Mediation in E-Commerce and Digital Consumer Disputes in Turkey

Introduction

Mediation in e-commerce and digital consumer disputes in Turkey provides consumers, online sellers, service providers, electronic marketplace operators and payment-related businesses with an opportunity to resolve disputes arising from online transactions without relying exclusively on lengthy court proceedings.

The rapid growth of electronic commerce has changed the way consumers purchase goods, subscribe to services, access digital content and communicate with businesses. A transaction may be completed within seconds through a website, mobile application, online marketplace, social-media account or digital subscription platform. However, when a problem arises, identifying the responsible party and selecting the correct legal remedy may be considerably more complicated.

Common e-commerce and digital consumer disputes in Turkey include:

• Non-delivery of online purchases;
• Delivery of defective, damaged or counterfeit goods;
• Failure to refund the purchase price;
• Rejection of the consumer’s right of withdrawal;
• Unauthorised cancellation of an order;
• Misleading product descriptions;
• Hidden subscription charges;
• Automatic renewal disputes;
• Digital content that does not function as advertised;
• Marketplace responsibility;
• Unauthorised card or payment transactions;
• Failure to provide warranty or repair services;
• Misleading online reviews;
• Non-performance of online education, travel or entertainment services;
• Disputes involving personal data and account access.

Turkish consumer law provides several possible remedies depending on the value and nature of the dispute. A consumer may be required to apply to a Consumer Arbitration Committee, complete mandatory mediation before filing a consumer court action or use another specialised procedure.

As of 2026, disputes valued below TRY 186,000 fall within the compulsory jurisdiction of provincial or district Consumer Arbitration Committees. Disputes above that threshold may proceed to the consumer court, generally after completing mandatory mediation where no statutory exception applies.

Mediation is governed principally by Law No. 6325 on Mediation in Civil Disputes. Consumer court disputes are generally subject to pre-litigation mediation under Article 73/A of Law No. 6502 on Consumer Protection, subject to statutory exceptions. Applications are submitted to courthouse mediation offices or, where no separate office exists, to the designated court registry.

This article explains mediation in e-commerce and digital consumer disputes in Turkey, including online sales, distance contracts, withdrawal rights, defective goods, defective digital services, online marketplaces, subscriptions, refunds, payment disputes, evidence, Consumer Arbitration Committees and enforceable settlement agreements.

What Is an E-Commerce Consumer Dispute?

An e-commerce consumer dispute arises from a transaction in which a consumer obtains goods or services from a commercial or professional seller or service provider through an electronic or remote communication system.

The transaction may take place through:

• An online shopping website;
• A mobile application;
• An electronic marketplace;
• A social-media store;
• An online travel platform;
• A digital subscription service;
• A software or gaming platform;
• An online education provider;
• A food-delivery application;
• A digital entertainment service.

Under Turkish consumer law, a distance contract is generally a contract concluded between a seller or provider and a consumer without their simultaneous physical presence, through an organised distance-sales system and by using remote communication tools up to and including the moment the contract is formed.

The consumer does not lose statutory rights merely because the purchase was made online. In fact, distance-selling rules create additional information, withdrawal, refund and platform-related obligations designed to protect consumers who cannot physically inspect the goods or meet the seller before contracting.

Parties to an Online Consumer Transaction

An online transaction may involve more than one legally relevant party.

Potential participants include:

• The consumer;
• The seller;
• The service provider;
• The manufacturer;
• The importer;
• The electronic marketplace;
• The intermediary service provider;
• The cargo company;
• The payment-service provider;
• The bank;
• An authorised service centre;
• A digital content producer.

The name displayed on the website may not be the legal seller.

For example, an online marketplace may operate the platform, while an independent merchant supplies and invoices the product. In other transactions, the platform may itself be the seller.

Before beginning mediation or another legal procedure, the consumer should identify:

• The entity named on the invoice;
• The entity receiving payment;
• The seller shown in the order confirmation;
• The marketplace operator;
• The manufacturer or importer;
• The party that rejected the complaint.

Incorrectly directing the claim only against the platform or only against the seller may delay resolution where responsibility is shared or factually disputed.

