Major Consumer Rights in Online Shopping and Application Ways
With the sociological, economic and technological advances of our age, we can make purchases by establishing a contract within minutes, sometimes seconds, behind the screen of internet and mobile applications. In the face of this convenience provided by the Internet, the fact that the consumer does not have the opportunity to see or try the product-service and purchases it without researching many situations about the product-service brings some problems. Likewise, the limited information given by the seller about the product-service is one of these problems. Therefore, we are faced with a new consumer victimization day by day. In order to prevent and eliminate these grievances, a number of rights have been granted to the consumer in the “Law on Consumer Protection” and “Distance Contracts Regulation” numbered 6502.
Preliminary Information Form and Online (Distanced) Sales Contract
In accordance with the 5th and following articles of the Regulation, the consumer has the right to be informed about the content of the product while shopping on the website, to view and read the preliminary information form and the distance sales contract. These contracts must be found on internet shopping sites. The burden of proof regarding the preliminary notification belongs to the seller or the supplier. The consumer must read the preliminary information form and the online (distanced) sales contract before completing the shopping in order to know what rights and obligations he/her has.
Right of Withdrawal
One of the most important rights that consumers who shop online have under the online (distanced) sales contract is undoubtedly the right of withdrawal. In addition, sellers are obliged to prove that the consumer has been informed about the right of withdrawal. According to Article 9 of the Regulation, the consumer has the right to withdraw from the contract within fourteen days without any justification and without penal clause. This 14-day period begins after the product reaches the user’s hand. As per the law, it is sufficient that the notification stating that the right of withdrawal has been exercised is directed to the seller or the supplier within the period.
The consumer can only use the purchased product to the extent required by a regular review in order to exercise his right of withdrawal. Otherwise, the consumer cannot use his right of withdrawal. After the use of the right of withdrawal, the consumer and the seller have obligations.
The seller returns the entire sales price, including cargo, to the consumer within 14 days; After using the right of withdrawal, the consumer must send the purchased product to the seller within 10 days. The situations in which the consumer cannot use the right of withdrawal are listed in Article 15 of the Regulation as follows:
⦁ Personal products or customized products
Hygienically sensitive items such as swimwear, underwear or cosmetics
⦁ Products that can be duplicated such as DVD and CD
Printed products such as books and magazines, software programs
⦁ Products with an expiration date and risk of rapid deterioration
⦁ Jewelery
⦁ Flight tickets, tour and hotel services
Defective Products – Services
Defective products are products that are in violation of the contract because they do not conform to the contractually agreed sample or model or do not have the features they should have at the time of delivery to the consumer.
Defective products are divided into two as open defective and hidden defective products. Broken phone or torn shoe puts this product in the open defective product category.
If there is an obvious defect in the purchased product, the consumer can benefit from the rights such as returning this product within 30 days, replacing the product with a new one, repairing it, and deducting it at the rate of defect. Again, the consumer is obliged to report the defect to the seller within the same period. The hidden defect can be expressed as the defects in the product that the consumer will not notice at first glance and that occurs over time with the use of the product. In such cases, the product has the right to return the product for 2 years from the date of purchase. However, there is also an obligation to notify the seller within the same period. The consumer is deemed to have accepted the products that he did not notify within this period, together with the defect.
Application to the Consumer Arbitration Committee
The consumer may not get any favorable results from the negotiations he/she made with the seller at the request of his/her rights mentioned above. In this case, it can apply to the Arbitration Committee for Consumer Problems within the District Governorships or Governorates, depending on the application amount. The consumer is required to submit the documents in his/her hand regarding the shopping he/she has made during the application. The consumer and the seller can appeal against the decisions of the consumer arbitration committee within 15 days from the date of notification to the consumer court where the consumer arbitration committee is located. The decision of the consumer court upon the objection made against the decisions of the consumer arbitration committee is final, it is not possible to appeal again.
Pecuniary Application Limits to the Consumer Arbitration Committee
The consumer arbitration committee applied will vary according to the amount of the product or service.
These amounts are rearranged every year and published in the official gazette. From January 1, 2020: upper limit for district consumer arbitration committees, 6.920 TL monetary limit for provincial consumer arbitration committees in metropolitan status, 6.920 TL to 10.390 TL, upper limit for provincial consumer arbitration committees in non-metropolitan provinces, 10.390 TL The monetary limit for the provincial consumer arbitration committees in the districts of non-metropolitan provinces has been determined as 6.920 TL to 10.390 TL.
Applications outside these limits should be sued directly to the Consumer Court.
