Legal Texts That E-Commerce Websites Must Contain

1. Introduction

Technology has had an enormous impact on commercial activity, as it has in every other sector. Today, the influence of the digital world is felt in every field, from the production of goods and services to payment systems, and conducting trade without digital tools has become almost impossible.

As a result of this evolution, e-commerce, which has been embraced by broad segments of society, has become an inseparable part of trade and everyday life. In this context, e-commerce websites are online platforms on which products and services are sold over the internet. These websites offer a variety of products and services to consumers without the need for a physical store. By visiting these websites, users can find the products or services they are looking for, compare prices and complete their purchases online. To make the shopping experience easier for users, e-commerce websites offer features such as detailed product information, customer reviews and online payment options. These websites generally support a variety of payment methods and reach a global customer base by offering worldwide shipping options.

E-commerce, which has developed substantially in Türkiye since the pandemic period, has widened businesses' sales channels and, particularly through e-export, has contributed to the national economy by generating foreign currency. This development has been supported by improvements in digital infrastructure, the rise in mobile internet use and consumers' growing interest in online shopping. During this process, many businesses and consumers began to prefer online platforms over physical stores.

Thanks to e-commerce, businesses have overcome geographical boundaries and gained access to new markets, thereby finding opportunities for growth both in the domestic market and through e-export. Technological developments and changes in consumer habits continue to strengthen Türkiye's e-commerce ecosystem. Innovations such as mobile applications, sales through social media and artificial intelligence are among the main drivers of growth in this field.

In the coming years, the share of e-commerce in the Turkish economy is expected to increase and to be embraced by more businesses and consumers. This will contribute to economic growth and offer consumers more diverse and easily accessible shopping experiences.

2. Texts That Must Appear on E-Commerce Websites

E-commerce websites are required under the legal framework to contain certain texts. These texts govern the relationships between consumers, users, companies, buyers and sellers, and comprehensively address the rights and obligations of both parties. In essence, these legal documents have the nature of contracts and build trust in commercial relations.

On e-commerce platforms in particular, the presence of these texts creates a sense of security and transparency between the consumer and the seller, and also serves as a point of reference in the event of a dispute. Preparing these documents in a detailed and clear manner strengthens the legal foundations of e-commerce and protects the interests of both parties. For this reason, it is vital for e-commerce websites to fulfil their legal obligations, both for their commercial success and for customer satisfaction.

The content of these legal texts reflects the multi-dimensional nature of e-commerce and meets a range of commercial and legal needs. The Distance Sales Contract, the Pre-Information Form, the User Agreements, the Privacy Agreement and the KVKK texts form the legal infrastructure of e-commerce platforms. These documents ensure that trade is conducted securely and in an orderly manner in the digital environment, protect consumer rights and inform sellers of their legal responsibilities. Moreover, keeping these texts regularly updated and in line with current legislation gives them the flexibility suited to the dynamic nature of e-commerce and allows them to keep pace with the constantly evolving character of the sector. In the remainder of this article, detailed information is provided on what these legal texts are and what they contain.

3. Distance Sales Contract

The Distance Sales Contract is a legal text of critical importance for e-commerce platforms, regulated in Türkiye on the basis of the Law on Consumer Protection and the Regulation on Distance Contracts.

This contract is prepared for shopping transactions carried out between the seller and the consumer without a physical meeting, and it contains a detailed description of the product or service being sold, the pricing information and the delivery terms. Through this contract, the seller clearly states the commitments it will perform, and the contract enters into force upon the buyer's approval. The contract must set out comprehensively the details of the product or service sold, the sale price (including taxes and shipping), the delivery information and the consumer's right of withdrawal.

Before the contract is approved by the consumer, all of this information must be presented to the consumer and expressed in an understandable manner. The contract prepared by the seller and approved by the consumer represents the legal agreement between the parties and clearly determines the rights and obligations of both. This contract is of great importance in ensuring the reliability and legal validity of e-commerce transactions.

These contracts, which are drawn up separately for each sale, protect consumer rights and provide a safe shopping environment. In addition, the consumer must be notified that the sale and the payment have been verified, and a copy of the contract approved by the consumer must be retained by the seller for at least three years.

