Introduction

Cross-border e-commerce has transformed an ordinary consumer purchase into a potentially international legal transaction.

A consumer living in Türkiye may purchase a mobile phone from a German seller through Amazon, handmade jewellery from a Canadian merchant through Etsy, electronic equipment from a Chinese trader through Temu, or a second-hand product from a seller located in another country through eBay.

The transaction can be completed within minutes.

The legal questions that arise if something goes wrong are considerably more complicated.

Which country’s law applies?

Can the consumer rely on Turkish consumer protection legislation?

Does a choice-of-law clause stating that the contract is governed by Luxembourg, Irish, German, Chinese or U.S. law prevent the application of mandatory consumer rules?

Can the consumer sue the foreign seller in Türkiye?

Does the consumer have a 14-day right of withdrawal?

Who is responsible if the product is defective: the foreign merchant, the marketplace, the manufacturer or the importer?

What happens if the consumer obtains a judgment in Türkiye but the seller has no assets in Türkiye?

The answers cannot normally be found by looking only at the marketplace’s terms and conditions.

Cross-border consumer transactions require the coordinated application of private international law, consumer protection law, e-commerce regulation, procedural law and international enforcement rules.

The central principle is that the internet does not create a separate borderless legal system.

An online transaction remains connected to one or more national legal systems.

1. Cross-Border Online Shopping Creates Several Different Legal Questions

One of the most common mistakes in international e-commerce disputes is treating “applicable law” and “jurisdiction” as the same issue.

They are not.

Four separate questions must generally be answered.

Applicable Law

Which country’s substantive law determines the rights and obligations of the consumer and seller?

Jurisdiction

Which country’s courts are entitled to hear the dispute?

Consumer Protection

Which mandatory rights concerning withdrawal, refunds, defective goods, unfair contract terms and guarantees apply?

Enforcement

If the consumer wins the case, in which country can the judgment actually be enforced against the seller?

It is entirely possible for a Turkish court to hear a dispute while applying rules affected by foreign law.

It is also possible for a consumer to win a Turkish judgment but subsequently have to seek recognition or enforcement abroad because the seller’s bank accounts and assets are located in another country.

International consumer litigation should therefore be analysed from beginning to end rather than merely asking where the lawsuit can be filed.

2. The First Question: Who Is Actually the Seller?

When purchasing from Amazon, eBay, Etsy, Temu or another online marketplace, the company operating the website is not necessarily the contractual seller.

Three different structures are common.

Marketplace as Seller

The platform itself sells the product directly to the consumer.

Third-Party Merchant

An independent professional merchant lists products through the marketplace.

Private Seller

An individual sells an item without acting in the course of a commercial or professional business.

This distinction is critical.

Consumer protection legislation is principally designed to protect transactions between a consumer and a trader or professional seller.

EU consumer rules, for example, distinguish purchases from professional traders from purchases from private individuals. The European Commission expressly notes that goods purchased from private individuals are generally outside the ordinary EU consumer guarantee regime.

Consequently, before analysing a dispute, the consumer should identify the legal entity appearing as the seller on:

• the invoice;
• order confirmation;
• marketplace listing;
• payment documentation;
• terms of sale; and
• commercial information page.

The most recognisable brand appearing at the top of the website is not necessarily the defendant against whom the principal sales claim must be brought.

3. Marketplaces Are Not Automatically Free from Responsibility

The fact that the marketplace is not the seller does not necessarily mean it has no legal obligations.

Modern legislation increasingly imposes specific responsibilities on intermediary platforms.

In Türkiye, the Distance Contracts Regulation recognises the concept of an intermediary service provider operating a platform through which distance contracts are concluded.

The Ministry of Trade explains that intermediary service providers may have obligations concerning pre-contractual information, maintaining systems through which consumers can send and follow withdrawal or refund requests, and, in certain circumstances, joint responsibility relating to payments collected through the platform.

Accordingly, in a Turkish-law dispute it may be necessary to examine separately:

the liability of the seller and
the statutory obligations of the marketplace.

The precise liability depends on what role the platform played in the transaction.

A marketplace that merely displays an advertisement is in a different legal position from one that:

collects the purchase price,

controls the checkout process,

issues transaction confirmations,

administers returns,

processes refunds,

or makes its own contractual representations to consumers.