Legal Framework for Digital Consumer Transactions

The principal legal sources governing e-commerce consumer disputes include:

• Law No. 6502 on Consumer Protection;
• The Distance Contracts Regulation;
• Law No. 6563 on the Regulation of Electronic Commerce;
• The Turkish Code of Obligations;
• Rules concerning defective goods and services;
• Subscription-contract legislation;
• Personal data legislation;
• Payment-services and banking rules;
• Law No. 6325 on Mediation in Civil Disputes.

The applicable rules depend on the transaction.

An online purchase of a physical product is treated differently from:

• A downloadable software licence;
• A streaming subscription;
• A hotel booking;
• A flight ticket;
• A personalised product;
• An online course;
• A financial service.

The legal analysis should therefore begin with the product, service, seller, consumer status and requested remedy.

Is Mediation Mandatory in E-Commerce Consumer Disputes?

Mediation is not the first compulsory step in every online consumer dispute.

The value of the claim is particularly important.

Disputes Below TRY 186,000 in 2026

For 2026, disputes valued below TRY 186,000 must be submitted to a provincial or district Consumer Arbitration Committee. These committees are designed to resolve qualifying consumer disputes without requiring an ordinary consumer court action.

In such cases, filing a mandatory mediation application instead of applying to the Consumer Arbitration Committee may not satisfy the correct procedural route.

Disputes at or Above the Applicable Threshold

Where the dispute falls outside the Consumer Arbitration Committee’s monetary jurisdiction and must be heard by a consumer court, applying to mediation is generally a condition of action before filing the lawsuit, unless a statutory exception applies.

The claimant should therefore determine:

1. The total monetary value of the dispute;
2. Whether the claim falls within Consumer Arbitration Committee jurisdiction;
3. Whether a consumer court action is required;
4. Whether mandatory mediation applies;
5. Whether urgent interim protection is needed.

Voluntary Mediation

Even where a Consumer Arbitration Committee has jurisdiction, the consumer and business may voluntarily negotiate or use mediation.

However, voluntary discussions should not cause the consumer to miss application, limitation or procedural periods.

Why Mediation Is Useful in E-Commerce Disputes

Digital disputes may appear simple because the amounts are sometimes modest. In practice, they can involve several connected issues.

For example, a consumer may seek:

• Refund of the purchase price;
• Delivery cost;
• Interest;
• Compensation for loss;
• Cancellation of instalments;
• Removal of personal data;
• Closure of an unauthorised subscription;
• Correction of account records.

The seller may argue that:

• The goods were delivered;
• The withdrawal period expired;
• The product was used;
• The product was personalised;
• The consumer caused the damage;
• The service was performed;
• The marketplace, cargo company or bank is responsible.

Mediation permits the parties to create a practical resolution without waiting for a full evidentiary process.

A settlement may include:

• Immediate refund;
• Replacement;
• Repair;
• Store credit;
• Cancellation of instalments;
• Return shipping;
• Extension of warranty;
• Termination of a subscription;
• Deletion of an online account;
• Removal of a disputed charge;
• Compensation.

Distance Contracts and Pre-Contractual Information

Before a distance contract is concluded, the consumer must be informed about essential matters such as:

• Main characteristics of the goods or service;
• Seller or provider identity;
• Total price;
• Delivery and additional costs;
• Payment and performance conditions;
• Withdrawal rights;
• Complaint procedures;
• Duration of the contract;
• Conditions for termination.

The consumer should be able to understand clearly that placing the order creates a payment obligation.

Disputes may arise where:

• The price shown at checkout differs from the final charge;
• Shipping or service fees appear only after payment;
• The seller identity is hidden;
• The subscription term is unclear;
• The withdrawal exception is not disclosed;
• The product description is incomplete or misleading.

In mediation, the parties should examine the complete digital purchasing journey, including product pages, checkout screens, confirmation emails, terms and conditions and invoice records.

The Consumer’s Right of Withdrawal

One of the most important protections in distance contracts is the right of withdrawal.

As a general rule, a consumer may withdraw from a distance contract within 14 days without giving a reason and without paying a contractual penalty.

For the sale of goods, the period generally begins upon delivery. For service contracts, it generally begins when the contract is concluded. A consumer may also exercise the right before delivery of the goods.

The right of withdrawal allows the consumer to reconsider a purchase made without physically inspecting the product.

A dispute may arise where the seller argues that:

• The notice was late;
• The goods were used;
• The packaging was opened;
• An exception applies;
• The return was sent incorrectly;
• The consumer failed to use the platform’s return system.

