CONSUMER PRODUCTS AND E-COMMERCE

Selling to Turkish Consumers: Consumer Law, ETBİS and After-Sales Obligations

The number of foreign brands selling to Turkish consumers through their own online shops or marketplaces has risen markedly in recent years. Many of these brands know that Turkish consumer law is modelled on EU legislation and assume that their standard terms will also suffice in Türkiye. Although the principles are similar, Turkish law has its own information, after-sales and advertising rules, and breaches may lead to administrative fines.

Experience shows that most problems in this area arise not from a single major dispute but from small, recurring shortcomings. The following sets out the key points companies selling to Turkish consumers should observe.

Application of Turkish consumer law

The choice of a foreign law cannot deprive a consumer habitually resident in Türkiye of the protection afforded by the mandatory provisions of Turkish law. Where the seller directs its activities at Turkish consumers, for example by operating a Turkish-language website, displaying prices in Turkish lira or delivering to Türkiye, Turkish consumer legislation is very likely to apply in relation to the consumer; the choice of law and the application of mandatory consumer protection rules are separate questions.

Pre-contractual information and right of withdrawal

In distance sales, the consumer must be informed before the contract is concluded, in Turkish and on a durable medium, of the seller's identity, the main characteristics of the goods, the total price, delivery and the right of withdrawal. The consumer may also, subject to the statutory exceptions, withdraw from the contract without giving reasons within 14 days of receiving the goods. The 14-day period within which the seller must refund the price runs from the date on which the goods were handed over for return to the carrier named in the pre-contractual information or, where another carrier was used, from the date on which the goods reached the seller. Where the goods have not yet been delivered, the refund period runs from the date on which the notice of withdrawal reached the seller. It should also be noted that the withdrawal period may be extended where the pre-contractual information is incomplete; in practice, foreign shops are frequently seen to translate their German or English terms word for word and omit some of the details required by Turkish law.

Defective goods and after-sales services

Where defective goods are delivered, the consumer may choose between withdrawing from the contract, a price reduction, free repair and replacement with defect-free goods. If repair is not completed within the statutory maximum period, or if the same defect recurs, the consumer becomes entitled to demand replacement or a refund. For products requiring a warranty certificate, a Turkish-language warranty certificate, user manual and authorised service network are also required.

For foreign brands, the key question is who will perform these obligations in Türkiye. Since Turkish consumer law holds the seller, the manufacturer and the importer jointly liable for certain claims, the obligations assumed by the Turkish distributor or importer, and their cost, should be expressly regulated in the contract between the brand and the distributor. Without such provisions, after-sales disputes quickly spill over into the commercial relationship between the parties.

ETBİS and e-commerce legislation

Service providers conducting e-commerce in Türkiye through their own website and intermediary service providers such as marketplaces must register with the Electronic Commerce Information System (ETBİS); for businesses selling exclusively through marketplaces, the registration obligation is assessed differently. Amendments in recent years have imposed additional obligations on marketplaces and on e-commerce companies above a certain size, and marketplaces now require businesses selling on their platforms to have a Turkish tax identification number and the ability to issue invoices.

Under what conditions a seller established abroad that sells directly through its own website without setting up a company in Türkiye must register with ETBİS, however, depends on how the sale is structured and raises questions in practice. Whether to set up a company in Türkiye, whether to work with a distributor or directly, and which sales channels to use should therefore be assessed together with the registration and tax obligations.

Prices, discounts and advertising

Turkish legislation pays particular attention to price and discount announcements. Since 1 August 2026, advertisements for price reductions on goods must, as a rule, use as the previous price the lowest price applied in the ten days before the start of the reduction; discounts conditional on a certain purchase value are also subject to these rules. Selective publication of customer reviews, misleading campaign periods and additional charges that are not clearly stated are also among the common reasons for administrative fines. It should be borne in mind that such fines can also be imposed on foreign-based brands through their sales channel in Türkiye.

Personal data

The processing of Turkish consumers' personal data is subject to the Turkish Personal Data Protection Law (KVKK). Data controllers established abroad must assess whether they are required to appoint a representative in Türkiye and register with the data controllers' registry, taking into account any applicable exemptions. Transferring customer data to servers or group companies abroad requires a separate legal basis. Standard contractual clauses are only one such basis, and where they are used the signed contract must be notified to the Data Protection Authority within a short period. Using data protection documents prepared for the EU without adapting them to Turkish law is the most common shortcoming in this area.

Conclusion

Selling to Turkish consumers cannot be handled by simply copying the European sales model. Adapting pre-contractual information and contract documents to Turkish law, clearly allocating after-sales obligations between the brand and its Turkish partner, and considering ETBİS and data protection obligations when choosing the sales channel significantly reduce the risk of administrative sanctions and consumer disputes. Questions of incorporation and taxation are dealt with separately on the pages of the relevant practice areas.