4. The EU Is Also Increasing Marketplace Responsibility

The European Union has progressively imposed additional obligations on online platforms.

Under the Digital Services Act framework, online marketplaces are required to take measures concerning trader traceability. The European Commission describes the principle as “Know Your Trader”: marketplaces must verify sellers and make relevant trader contact information available to consumers.

The purpose is obvious.

Consumer rights are difficult to enforce if the buyer does not even know who legally sold the product.

However, the fact that a marketplace verifies or identifies a merchant does not automatically make the marketplace the seller under every transaction.

Contractual structure remains important.

5. There Is No Single Worldwide Consumer Law

Cross-border consumers sometimes assume that online purchases are governed by a universal set of e-commerce rules.

No such global consumer code exists.

Consumer protection differs considerably between jurisdictions.

The European Union provides an extensive harmonised consumer-law framework.

Türkiye provides substantial protection under Law No. 6502 on Consumer Protection, the Distance Contracts Regulation, the Electronic Commerce Law, and related legislation.

The United States has a mixture of federal and state rules.

Other jurisdictions may provide very different rights concerning withdrawal, guarantees and defective products.

Consequently:

the same online purchase may produce different legal consequences depending upon where the consumer lives and whether the trader directed its commercial activities toward that jurisdiction.

6. The European Rule: Consumer’s Habitual Residence Is Highly Important

Within EU private international law, Article 6 of the Rome I Regulation (Regulation No. 593/2008) provides a special rule for consumer contracts.

Where a consumer concludes a contract outside his or her trade or profession with a professional who:

• carries on commercial activities in the consumer’s country; or
• directs those activities to that country,

and the contract falls within those activities, the contract is generally governed by the law of the country where the consumer has his or her habitual residence.

This rule is extremely important for international online commerce.

The fact that the seller’s head office is located abroad does not necessarily mean that the law of the seller’s country governs the transaction.

A professional actively selling into another country’s consumer market may become subject to the protective rules connected with the consumer’s habitual residence.

7. What Does “Directing Activities” to a Country Mean?

An online store’s mere technical accessibility from another country should not automatically be treated as equivalent to actively targeting that country’s consumers.

A broader factual analysis may be necessary.

Relevant circumstances may include:

• whether the trader delivers to the consumer’s country;
• whether that country can be selected during checkout;
• whether prices are displayed in local currency;
• whether local-language advertising is used;
• whether the trader purchases advertising targeted at that jurisdiction;
• whether country-specific domains or marketing campaigns are used;
• whether local customer service is available;
• whether local payment methods are accepted; and
• whether substantial business is systematically conducted with consumers from that country.

The more deliberately a business enters a foreign consumer market, the stronger the argument that it should comply with consumer protections connected to that market.

This is particularly relevant for major global platforms that do not merely maintain a passive foreign website but actively organise sales into multiple jurisdictions.

8. Can an Online Seller Choose Another Country’s Law?

Yes—but consumer contracts are subject to significant restrictions.

Article 6(2) of the Rome I Regulation permits parties to choose the governing law.

However, the choice cannot deprive the consumer of protections contained in mandatory provisions of the law that would otherwise apply under the consumer-protection rule.

For example, an online contract may state:

“This agreement shall be governed by the laws of Country X.”

That clause does not necessarily mean that a consumer living in an EU Member State loses mandatory protections available under the law applicable to the consumer relationship.

This is one of the most important principles in international consumer law:

freedom of contract exists, but it cannot always be used to contract out of mandatory consumer protection.

9. Turkish Private International Law Follows a Similar Protective Principle

Türkiye regulates international consumer contracts under Article 26 of Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK).

Article 26 provides that consumer contracts involving the provision of goods, services or credit for non-professional or non-commercial purposes may be governed by the law selected by the parties, but the minimum protection afforded by the mandatory provisions of the consumer’s habitual-residence law is preserved.

Where no choice of law has been made, the law of the consumer’s habitual residence may apply where the statutory connecting conditions in Article 26 are satisfied.

This means that a clause hidden inside the terms of an international website declaring:

“All transactions are governed exclusively by foreign law”

does not automatically eliminate the protections that Turkish private international law reserves for consumers.

The particular facts of the transaction and Article 26 requirements must nevertheless be examined carefully.

10. Online Purchases by Consumers Living in Türkiye

Consider the following example.