The consumer should preserve evidence of the withdrawal notice, including:

• Platform records;
• Email;
• Message;
• Return code;
• Cargo receipt;
• Screenshots;
• Customer-service reference numbers.

Refund After Withdrawal

Where the consumer validly exercises the right of withdrawal, the seller must generally refund the amount paid within 14 days after receiving the withdrawal notice.

The consumer is generally required to return the goods within the applicable return period following the notice. The Ministry of Trade’s consumer guidance states that the seller must refund the consumer within 14 days after receiving the withdrawal notification and that the consumer must return the goods within 10 days after giving that notification.

Refund disputes may concern:

• Failure to refund;
• Partial refund;
• Deduction of delivery costs;
• Deduction for opened packaging;
• Refund to store credit instead of money;
• Delayed cancellation of credit card instalments;
• Claim that the returned product was different or damaged.

A mediation settlement should state:

• Exact refund amount;
• Payment method;
• Date;
• Treatment of shipping costs;
• Cancellation of instalments;
• Interest after delay;
• Return status of the product.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to every digital or online transaction.

Depending on the legal conditions, exceptions may arise for:

• Goods prepared according to the consumer’s personal requirements;
• Goods that may deteriorate or expire rapidly;
• Sealed hygiene products where the seal has been opened;
• Certain digital content delivered immediately with prior consent;
• Services fully performed with the consumer’s approval before the withdrawal period expires;
• Certain accommodation, transport, vehicle rental, food or leisure services provided on a specific date;
• Newspapers and periodicals, subject to relevant rules.

A seller relying on an exception should establish that the transaction actually falls within that exception and that the consumer was informed properly.

A general clause stating that “returns are not accepted” does not automatically eliminate statutory withdrawal rights.

Defective Goods Purchased Online

A product is defective where it does not comply with the contract at the time of delivery.

Defects may include:

• Product not working;
• Missing parts;
• Physical damage;
• Different model or colour;
• Counterfeit product;
• Lower technical specifications;
• Previously used product sold as new;
• Failure to match the online description;
• Absence of promised functionality;
• Safety risk.

The seller is required to deliver goods that conform to the contract.

The consumer may have remedies including:

• Withdrawal from the contract;
• Price reduction;
• Free repair;
• Replacement with a non-defective product.

The Ministry of Trade describes defective goods and services as goods or services that do not contain the agreed or objectively required characteristics or are not performed in conformity with the contract.

The choice of remedy may depend on proportionality, possibility of performance and the facts of the transaction.

Defective Digital Services

Digital consumer disputes increasingly involve services rather than physical products.

Examples include:

• Streaming service not functioning;
• Cloud storage inaccessible;
• Software licence not activated;
• Online course materially different from the advertisement;
• Gaming content not delivered;
• Mobile application subscription continuing after cancellation;
• Digital account blocked without contractual justification;
• Paid membership features unavailable.

A defective service may exist where the service:

• Does not begin at the agreed time;
• Lacks promised characteristics;
• Is technically unusable;
• Is incomplete;
• Is interrupted repeatedly;
• Does not meet objective performance standards.

Possible remedies may include:

• Re-performance;
• Repair of the digital access problem;
• Price reduction;
• Refund;
• Termination;
• Compensation where legal conditions are satisfied.

Non-Delivery and Late Delivery

A seller must deliver goods within the agreed or legally applicable period.

Disputes may arise where:

• The order never arrives;
• The cargo is lost;
• The seller repeatedly postpones delivery;
• The product is marked as delivered but the consumer did not receive it;
• Only part of the order arrives;
• Delivery occurs after the product is no longer useful.

The seller may blame the cargo company, but the consumer’s contractual relationship may still be with the seller.

The parties should review:

• Order date;
• Promised delivery date;
• Cargo tracking;
• Delivery signature;
• Address;
• photographs;
• Call records;
• warehouse records.

A mediated settlement may provide for immediate replacement, refund or compensation for proven additional loss.

Unilateral Order Cancellation by the Seller

Online sellers sometimes cancel orders after accepting payment.

Reasons may include:

• Stock shortage;
• Incorrect price;
• technical error;
• inability to deliver;
• suspected fraud;
• campaign limitations.

A seller cannot automatically cancel every accepted order merely because performance has become commercially inconvenient.

