What are the legal texts that must be included on the e-commerce site?

It is mandatory to have certain legal texts specified by law on all platforms where commerce is carried out via the Internet, such as e-commerce sites, online marketplaces, mobile e-commerce applications, and sites selling online services. E-commerce is subject to legal control, just like physical retailing. 

Due to the use of technology in e-commerce and the multitude of regulations that must be followed, the legal texts that must be prepared are often more complex than other contracts.

• Distance selling contract

The distance selling contract, regulated by the Law on Consumer Protection, defines the contract made between the buyer and the seller regarding the sale that takes place without meeting in a physical environment. 

Contracts concluded on e-commerce sites are considered distance sales contracts. The following information should be included in the distance sales contract;

· Information about the seller and buyer

· Detailed information about the product subject to sale

· Detailed and clear information regarding the sales price

· Information regarding the delivery of the product subject to sale

· Information regarding the customer’s right of withdrawal

Since the distance sales contract protects the rights of both the seller and the customer, it should be prepared carefully and approved by the customer online before payment.

 Special provisions can also be added to the contract. In addition, the contract text must be written legibly in at least 12 font size.

The distance sales contract must be kept by the seller for 3 years after the sale transaction takes place.

• Preliminary information form

The preliminary information form defines the text in which the consumer who will shop on an e-commerce site can see information about his order before the payment process takes place. 

The sales process cannot proceed unless the preliminary information form is approved by the customer. The following information should be included in the preliminary information form;

· Seller’s name, surname, commercial title, address and contact information

· Information about the product or service sold

· How much to pay in TL, including taxes

· Payment terms if a sale will be made in installments or on credit

· Conditions of the consumer’s right of withdrawal

· Shipping or transportation cost, if any

· Validity period of the sales commitment

· If a service covering a certain period is purchased, the validity period of the sales contract

· If there is a sale for an indefinite period, such as a monthly subscription, or for a period longer than 1 year, the termination conditions of the sales contract

· Terms of Use

Terms of use are the text that contains the rules that a user who enters an e-commerce site adheres to while using the site. 

Terms of use do not need to be approved by visitors, but every user is expected to comply with these rules even if they are not a member of the relevant e-commerce site.

· Membership Agreement

It is not mandatory to be a member to shop from e-commerce sites. However, most users who want to benefit from the advantages and conveniences offered by membership tend to register for membership on e-commerce sites they frequently use.

 Membership agreements, which include membership conditions, include how members can act within the site, the rights they have, the restrictions they must comply with, and the provisions that will be applied if they act contrary to the contract. The membership agreement must be approved by the user who wants to become a member.

· Privacy Policy

The privacy policy text informs the user which of the user’s personal data is collected and for what purpose, for how long it will be stored, with whom it can be shared, and what will be done with this data while using the website.

The personal data in question may be collected in a wide range of areas, from name and surname to credit card information, gender and residence address.

The content of the privacy policy must be prepared by the provisions of the Law on the Protection of Personal Data and the Law on the Regulation of Electronic Commerce.

Legal remedies that the user can take in case of any privacy violation should also be included in the privacy policy text.