A consumer habitually resident in İstanbul purchases an electronic product from a foreign professional trader.

The seller:

• advertises its products to Turkish consumers;
• permits Türkiye as a delivery destination;
• accepts orders originating from Türkiye;
• sends the product directly to İstanbul; and
• provides an online checkout system intended for Turkish buyers.

The fact that the seller is incorporated abroad does not by itself determine the governing law.

The transaction must instead be tested against Article 26 MÖHUK and the mandatory Turkish consumer-protection framework.

Depending on the circumstances, Turkish consumer protections may become relevant notwithstanding a foreign governing-law provision.

11. Which Turkish Court Has Jurisdiction?

The applicable-law question must again be distinguished from jurisdiction.

Article 45 MÖHUK contains a special jurisdiction rule for consumer contracts falling within Article 26.

For such disputes, the consumer may, subject to the statutory conditions, bring proceedings before Turkish courts based on connecting factors including the consumer’s place of residence or habitual residence and certain places connected with the counterparty. Article 45 also restricts proceedings brought against the consumer by providing particular protection to the consumer’s habitual residence in Türkiye.

Consequently, the simple fact that a seller is located outside Türkiye does not necessarily mean that a Turkish consumer must travel abroad to commence proceedings.

However, jurisdiction and effective recovery remain separate questions.

A Turkish court may have jurisdiction while the foreign seller has no property whatsoever in Türkiye.

12. EU Consumers May Also Sue at Home

The EU provides particularly strong jurisdictional protection.

Under Articles 17 and 18 of the Brussels I Recast Regulation (Regulation No. 1215/2012), where the consumer-contract requirements are satisfied, a consumer may generally bring proceedings either:

• in the courts where the trader is domiciled; or
• in the courts for the place where the consumer is domiciled.

A trader, by contrast, is generally required to sue the consumer in the courts of the consumer’s domicile.

This represents a deliberate departure from the ordinary principle that a defendant should usually be sued at its domicile.

The reason is to prevent consumers from being forced to litigate low-value disputes in distant foreign jurisdictions.

13. Can Website Terms Force the Consumer into a Foreign Court?

Not necessarily.

Online terms commonly contain clauses stating:

“Any dispute shall be resolved exclusively by the courts of [foreign country].”

In B2B transactions, jurisdiction clauses can have significant force.

Consumer contracts are different.

Article 19 of the Brussels I Recast Regulation substantially limits the circumstances in which parties can depart from the consumer jurisdiction rules. For example, greater flexibility exists where the agreement is concluded after the dispute has arisen or where it gives the consumer additional forums rather than taking protective forums away.

Therefore, consumers should not assume that clicking “I Agree” automatically means they have surrendered every right to sue in their home jurisdiction.

The enforceability of such clauses must be assessed under the relevant mandatory consumer and private international law rules.

14. The 14-Day Right of Withdrawal in the European Union

EU consumers enjoy a highly significant right in distance contracts.

As a general rule, consumers purchasing goods online from professional traders have 14 days to withdraw from the contract without giving a reason.

For goods, the withdrawal period generally runs from delivery.

For services, the period generally begins from the conclusion of the contract.

The right allows the consumer to change his or her mind even where the product is not defective.

This distinction is important.

A consumer may therefore have two completely different legal routes:

withdrawal because the consumer simply does not want the product, or

remedies because the product is defective or non-conforming.

15. The Turkish 14-Day Withdrawal Right

Turkish consumer law likewise provides a 14-day withdrawal right for many distance contracts.

The Turkish Ministry of Trade confirms that consumers may generally withdraw from a distance contract within 14 days without providing justification and without paying a contractual penalty. For goods, the period generally begins upon delivery.

The Ministry also notes that consumers must be properly informed about their withdrawal rights and that failure to provide the required information may significantly extend the period during which the right can be exercised.

Accordingly, a foreign merchant actively selling to consumers in Türkiye should not assume that its internal “no returns” policy automatically overrides mandatory Turkish consumer rules where those rules are applicable.

16. Withdrawal Is Not Available for Every Product

Neither EU nor Turkish consumer law provides an unlimited right to return absolutely everything.

Common exclusions can include certain categories such as:

• personalised or custom-made products;
• rapidly perishable products;
• certain sealed goods after opening for hygiene or health reasons;
• certain digital content after performance has commenced with the required consent;
• services already fully performed under legally prescribed conditions; and
• other categories specified by applicable legislation.