The legal consequences depend on:

• Whether the contract was formed;
• Whether the displayed price involved an obvious error;
• Whether stock was actually unavailable;
• What information was provided;
• Whether the seller acted in good faith;
• Whether the consumer suffered additional loss.

Mediation may resolve the dispute through:

• Delivery at the agreed price;
• equivalent replacement;
• refund;
• discount;
• compensation.

Misleading Product Descriptions

Digital consumers rely heavily on photographs, ratings and written descriptions.

Disputes may arise where:

• The image does not match the product;
• Dimensions are incorrect;
• Technical features are exaggerated;
• Material quality is misstated;
• A product is described as original when it is counterfeit;
• Delivery time is misleading;
• Warranty claims are false;
• The advertised discount is not genuine.

The consumer should preserve screenshots because online product pages may later be changed.

A seller may not avoid responsibility merely by updating the description after the purchase.

Online Marketplace Responsibility

Electronic marketplaces play a central role in online consumer transactions.

A marketplace may provide:

• Product listings;
• payment collection;
• order management;
• communication tools;
• withdrawal systems;
• refund tracking;
• customer service;
• seller ratings.

The legal responsibility of the marketplace depends on its role and conduct in the particular transaction.

Under distance-contract rules, an intermediary service provider operating a platform must maintain a system through which consumers can submit and track notices and requests concerning matters such as withdrawal, termination and refunds. The system must remain continuously available, and notices received through it must be transmitted to the seller or provider.

A marketplace dispute may involve:

• Failure to transmit a withdrawal notice;
• Closing a complaint without resolution;
• Holding the consumer’s payment;
• misleading seller information;
• conflicting refund instructions;
• inability to identify the merchant;
• failure to maintain the required digital complaint system.

The consumer should include the marketplace in mediation where its independent conduct or statutory obligations are relevant.

Seller and Platform Liability

The seller remains the primary contractual party in many marketplace transactions.

However, the platform may also have legal responsibility where it:

• Fails to provide required pre-contractual information;
• Controls the payment and refund process;
• Makes its own commitments to the consumer;
• Fails to transmit consumer notifications;
• Conceals seller information;
• Acts as the seller;
• Engages in misleading commercial practices.

The settlement should identify separately:

• Amount payable by the seller;
• Amount payable by the platform;
• Return procedure;
• responsibility for cargo;
• cancellation of instalments;
• removal of the seller listing;
• future communication obligations.

Subscription Contracts

Digital subscriptions may concern:

• Streaming platforms;
• online newspapers;
• cloud services;
• software;
• gaming;
• fitness applications;
• internet services;
• digital education;
• dating platforms;
• premium memberships.

Common disputes include:

• Automatic renewal without clear notice;
• inability to cancel;
• cancellation requiring more difficult steps than subscription;
• continued charges after termination;
• hidden minimum commitment;
• early termination fee;
• unilateral price increase;
• account suspension without refund.

The Ministry of Trade’s current guidance states that a consumer may terminate a subscription through written or durable electronic methods such as email, internet or text message and that a provider cannot impose a more burdensome termination method than the method used to enter the contract. For example, a consumer who subscribed online cannot be forced to visit a branch or use a notary merely to terminate.

Automatic Renewal

Automatic renewal clauses should be transparent and compatible with mandatory consumer rules.

Disputes may arise where:

• The consumer was not informed;
• The renewal price was not disclosed;
• A free trial converted into a paid subscription;
• Cancellation was technically blocked;
• Renewal occurred after a cancellation request.

A mediation settlement may include:

• Refund of renewal charges;
• account cancellation;
• deletion of payment details;
• written confirmation of no further charges;
• compensation for bank or exchange-rate costs.

Online Travel and Accommodation Disputes

Digital consumer disputes may arise from:

• Hotel bookings;
• holiday packages;
• airline or bus tickets;
• vehicle rental;
• event bookings;
• travel-platform reservations.

Common issues include:

• Cancellation;
• non-refundable terms;
• overbooking;
• misleading room information;
• failure to provide the service;
• duplicate charges;
• platform and hotel responsibility;
• currency conversion;
• force majeure.

Some date-specific travel and leisure services may be subject to withdrawal-right exceptions, but contractual performance and refund obligations still require separate analysis.