This contract expressly states that the consumer will be under an obligation to pay at the moment of confirming the order, and the burden of proving that this notification has been given lies with the seller.

As a formal requirement, the distance sales contract must be prepared in at least 12-point font, and the means of resolving potential disputes and the competent authority must be specified in the contract.

4. Pre-Information Form

The Pre-Information Form is an important document regulated under the Regulation on Distance Contracts and prepared for the purpose of protecting the consumer. The aim of this form is to enable consumers to make an informed purchasing decision by knowing all the important details of the purchase they are about to make. By providing consumers with transparent and understandable information about the product or service, it helps to prevent possible misunderstandings and disputes.

The Pre-Information Form must contain the following information:

• Information on the Seller or Provider: First name, surname, trade name, full address and contact details.
• Main Characteristics of the Product or Service: A detailed description of the goods or services being sold.
• Price Information: The total price of the product or service in Turkish Lira, including taxes. Delivery and Additional Costs: The delivery fee and any additional costs.
• Information on Payment and Delivery: Payment methods, delivery terms and the parties' performance obligations.
• Right of Withdrawal: The existence of the right of withdrawal, the conditions for its use and the procedure.
• Other Important Information: The validity period of the contract, the termination conditions for continuing sales contracts, and information on the consumer arbitration committee to which complaints may be submitted.

The buyer's approval of this form is part of the sales process and enables the consumer to make an informed decision. This document is also vital for increasing transparency in e-commerce and ensuring consumer confidence. The form must be written in plain language that the consumer can easily understand and in at least 12-point font. These requirements are important for the protection of consumer rights and for the fair conduct of e-commerce transactions.

5. E-Commerce User and Membership Agreement

User and membership agreements on e-commerce websites are important documents that explain in detail the terms of use of the website, the rights and obligations of members, the rules of conduct on the website and their possible legal consequences.

These agreements may differ according to the features and terms of use of the platform. The membership agreement is the text that the user accepts when becoming a member of the website, and it determines how the website operates and the legal relationship between the member and the website.

This agreement generally contains the following headings:

• Introduction: Explains the purpose and scope of the agreement. It contains basic information such as the name, address and contact details of the website.
• Definitions: Contains the definitions of the terms used in the agreement. For example, it explains words such as “Member”, “User”, “Website” and “Service”.
• Membership Conditions: Sets out the general requirements for membership, such as age and legal capacity, and describes how the membership procedure is carried out.
• Privacy Policy: Provides information on how members' personal data is collected, used and protected. Compliance with data protection laws is emphasised.
• Terms of Use: Explains how the services within the website must be used, the prohibited conduct and the responsibilities.
• Fees and Payment Terms: If applicable, provides information on the pricing of services and the payment methods.
• Cancellation and Refund Policy: Explains how members can cancel their memberships and, if applicable, the refund conditions.
• Limitations of Liability: Specifies the limits of the website owner's legal liability. Explains how responsibility is allocated in cases such as service interruptions and loss of information.
• Intellectual Property Rights: Provides information on the website's content, logos, trademarks and copyrights and on their use.
• Dispute Resolution: Specifies how disputes will be resolved and which law will apply.
• Amendments and Updates: Contains provisions on how and when the terms of the agreement may be amended.
• Entry into Force and Acceptance: The section in which the member declares that they have read, understood and accepted the agreement.

This agreement is a text that every user who will become a member of the website must read and accept. For the agreement to be legally valid, a confirmation mechanism (for example, a checkbox) must be provided showing that the user has read and accepted the agreement. In addition, it is essential that this agreement complies with current legal rules and is reviewed regularly.

In the event of any dispute, this agreement is used as the primary point of reference. Even on e-commerce websites that do not have a membership system, a text on the terms of use is mandatory. The terms of use inform the website's users about the website's conditions and clarify the legal obligations between the parties.

6. Privacy Agreement and KVKK Texts

A privacy policy is a text that contains information on how users' personal data is collected, processed, stored and shared on e-commerce websites. This policy must be prepared in accordance with the Personal Data Protection Law (KVKK) and the Regulation on Commercial Communications and Commercial Electronic Messages.