EU guidance expressly identifies, among other examples, personalised goods and certain rapidly perishable goods as exceptions to the standard 14-day withdrawal right.

Accordingly, “purchased online” does not always mean “returnable for 14 days.”

The product category and circumstances must be checked.

17. Who Pays the Cost of Returning the Product?

Return costs are another frequent source of international disputes.

Under EU rules, the consumer may normally bear the direct return cost when exercising the ordinary withdrawal right, provided that the trader properly informed the consumer of that obligation. Different treatment applies where the seller agreed to bear the cost or failed to provide the required information.

Turkish distance-sales rules contain their own detailed provisions concerning the carrier identified for returns and circumstances in which return costs cannot be imposed on the consumer.

This becomes particularly important in cross-border transactions.

Returning a EUR 30 product to another continent may cost more than the product itself.

The applicable return-cost rule can therefore determine whether a legal right has any practical value.

18. Defective Goods Are Legally Different from Ordinary Returns

A consumer who simply changes his or her mind uses the withdrawal regime.

A consumer who receives a defective, damaged or non-conforming product relies on defective-goods or conformity remedies.

The distinction matters because the consumer may retain remedies even after the ordinary withdrawal period has expired.

Examples include situations where:

• the product does not work;
• the wrong item was delivered;
• advertised features are missing;
• the product has materially inferior specifications;
• the item is damaged;
• the product is counterfeit;
• required accessories are absent; or
• the goods otherwise fail to conform to the contract.

19. Defective Goods under EU Consumer Law

EU law provides consumers with a minimum legal guarantee for goods purchased from professional traders.

Current EU guidance states that consumers are entitled to a minimum two-year legal guarantee where goods are defective or do not correspond to what was advertised.

Depending on the circumstances, remedies can include:

repair,

replacement,

price reduction,

or ultimately reimbursement.

This legal guarantee should be distinguished from a voluntary manufacturer’s warranty.

A commercial warranty offered by a manufacturer may provide additional protection, but it does not replace the statutory rights owed by the seller under applicable consumer legislation.

20. Defective Goods under Turkish Consumer Law

Turkish Law No. 6502 also provides substantial remedies concerning defective goods.

The Ministry of Trade describes defective goods as products that fail to conform to agreed characteristics or objectively expected qualities and also includes products that fail to possess characteristics represented in packaging, advertising or online descriptions.

Depending on the circumstances, the consumer may have rights including:

• rescission of the contract and return of the product;
• reduction of the purchase price;
• repair without charge; or
• replacement with a non-defective equivalent where possible.

This means that a seller cannot necessarily avoid responsibility merely by describing the problem as a “manufacturer issue”.

The contractual seller remains central to consumer remedies.

21. Manufacturer Warranty and Seller Liability Should Not Be Confused

Suppose a consumer buys a laptop from a foreign professional trader.

The seller responds to a defect by saying:

“Contact the manufacturer. We are not responsible.”

That response may be legally inadequate.

A manufacturer’s commercial warranty is one legal relationship.

The seller’s statutory responsibility for delivering conforming goods is another.

Where mandatory consumer legislation applies, the seller cannot necessarily replace its own obligations simply by directing the consumer to the manufacturer.

This distinction should always be examined in international purchases of:

electronics,

vehicles,

appliances,

luxury goods,

machinery,

and other products with separate manufacturer warranties.

22. What if the Seller Is a Private Person?

Purchases through platforms such as eBay or Etsy may occasionally involve private individuals rather than professional traders.

That may fundamentally change the legal framework.

Traditional consumer protection is designed around an imbalance between:

a consumer and a professional trader.

Where both parties are private individuals, special consumer rights—such as statutory distance-selling withdrawal rights—may not apply.

Instead, ordinary contract and sale-of-goods principles may govern the dispute.

Therefore, consumers purchasing valuable goods online should check whether the listing identifies the seller as:

professional/business seller, or
private seller.

The difference can determine the entire legal regime.

23. Does the CISG Apply to Online Consumer Purchases?

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most important international instruments governing cross-border sales.

However, it is principally a commercial-sales convention.

Article 2(a) excludes, subject to its specific wording, sales of goods bought for personal, family or household use.

UNCITRAL itself explains that the CISG generally concerns commercial transactions rather than ordinary consumer purchases.

