law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in e-commerce sector

for companies :

for persons :

E-commerce Sector is a sector that develops fast yet bringing serious reliability issues for the consumers, and it continues to grow by renewing itself every day in order to overcome such issues. In the e-commerce sector the number of open doors which are likely to be exploited both by companies and consumers is very high. Therefore, it is a sector where problems resulting in suffer for companies or consumers occur often and so which is required to have much more and more strict rules. However, we are still not able to tell that the electronic commerce has sufficient number of rules in our country although the sector becomes more popular every day. Existing rules are limited to individual practices established within companies due to the transactions accepted in the consumer law and competition.

 

tokbaş & partners provides consumer law service to e-commerce websites and other companies and persons engaged in the e-commerce sector thanks to its command of consumer law in the e-commerce sector. These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely  “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in e-commerce sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft e-commerce agreements subject to the field of Consumer Law as per the legislation and practices

4.       Establish a legal infrastructure for the e-commerce website

5.       Draft e-commerce sector documentation used in consumer transactions as per the legislation and practices

6.       Provide opinions and create legal reports on new e-commerce sector practices

7.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

8.      Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

9.      Due diligence

10.    Legislation review and weekly legislation report on the e-commerce sector

11.     Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to e-commerce sector

 

Process Consultancy Services:

 

1.        Monitor e-commerce agreements and express opinions on contractual discrepancies

2.       Monitor e-commerce sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Provide mediation-reconciliation services between the company and consumers

8.       Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.     Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.     Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from distance contracts

2.       Follow-up of lawsuits arising from defective product or service

3.       Follow-up lawsuits arising from the use of the right of withdrawal

4.       Lawsuits for monetary and spiritual damages arising from defective goods

5.       Follow-up of debts and receivables to and from e-commerce companies

6.       Claims for damages arising from acts in breach of competition law in the e-commerce sector

7.       Claims for damages arising from manipulative ads and unfair commercial practices in the e-commerce sector