The privacy policy contains important information on how users' personal data is collected, processed, protected and shared. These texts are vital both for protecting the privacy of website users and for enabling businesses to fulfil their legal obligations. The KVKK (Personal Data Protection Law) disclosure and consent texts are likewise texts prepared in accordance with the legal regulations on the processing and protection of personal data in Türkiye. In general terms, these texts should be structured as follows:

• Introduction and Purpose: Explains the purpose and scope of the agreement. It contains basic information about the website and the company.
• Scope of the Law: Provides information on the general principles and purposes of the Personal Data Protection Law.
• Data Collected: Explains which user data is collected (name, address, e-mail, telephone number, IP address, usage data, etc.) and how this data is collected (registration forms, cookies, session logs, etc.).
• Use of Data: Specifies the purposes for which the personal data collected will be used, for example marketing activities, improving the user experience and providing services. Data
• Sharing and Transfer: Explains whether data will be shared with third parties (business partners, advertising agencies, analytics services, etc.) and under which conditions it may be shared.
• Data Security: Provides information on the technical and administrative security measures taken to protect user data. User Rights: Contains information on users' rights such as access to data, rectification, erasure, restriction of processing and objection.
• Identity of the Data Controller: Sets out the legal identity and contact details of the e-commerce website that processes the personal data. Categories of Personal Data Processed: Specifies which categories of personal data are processed (for example, identity, contact, location and financial data).
• Purposes of Data Processing: Explains the purposes for which personal data is processed, such as providing services and fulfilling legal obligations. Data Transfer: Explains the transfer of data to third parties and the legal basis for such transfers.
• Rights of Users: Describes the rights users have under the KVKK (the right to obtain information, to request rectification, to request erasure, etc.) and how they can exercise these rights.

These texts, which must appear on e-commerce websites, are of great importance for e-commerce websites in Türkiye both as a legal requirement and for increasing customer trust. They contain important information such as how users' personal data will be processed, for what purposes it will be used, and to whom and under what conditions it may be transferred, and in this process they obtain the users' explicit consent.

While texts prepared in accordance with the KVKK enable e-commerce websites to fulfil their legal responsibilities, they also reinforce users' trust in the website and reduce potential legal risks. For this reason, e-commerce websites should regard their KVKK texts not merely as a legal obligation but also as important for customer relations and reputation management, and should prepare transparent, understandable and accessible texts accordingly. This approach is critical for the protection of users' rights and for the long-term success of e-commerce websites.

7. Commercial Electronic Message Consent Text

The Commercial Electronic Message Consent Text refers to a legal consent that must be obtained before commercial electronic messages are sent to customers. This text makes it mandatory for e-commerce websites to obtain permission before sending promotional, advertising or similar content to their users by SMS, e-mail or other digital channels.

This text must clearly state the name and contact details of the company sending the message, the purpose and scope of the messages, that the consent is given voluntarily, and how consent will be obtained from users (for example, by ticking a box or completing a form).

It must be clearly explained that users have the right to refuse to receive commercial messages or to withdraw their previously given consent at any time, and how this can be done (for example, by clicking a link or calling customer services).

Information must be provided on how users' personal data will be protected and whether this data will be used for purposes other than commercial messages. The relevant legal regulations and standards must be taken into account when preparing this text. In drawing it up, e-commerce website owners must act in accordance with the relevant law and regulations and respect the rights of users.

8. Conclusion

In this article, we have examined in detail the importance and functions of the legal texts that e-commerce websites must contain.

The ever-increasing popularity of e-commerce today makes it necessary for businesses to operate in the digital environment effectively and in a legally compliant manner. In this article, it was emphasised that basic legal documents such as the Distance Sales Contract, the Pre-Information Form, the User Agreements, the Privacy Agreement and the KVKK texts are of critical importance for e-commerce websites.

While these documents protect consumer rights, they also inform sellers of their legal responsibilities. When e-commerce websites prepare these texts in a transparent, understandable and accessible manner, they both ensure legal compliance and increase customer trust. The KVKK texts in particular are not only a legal requirement for e-commerce websites in Türkiye but also play a vital role in protecting users' personal data.

In conclusion, e-commerce websites should regard these legal texts not merely as a legal requirement but also as important for customer relations and brand reputation. This approach is critical for the protection of users' rights and for the long-term success of e-commerce websites.

Attorney at Law Mehmet Emre DARICI