Therefore, a Turkish company purchasing machinery from a German supplier may potentially encounter CISG issues.

A Turkish individual buying shoes from the same German seller for personal use will generally be dealing with a consumer-law framework instead.

24. What About Amazon, eBay, Etsy and Temu Terms and Conditions?

Major marketplaces generally maintain sophisticated terms covering:

governing law,

jurisdiction,

refund policies,

seller responsibilities,

platform guarantees,

payment processing,

and dispute resolution.

Those terms are relevant—but they do not necessarily provide the complete legal answer.

A contractual term must be tested against mandatory consumer legislation.

In the EU, unfair standard terms imposed on consumers may be controlled under the Unfair Contract Terms Directive.

Similar principles exist in Turkish consumer law.

Consequently, marketplace terms cannot always remove statutory rights simply by stating that:

“all sales are final”,

“the platform has no responsibility”,

“foreign law exclusively applies”,

or

“the consumer waives all rights against the seller.”

Mandatory consumer rules may override inconsistent standard terms.

25. The Marketplace’s Own Buyer Protection Is an Additional Layer

Many global platforms provide their own contractual buyer-protection mechanisms.

These may allow claims where:

• the product never arrives;
• the goods materially differ from the listing;
• the seller refuses a refund;
• the product is counterfeit; or
• tracking information is unreliable.

Such mechanisms can be extremely useful because they may resolve a cross-border dispute without litigation.

However, marketplace protection should not be confused with statutory consumer rights.

A platform’s internal refund policy is contractual.

Consumer legislation is legal.

An internal deadline under a marketplace programme does not necessarily extinguish a statutory claim that exists independently under applicable law.

The U.S. Federal Trade Commission similarly advises consumers to distinguish the marketplace’s own protection programme from the obligations of the individual seller and to review which party handles returns, refunds and disputes.

26. The United States Takes a Different Approach

Consumers should not assume that the EU-style 14-day withdrawal right exists everywhere.

The United States provides significant consumer protections, but its framework differs from the EU model.

Federal rules address issues including shipping deadlines, billing disputes and deceptive commercial practices.

The FTC states that, under the Mail, Internet, or Telephone Order Merchandise Rule, sellers generally must ship goods within the promised period or, where no time is specified, within 30 days, subject to the rule’s requirements concerning delays and cancellation.

Return rights for an ordinary non-defective online purchase, however, can depend significantly on seller policy and applicable state law rather than a universal EU-style 14-day rule.

This illustrates why international consumers should never assume that consumer rights are identical across jurisdictions.

27. Delivery Risk in International Purchases

Cross-border deliveries introduce another layer of disputes.

Common problems include:

non-delivery,

loss in transit,

damage,

customs detention,

delivery to the wrong address,

false tracking information,

and theft following delivery.

The allocation of responsibility may depend on:

the consumer legislation,

the sales agreement,

the shipping terms,

the seller’s choice of carrier,

and whether legal delivery to the consumer actually occurred.

The consumer should therefore preserve:

order confirmations,

tracking information,

delivery photographs,

courier communications,

customs documents,

and correspondence with the seller.

These documents may later determine whether the seller can establish proper delivery.

28. Customs Duties and Consumer Law Are Separate Questions

A governing-law clause does not determine whether customs duty is payable.

Suppose a Turkish consumer purchases a product from Japan.

The contract may be governed, in whole or in part, by one country’s private law.

The product’s entry into Türkiye is nevertheless subject to Turkish customs and import legislation.

Similarly, VAT, customs duties, import restrictions, product-safety rules and customs declarations are public-law matters that must be distinguished from the private contractual dispute.

A consumer may therefore lawfully cancel a sales contract but still face a separate issue concerning recovery of customs payments already made.

Cross-border refunds should consequently consider both:

the seller refund, and
the customs/tax consequences of import and re-export.

29. Product Safety Is Increasingly Important in Online Marketplaces

Cheap cross-border e-commerce has created major regulatory concerns concerning unsafe goods.

The EU’s General Product Safety Regulation (EU) 2023/988, applicable from December 2024, strengthened product-safety rules for products sold both offline and online and introduced specific obligations affecting online marketplaces.

Consumer disputes can therefore involve more than a defective product.

A product may be:

non-compliant,

unsafe,

subject to recall,

incorrectly labelled,

or prohibited from being placed on the relevant market.

