Legal AlertNewsThe Decision of the 3rd Civil Chamber of the Court of Appeals regarding the Service Provider not being Liable with regard to Defective Products in E-commerce was Published in the Official Gazette dated 25.01.2022

Following the acceptance of the consumer’s request by the consumer arbitration committee, Çiçeksepeti requested the annulment of the consumer arbitration committee’s decision. The court dismissed the case on the basis that the decision of the consumer arbitration committee is in line with the law. However, the Ministry of Justice applied to the Court of Cassation, in accordance with the Law of Civil Procedure, to appeal the decision of the court, requesting that the relevant decision be reversed for the favour of law. 

In the evaluation of the 3rd Civil Chamber of the Court of Cassation within the scope of the relevant legislation, the Court has determined that:

• The Company which enables electronic commerce via the internet is an intermediary service provider, 
• According to the preliminary information form of distance sales agreement, ‘’Duman Pastanesi’’ is the seller, therefore, the intermediary service provider is not obliged to supervise the content provided by the persons using the electronic medium and to investigate whether there are unlawful activities related to the products or services which are subject to this content,
• In accordance with the Law on the Regulation of Electronic Commerce and Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, as intermediary service provider, Çiçeksepeti is not liable with regard to the defective products.

In light of its evaluations, 3rd Civil Chamber of the Court of Appeals decided to accept the Ministry of Justice’s appeal request for the favour of law and to reverse the decision for the favour of law, without having any effect on the consequences.

You may reach the full Turkish version of the decision via the link below

https://www.resmigazete.gov.tr/eskiler/2022/01/20220125-8.pdf