The parties should identify whether the platform acted as:

• Seller;
• organiser;
• intermediary;
• payment collector;
• agent.

Online Education and Training Disputes

Online education disputes may involve:

• Course not provided;
• instructor different from the advertisement;
• recorded content sold as live training;
• certificate not issued;
• access closed prematurely;
• misleading employment promise;
• unauthorised instalment collection;
• refusal to cancel.

The provider may argue that the consumer accessed part of the course or that digital performance began with consent.

The settlement should clarify:

• Percentage of service performed;
• amount refunded;
• access termination;
• deletion of materials;
• certificate status;
• confidentiality.

Payment and Credit Card Disputes

E-commerce disputes may involve:

• Duplicate charges;
• incorrect amount;
• unauthorised transaction;
• failed refund;
• instalment mismatch;
• foreign currency difference;
• payment taken after cancellation;
• chargeback.

Possible parties may include:

• Seller;
• marketplace;
• bank;
• payment institution;
• card issuer.

Mediation may be effective where responsibility is divided or disputed.

However, technical payment evidence should be preserved, including:

• Card statement;
• payment receipt;
• 3D Secure record;
• transaction message;
• refund reference;
• platform payment confirmation;
• bank correspondence.

Counterfeit Goods

Online marketplaces may be used to sell counterfeit branded products.

A consumer may discover that the purchased item is not original.

Possible claims may concern:

• Refund;
• defective goods;
• misleading advertisement;
• warranty;
• compensation;
• platform responsibility.

Counterfeit trade may also involve intellectual property and criminal law issues.

A private mediation settlement cannot prevent public authorities or intellectual property owners from exercising their legal powers.

The consumer should preserve:

• Product;
• packaging;
• invoice;
• seller details;
• photographs;
• expert or authorised-service assessment;
• online listing.

Warranty and After-Sales Service

Online purchases remain subject to applicable warranty and after-sales obligations.

Disputes may arise where:

• Warranty document is missing;
• authorised service refuses the product;
• repair period is exceeded;
• the same defect repeats;
• spare parts are unavailable;
• seller directs the consumer only to the manufacturer;
• product is returned unrepaired.

The consumer’s statutory rights should not be reduced merely because the product was purchased online.

Mediation may provide:

• Replacement;
• immediate refund;
• free repair;
• extension of warranty;
• payment of cargo costs;
• compensation for delay.

Consumer Reviews and Ratings

Online reviews influence purchasing decisions.

Disputes may arise concerning:

• Fake positive reviews;
• manipulated ratings;
• deletion of negative reviews;
• reviews written by competitors;
• defamatory comments;
• reviews unrelated to a genuine purchase.

The Ministry of Trade has issued guidance concerning consumer reviews and the role of intermediary service providers in presenting and verifying evaluations.

Mediation may resolve disputes concerning:

• Removal or correction of a review;
• verification of purchase;
• right of reply;
• compensation;
• platform review procedures.

A business should distinguish between a genuinely negative consumer experience and unlawful defamatory or fabricated content.

Unfair Contract Terms

Online terms and conditions are frequently presented as non-negotiable standard contracts.

A clause may be unfair where it creates a significant imbalance against the consumer contrary to good faith.

Potentially problematic clauses may include:

• Unilateral price changes;
• unlimited right to suspend an account;
• refusal of all refunds;
• excessive penalties;
• exclusive foreign jurisdiction;
• permission to change the service without limit;
• broad exclusion of liability;
• automatic renewal without clear cancellation rights.

Turkish consumer guidance confirms that terms in consumer contracts cannot be changed against the consumer during the contract term merely by unilateral action of the seller, provider or creditor.

A mediation settlement should not repeat or validate an unfair term without examining its legal effect.

Personal Data and Digital Accounts

E-commerce disputes may include personal data issues such as:

• Account created without consent;
• marketing messages;
• refusal to delete an account;
• unauthorised sharing of address or payment data;
• data breach;
• continued use of customer information after cancellation.

Mediation may resolve private compensation or contractual issues, but statutory powers of the Personal Data Protection Authority and other regulators remain unaffected.

A settlement may provide for:

• account deletion;
• correction of data;
• cessation of marketing;
• confirmation of data removal;
• compensation;
• future communication restrictions.

Evidence in Digital Consumer Disputes

Electronic evidence is central to e-commerce cases.