These issues can create potential liability for manufacturers, importers, distributors and, depending on the regulatory framework, online marketplaces.

30. Cross-Border E-Commerce Is Also an Enforcement Problem

A consumer may have an excellent legal claim and still face practical difficulties.

Consider a consumer in İstanbul who obtains a judgment for EUR 5,000 against a foreign seller.

If the seller:

has no branch in Türkiye,

holds no Turkish bank account,

owns no assets in Türkiye,

and conducts all business through a foreign corporation,

the Turkish judgment may not immediately produce payment.

The consumer may need to seek recognition and enforcement in the country where the seller or its assets are located.

That country’s domestic recognition rules, international treaties and procedural requirements then become relevant.

For low-value consumer disputes, the cost of international enforcement may exceed the value of the claim.

This is why platform refund mechanisms, payment disputes and local assets can be disproportionately important in e-commerce cases.

31. Credit Card Chargebacks May Provide a Practical Alternative

Where the product is never delivered, is fraudulent or materially different from what was purchased, the consumer may also have rights against the payment provider or card issuer depending upon the payment system and applicable law.

This procedure is generally known as a chargeback or payment dispute.

It is not the same thing as a lawsuit.

It is based primarily on:

card-network rules,

payment-services legislation,

banking rules,

and the consumer’s agreement with the card issuer.

For example, U.S. consumer authorities specifically recommend that consumers consider disputing credit-card charges where goods are not delivered.

In international e-commerce, payment disputes may sometimes provide a faster practical remedy than suing a foreign merchant.

Consumers should nevertheless act quickly because payment-dispute systems usually contain strict notification deadlines.

32. Evidence Is Essential in Online Consumer Litigation

Unlike a physical-store transaction, an e-commerce dispute may depend almost entirely on digital evidence.

Consumers should preserve:

1. the original product listing;
2. screenshots of advertised specifications;
3. seller identity and address;
4. order confirmation;
5. invoice;
6. payment records;
7. terms and conditions applicable on the purchase date;
8. return policy;
9. tracking records;
10. delivery records;
11. photographs and videos of the defective product;
12. correspondence with the seller;
13. marketplace complaint records;
14. refund or rejection notices; and
15. technical reports where relevant.

Listings can be modified after a dispute begins.

A screenshot taken at the time of purchase may therefore become extremely valuable evidence.

33. Example: Turkish Consumer Buys from a German Online Store

Assume a consumer living in İstanbul purchases a EUR 3,000 camera from a German online store.

The website:

ships regularly to Türkiye,

advertises internationally,

accepts the consumer’s Turkish address,

and delivers the camera to İstanbul.

The camera is defective.

Several questions arise.

Applicable Law

Article 26 MÖHUK and any valid choice-of-law clause must be examined together with mandatory consumer protections.

Jurisdiction

The availability of Turkish courts should be examined under Article 45 MÖHUK.

Substantive Rights

If Turkish consumer law applies as mandatory protection, defective-goods remedies under Law No. 6502 may become relevant.

Enforcement

If the German company has no assets in Türkiye, enforcement may ultimately need to occur in Germany.

Thus, a simple purchase can involve two countries’ procedural systems even where the substantive dispute concerns a single defective camera.

34. Example: EU Consumer Purchases from a Non-EU Seller

Now assume a consumer in France orders clothing from a professional seller based outside the European Union.

The trader operates a French-language website, prices products in euros and actively markets to French customers.

EU consumer guidance states that a non-EU online trader specifically targeting EU consumers may still be subject to EU consumer protections, although practical enforcement against a trader located outside the EU can be more difficult.

This captures one of the central realities of cross-border e-commerce:

having a legal right and effectively enforcing that right are not always the same thing.

35. Example: Purchase from a Private eBay Seller

Assume instead that a Turkish consumer buys a vintage watch from a private individual in France.

The seller is not operating a commercial business.

This transaction may not receive the same consumer-law protection as an ordinary business-to-consumer transaction.

The analysis may move toward:

ordinary contract law,

sale-of-goods law,

fraud or misrepresentation,

platform buyer protection,

and payment-provider remedies.

Before filing any claim, the buyer must therefore determine whether the seller was genuinely private or was effectively operating a commercial business while presenting itself as an individual seller.

