Law and Transportation Law

If a valuable product is lost or damaged during shipping, the legal relationship between the consumer and the seller remains unchanged

• The Consumer's Legal Relationship Lies with the Seller: According to Law No. 6502, the consumer's legal relationship is directly with the e-commerce seller, not the shipping company. Shipping insurance or the legal compensation limits applied by the shipping company do not negate the consumer's rights (refund or exchange).

• Seller's Internal Problem: The seller cannot evade liability to the consumer due to low compensation limits applied by the shipping company or insurance disputes. The seller is obligated to refund the consumer; they must resolve any insurance or compensation disputes with the shipping company within their internal business relationship.

 

Guide to Applying to the Consumer Arbitration Board (THH) for Cargo-Related Issues and its Scope of Responsibility

In e-commerce transactions, when a settlement cannot be reached with sellers regarding shipping damage, lost products, late deliveries, or difficulties in the return process, Consumer Arbitration Boards (THH) are among the most effective legal avenues to pursue. Offering a much faster and more cost-effective solution than courts, Consumer Arbitration Boards play a critical role in resolving e-commerce disputes.

Within the framework of the provisions of Law No. 6502 on Consumer Protection, the application process to the Consumer Rights Arbitration Board (THH) regarding cargo and delivery problems, its scope of duties, and the points to be considered are of great importance.

1. Which cargo disputes fall within the jurisdiction of the Consumer Arbitration Board?

The main situations in which consumers can apply to the Arbitration Board regarding disputes arising from cargo and delivery are as follows:

• Shipping Damage and Defective Goods: The seller's refusal to refund or exchange products that are crushed, broken, or damaged during shipping.

• Lost and Undelivered Items: Orders lost by the shipping company or not delivered at all within the legal 30-day period.

• Delay and Termination Disputes: Refunds not made within the 14-day legal period, despite the contract being terminated due to exceeding the legal delivery deadline.

• Return Shipping Costs and Issues: Unfair charges for return shipments properly sent under the right of withdrawal, or the seller's refusal to refund the fee even if the return shipment is lost in transit.

 

2. Monetary Limits and Competent Consumer Arbitration Board

To be eligible to apply to Consumer Arbitration Boards, the monetary limits set for the relevant calendar year must be taken into consideration. The dispute amount is the total price stated on the invoice for the purchased product.

• Authorized Authority (Which Authority Should You Apply To?): Consumers can submit their application located in their place of residence , or they can apply via e-Government to the Consumer Arbitration Board located in the place where the transaction took place (where the e-commerce site's headquarters or the seller's location).

3. Evidence and Documents Required During the THH Application Process

For a favorable decision before the Consumer Arbitration Board, the burden of proof and the support of the case with solid evidence are of vital importance. The following documents must be included in the application file:

1. Invoice or E-Archive Invoice: An official document showing the price of the product and seller information.

2. Order and Shipping Tracking Screens: Screenshots showing whether the product was delivered, if it was delayed, or the status of the shipment.

3. Damage Assessment Report or Written Notifications: If there is cargo damage, a report; in cases of hidden defects or loss, email/written notification texts sent to the seller.

4. Return Shipping Receipt: A barcode/tracking slip that proves the shipment was dispatched during the return process.

Risk Management and Legal Protection Methods in Shipping Processes for E-Commerce Companies

In the e-commerce ecosystem, successful order completion depends on the safe and timely delivery of the product to the consumer. However, logistics processes pose significant financial and legal risks for e-commerce businesses due to issues such as shipping damage, lost products, late deliveries, and disputes in return processes.

According to Turkish consumer legislation and transportation law, the primary party responsible to the consumer is always the seller. Therefore, it is vital for e-commerce companies to implement proactive risk management in their shipping processes and to be aware of legal protection mechanisms.

1. Key Logistic Risks Faced by Sellers

E-commerce websites and sellers frequently face the following legal disputes during the shipping process:

• Shipping Damage and Undocumented Deliveries: Difficulties proving damage when a consumer receives a damaged package without a delivery receipt, and the product subsequently arrives broken.

• Shipping Losses: In cases where a shipment is lost or stolen due to an error by the logistics company, the consumer can request a refund directly from the seller.

• 30-Day Statutory Exceeding: This refers to exceeding the legal delivery time due to operational delays at the shipping company, and the consumer terminating the contract by exercising their right of withdrawal.

• Return Shipping Disputes: The question of who is responsible if a product returned by the consumer is lost or damaged in transit.

2. Legal Protection and Risk Management Methods for E-Commerce Companies

To prevent businesses from suffering losses in cargo-related disputes and from losing their rights before Consumer Arbitration Boards, the following legal and administrative measures can be taken:

a) Thorough Review of Contracts Made with Shipping Companies

Transportation contracts signed between e-commerce companies and their logistics partners must undergo legal scrutiny. These contracts should clearly define the liability limits (compensation limits) of the shipping company in case of cargo loss or damage, as well as insurance terms and recourse conditions.

b) Use of Insurance (Cargo Transportation Insurance) for Valuable Shipments

Companies selling high-value electronics, jewelry, or luxury goods value-added insurance services or additional cargo transportation insurance instead of standard cargo transportation. This ensures that significant damages incurred during transit are compensated through the insurance policy.

c) Clear Preliminary Information Forms and Delivery Terms

According to the Regulation on Distance Selling Contracts, pre-information forms must clearly state shipping processes, delivery times, return shipping procedures, and which shipping company is used. The consumer's approval of these terms strengthens the seller's legal position in future disputes.

d) Evidence Security and Digital Record Keeping

A digital archive should be created for the entire process from shipment to delivery to the consumer (barcode numbers, tracking screen printouts, shipment photos). During return processes, consumers should be encouraged to use the seller's contracted shipping company to prevent unnecessary liabilities.

3. Exercise of the Right of Recourse Against Shipping Companies

The seller is legally responsible to the consumer; the seller is obligated to refund the consumer even if the shipment is lost or damaged. However, this does not mean the seller should bear the cost of the damage

• After satisfying the consumer's legitimate claim, the seller their right to file a recourse (compensation) lawsuit against the shipping company .

• For these processes to be carried out without errors, it is essential that cargo records are kept on time and that the notification periods in the transportation contract are adhered to.