The parties should preserve:

• Order confirmation;
• Invoice;
• product listing;
• screenshots;
• terms and conditions;
• withdrawal notice;
• customer-service messages;
• cargo records;
• payment statement;
• refund reference;
• video or photographs of unboxing;
• service-access records;
• subscription cancellation record;
• platform complaint number.

Screenshots should show:

• Date;
• website address;
• seller name;
• product description;
• price;
• delivery promise.

Where authenticity is likely to be disputed, notarial determination, expert examination or another formal evidence-preservation method may be considered.

Can Urgent Protection Be Requested During Mediation?

Mediation does not automatically prevent:

• Continued payment collection;
• deletion of electronic records;
• closure of an account;
• transfer of funds;
• continued sale of unsafe goods;
• disclosure of personal data.

A consumer or business may need to seek urgent court or administrative protection where the legal requirements are satisfied.

Mediation and interim protection are not necessarily mutually exclusive.

Preparing a Mediation Application

A well-prepared mediation application should identify:

• Consumer;
• Seller or provider;
• Marketplace;
• Order number;
• Transaction date;
• Product or service;
• Amount;
• Complaint;
• Legal remedy requested;
• Supporting evidence.

The applicant should avoid describing the dispute only as “online shopping problem.”

The application may specify:

• Refund claim;
• replacement;
• repair;
• price reduction;
• compensation;
• subscription termination;
• removal of charges;
• return costs;
• interest.

Identifying the Correct Claim Value

The value of the dispute determines whether the Consumer Arbitration Committee or consumer court route applies.

The calculation may include:

• Purchase price;
• delivery charges;
• repair cost;
• subscription payments;
• interest;
• additional proven loss;
• compensation.

Artificially splitting a single dispute to remain below or above a procedural threshold may create legal problems.

For 2026, the TRY 186,000 Consumer Arbitration Committee threshold should be assessed according to the full value of the relevant consumer dispute.

Mediation Procedure

After an application in a dispute subject to mandatory mediation:

1. The mediation office appoints a registered mediator;
2. The mediator contacts the parties;
3. The parties and representatives are invited;
4. The dispute and authority documents are reviewed;
5. Joint or private meetings may be conducted;
6. Settlement proposals are exchanged;
7. The process ends with agreement, partial agreement or non-agreement.

Participation does not require the consumer to accept a settlement.

The mediator does not decide whether the product is defective or order the business to make payment.

Possible Settlement Outcomes

An e-commerce mediation may result in:

• Full refund;
• partial refund;
• replacement;
• free repair;
• price reduction;
• cancellation of subscription;
• removal of recurring charges;
• extension of warranty;
• product return;
• delivery of missing items;
• payment of cargo costs;
• compensation;
• correction of account information;
• deletion of personal data;
• withdrawal of pending proceedings.

Drafting the Settlement Agreement

A digital consumer settlement should identify:

• Full names and legal entities;
• order or subscription number;
• product or service;
• invoice;
• amount;
• refund method;
• payment date;
• return procedure;
• cargo responsibility;
• instalment cancellation;
• warranty;
• account closure;
• data treatment;
• claims released;
• claims reserved;
• default;
• costs;
• enforceability.

Refund Clauses

A refund clause should state:

• Exact amount;
• Currency;
• Payment method;
• Bank account or card;
• Deadline;
• Whether interest is included;
• Treatment of payment-provider fees;
• Consequence of late payment.

The agreement should not merely state that “the refund will be processed.”

Product Return

Where a product must be returned, the agreement should identify:

• Return address;
• cargo company;
• return code;
• person bearing shipping costs;
• packaging requirements;
• deadline;
• inspection process;
• consequence if the product is lost during return.

Replacement and Repair

A replacement or repair settlement should specify:

• Product model;
• serial number;
• repair issue;
• authorised service;
• completion date;
• shipping;
• warranty after repair;
• remedy if repair fails.

A promise to “resolve the technical problem” may be too vague for enforcement.

Subscription Cancellation

A subscription settlement should state:

• Final service date;
• refund;
• termination of recurring payment;
• deletion of stored card details where appropriate;
• account access;
• confirmation that no future debt will arise;
• treatment of downloaded content.

Partial Settlement

The parties may settle only part of the dispute.

For example:

• Refund may be agreed while compensation remains disputed;
• Subscription may be cancelled while prior charges remain disputed;
• Product replacement may be agreed while cargo damage remains unresolved.