36. Businesses Selling Internationally Must Conduct Consumer-Law Mapping

Cross-border consumer compliance is not only a consumer problem.

A company planning to sell internationally should determine, before entering a new market:

Where are its customers located?

Which countries are actively targeted?

What information must be given before purchase?

What withdrawal rights apply?

Which products are exempt from withdrawal?

Which legal guarantees apply?

Who pays return shipping?

How must refunds be processed?

What product-safety rules apply?

Can local consumers sue the company in their home courts?

Are standard governing-law and jurisdiction clauses enforceable?

What obligations apply to the marketplace?

Does the business require a local importer or authorised representative?

These questions should be addressed before the first transaction, rather than after hundreds of consumer claims have arisen.

37. A Practical Legal Checklist for Consumers

Before making an expensive international online purchase, a consumer should ideally verify:

Who is the legal seller?

Is the seller a professional trader or private individual?

Where is the seller established?

Is there a branch, subsidiary or importer in the consumer’s country?

Which law does the contract claim to apply?

Does mandatory consumer law override that choice?

Which court is stated in the terms?

Is that clause enforceable against a consumer?

What is the withdrawal period?

Are there exceptions for this product?

Who pays return shipping?

What guarantee applies?

Where must defective goods be sent?

Who processes refunds?

Does the marketplace provide buyer protection?

Can the payment be disputed with the bank?

If litigation becomes necessary, where does the seller own assets?

For low-value purchases, enforcement economics may be just as important as the theoretical legal merits.

38. A Practical Legal Checklist for International Sellers

Businesses should similarly review:

1. consumer habitual residence;
2. markets intentionally targeted;
3. mandatory consumer laws;
4. governing-law clauses;
5. jurisdiction clauses;
6. pre-contract information;
7. price transparency;
8. shipping charges;
9. import and customs information;
10. withdrawal rights;
11. return procedures;
12. defective-goods obligations;
13. guarantees;
14. marketplace obligations;
15. refund processing;
16. product-safety requirements;
17. personal-data rules;
18. payment disputes;
19. dispute-resolution procedures; and
20. cross-border enforcement exposure.

The fact that a business has no physical shop in a country no longer means that it has no legal exposure there.

Digital commercial activity can create substantial connections with foreign consumer markets.

39. The Central Principle: Consumer Protection Follows the Market More Than the Server

The modern internet allows businesses to operate websites from almost anywhere.

The location of the website server is therefore rarely the most important legal factor.

Consumer private international law increasingly focuses on the actual commercial relationship.

Where does the consumer live?

Which market did the trader target?

Where was the product delivered?

Who accepted the order?

Which mandatory consumer protections exist?

Where are the seller and its assets?

These questions are generally much more important than the physical location of the website hosting infrastructure.

Conclusion: Clicking “Buy Now” Can Create an International Legal Relationship

Cross-border online purchases through Amazon, eBay, Etsy, Temu and independent online stores may appear simple from a commercial perspective, but legally they can involve several overlapping systems.

The seller may be established in one country.

The consumer may live in another.

The marketplace may be incorporated in a third.

The payment processor may operate in a fourth.

The product may originate in a fifth.

If a dispute arises, the decisive legal questions include:

which country’s law governs the contract,

which mandatory consumer rules apply,

which courts have jurisdiction,

whether the marketplace itself has legal responsibilities,

whether the consumer can withdraw from the contract,

which remedies exist for defective goods,

and ultimately,

where a judgment can actually be enforced.

Both EU law and Turkish private international law contain mechanisms designed to prevent professional traders from eliminating mandatory consumer protections merely through standard choice-of-law clauses. EU law further provides extensive jurisdictional protection to consumers, while Turkish law contains special applicable-law and jurisdiction provisions under Articles 26 and 45 of MÖHUK.

At the substantive level, both Türkiye and the European Union provide significant protection for distance purchases, including withdrawal rights and remedies for defective goods.

Nevertheless, the greatest challenge in international consumer disputes is often not proving that the consumer has a right.

It is turning that right into an effective remedy against a trader located in another jurisdiction.

For that reason, the most effective analysis of a cross-border e-commerce dispute should begin not with the website’s return button, but with four questions:

Who sold the product?

Which law protects the buyer?

Where can the seller be sued?

Where can the resulting decision actually be enforced?

Those questions form the legal foundation of modern cross-border consumer protection.