The settlement must identify clearly what has and has not been resolved.

Release Clauses

A consumer should review release wording carefully.

A broad clause may state that the consumer releases:

• Seller;
• platform;
• manufacturer;
• bank;
• payment provider;
• all affiliates;
• all present and future claims.

Such a clause may extend far beyond the specific dispute.

The release should ordinarily be limited to the identified order, service, event and claims intended to be settled.

Where payment will be made later, the release may be conditional on full performance.

Enforceability of the Mediation Settlement

A valid mediation agreement is binding within its defined scope.

Under Law No. 6325, matters settled through mediation generally cannot be brought before the court again. Depending on the signatures and statutory conditions, an agreement may qualify as a judgment-equivalent enforceable document or may receive an enforceability annotation.

The obligations should be precise enough for compulsory enforcement.

A settlement stating that a seller must refund TRY 100,000 by a specific date is clearer than an agreement stating that the seller will “assist the consumer.”

What Happens If Mediation Fails?

If no settlement is reached, the next step depends on the value and type of the claim.

The consumer may proceed through:

• Consumer Arbitration Committee;
• Consumer court;
• Enforcement proceedings;
• Another specialised authority;
• Administrative complaint;
• Criminal complaint where fraud or another offence is alleged.

Where mandatory mediation applies, the final non-agreement report must be submitted in the subsequent consumer court action according to the statutory rules.

Foreign Consumers and Cross-Border Online Purchases

Foreign consumers may purchase goods or services from Turkish online businesses, and Turkish consumers may purchase from foreign sellers.

Cross-border disputes may involve:

• Seller identity;
• Governing law;
• jurisdiction;
• international delivery;
• customs duties;
• currency;
• chargeback;
• foreign platform rules;
• enforcement abroad.

Mediation may be conducted online and in a foreign language through authorised representatives.

The settlement should address:

• Controlling language;
• currency;
• exchange rate;
• bank fees;
• delivery country;
• taxes;
• cross-border enforcement.

A successful mediation in Turkey does not automatically guarantee enforcement against a business with no assets or legal presence in Turkey.

Common Mistakes in Digital Consumer Mediation

Applying to the Wrong Authority

Claims below the 2026 statutory threshold generally belong before a Consumer Arbitration Committee rather than consumer court mediation.

Naming Only the Platform

The invoice seller may also need to be included.

Failing to Preserve Screenshots

Product descriptions and seller details may change.

Missing Withdrawal Evidence

The consumer should prove when and how notice was sent.

Accepting Store Credit Instead of Money Without Intending To

A seller cannot automatically convert every refund obligation into store credit.

Signing an Overly Broad Release

Unrelated claims may be waived.

Failing to Address Credit Card Instalments

The consumer may continue to see charges after settlement.

Ignoring Shipping Costs

Return and original delivery charges should be regulated clearly.

Using Vague Repair or Replacement Terms

The product, model and deadline should be specified.

Allowing Informal Negotiations to Continue Indefinitely

Procedural and limitation periods should be protected.

Practical Checklist

Before signing an e-commerce settlement, the parties should confirm:

• Correct seller;
• marketplace;
• order number;
• invoice;
• product or service;
• transaction value;
• applicable consumer procedure;
• withdrawal date;
• delivery records;
• defect evidence;
• payment records;
• refund amount;
• return procedure;
• instalments;
• subscription status;
• warranty;
• data deletion;
• claims released;
• payment deadline;
• default;
• enforceability.

The Role of a Turkish E-Commerce and Consumer Lawyer

A Turkish e-commerce and consumer lawyer may assist by:

• Determining whether the claimant is legally a consumer;
• Identifying the seller, platform and other responsible parties;
• Calculating the dispute value;
• Selecting the Consumer Arbitration Committee or mediation route;
• Reviewing distance-contract information;
• Assessing withdrawal rights;
• Analysing defective goods and services;
• Preserving digital evidence;
• Preparing the mediation application;
• Negotiating refunds and replacements;
• Limiting release clauses;
• Drafting an enforceable settlement;
• Filing consumer court proceedings if mediation fails.

Frequently Asked Questions

Can e-commerce disputes be mediated in Turkey?

Yes. Online consumer disputes may be mediated where they concern private rights that the parties can settle.

Is mediation mandatory for every online shopping dispute?

No. In 2026, disputes below TRY 186,000 generally fall within Consumer Arbitration Committee jurisdiction. Consumer court disputes are generally subject to mandatory mediation unless an exception applies.

How long is the withdrawal period for an online purchase?

The general period is 14 days, subject to statutory exceptions. For goods, it generally begins upon delivery; for services, upon conclusion of the contract.

How quickly must the seller refund the consumer?

The general distance-contract rule requires refund within 14 days after receipt of the withdrawal notice.

Can the online marketplace be responsible?

Potentially yes, depending on its role and conduct. Platforms also have statutory duties concerning systems for transmitting and tracking withdrawal, termination and refund requests.

Can a seller refuse every opened product?

No. Opening packaging does not automatically eliminate the right of withdrawal in every case. The specific statutory exceptions and nature of the goods must be examined.

Can an online subscription be cancelled electronically?

Yes. Current Ministry guidance states that cancellation may be communicated through written or durable electronic methods, and the provider cannot impose a more difficult termination method than the subscription method.

Can the consumer demand replacement instead of a refund?

In defective goods disputes, the available statutory remedies may include replacement, free repair, price reduction and withdrawal, depending on the legal conditions.

Can digital content be returned?

The answer depends on the type of digital content, when performance began, the consumer’s consent and whether a statutory withdrawal exception applies.

Is the mediation settlement binding?

Yes. A valid settlement is binding and may be enforceable under Law No. 6325.

Can a foreign consumer participate online?

Yes. Online participation and representation may be used where identity, authority and confidentiality requirements are satisfied.

Conclusion

Mediation in e-commerce and digital consumer disputes in Turkey offers consumers, sellers and online platforms a practical method for resolving disputes arising from modern digital transactions.

These disputes may concern:

• Online product sales;
• distance contracts;
• withdrawal rights;
• refunds;
• defective goods;
• defective digital services;
• non-delivery;
• order cancellation;
• marketplaces;
• subscriptions;
• online education;
• travel bookings;
• digital content;
• payment transactions;
• personal data.

The first legal question is not always whether mediation should begin. The claimant must first determine the competent procedure.

For 2026:

• Consumer disputes below TRY 186,000 generally fall within the mandatory jurisdiction of provincial or district Consumer Arbitration Committees;
• Disputes requiring a consumer court action are generally subject to mandatory mediation before litigation, subject to statutory exceptions.

Distance-contract rules provide consumers with important rights, including pre-contractual information, withdrawal, refund and complaint mechanisms.

As a general rule, consumers have a 14-day withdrawal right in distance contracts, subject to legal exceptions. Sellers generally must refund the payment within 14 days after receiving a valid withdrawal notice.

Electronic marketplaces are not merely passive technological spaces in every case. Intermediary service providers must maintain systems enabling consumers to submit and track notices concerning matters such as withdrawal, termination and refunds.

Mediation may provide solutions including:

• Immediate refund;
• replacement;
• free repair;
• cancellation of instalments;
• subscription termination;
• warranty extension;
• removal of recurring charges;
• delivery of missing goods;
• data deletion;
• compensation.

A successful digital consumer settlement must be precise.

It should identify:

• Seller;
• marketplace;
• order;
• product or service;
• amount;
• refund method;
• return procedure;
• payment date;
• instalments;
• warranty;
• subscription status;
• digital account;
• data obligations;
• release;
• default;
• enforceability.

Consumers should avoid broad release clauses that extend beyond the specific online transaction. Businesses should ensure that refunds, returns and cancellation procedures are realistically capable of performance.

Digital evidence should be preserved immediately. Product listings, order confirmations, platform messages, screenshots, payment records, cargo documents and cancellation notices may determine the outcome of the dispute.

Where mediation fails, the consumer should proceed promptly through the Consumer Arbitration Committee, consumer court or other competent procedure.

An experienced Turkish e-commerce and consumer mediation lawyer can identify the responsible parties, preserve digital evidence, determine the correct procedural route and convert the negotiated outcome into a clear and enforceable settlement.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal, technical, financial or data-protection advice. Turkish consumer, e-commerce, distance-contract, mediation and procedural rules may change. Each dispute should be evaluated according to the transaction date, value, product or service, parties, evidence and legislation in force on the relevant date.