SECOND-HAND AND REFURBISHED PRODUCT SALES
The inclusion of second-hand products in e-commerce platforms is a significant matter that warrants careful consideration. While it is indeed feasible to sell pre-owned items through such platforms, it is essential to adhere to specific regulations. Firstly, in compliance with the Regulation on Electronic Commerce Service Providers, it is imperative to designate a distinct category exclusively for second-hand goods within an e-commerce website where both new and pre-owned products are offered for sale.
The classification of display products in stores as second-hand items has sparked an ongoing debate. Nonetheless, it is strongly recommended to separate and explicitly label them as display products.
Another critical aspect revolves around the sale of refurbished mobile phones and tablets. These products can be legally sold by adhering to the warranty terms set forth in the Regulation on the Sale of Refurbished Products, provided they have undergone refurbishment in authorized centers sanctioned by the Ministry and meet other stipulated conditions. However, it is crucial to bear in mind that selling refurbished mobile phones or tablets through e-commerce platforms entails compliance with distinct regulatory requirements and operational procedures.
ACCEPTED PAYMENT METHODS AND INSTALLMENT LIMITS
Accepting payment methods is a pivotal aspect of e-commerce operations. While bank transfers have been a traditional option, it is equally vital for e-commerce websites to offer credit card payment options. To facilitate credit card payments, it is essential to establish a contract with a virtual POS company and seamlessly integrate the corresponding virtual POS into the website.
When selecting a virtual POS company, it is crucial to consider factors such as commission rates and the timeframe for transferring payments to the designated account. It is essential to ensure that these essential business particulars are explicitly outlined in the contract. Furthermore, prioritizing the protection of credit card information is of utmost importance. It is imperative that the virtual POS company securely preserves and does not transfer the credit card data to the e-commerce seller, thus safeguarding the sensitive financial information of customers.
An additional aspect to contemplate when accepting payments is the installment limitations mandated by the Banking Regulation and Supervision Agency (BRSA) in certain sectors. For instance, while furniture purchases may be eligible for a maximum of 12 installments, making installments for cosmetic products is strictly prohibited. Consequently, it is imperative to categorize the products being sold based on the sector-specific installment restrictions imposed by the BRSA and proceed with payment acceptance accordingly. This ensures compliance with the regulatory framework and facilitates transparent and lawful transaction processes within the e-commerce platform.
NON-DELIVERY OF PRODUCTS AND STORAGE SERVICE
In e-commerce operations, it is not uncommon for situations to arise where buyers fail to take delivery of the product. These circumstances can include instances where the buyer becomes unreachable, places an order while on vacation during the scheduled delivery period, or resides outside of Turkey and is unavailable on the designated delivery date.
In particular, when the buyer deliberately refuses to accept the product, specific steps must be taken by the e-commerce seller to address the default on the part of the debtor. Failure to carry out these procedures will lead to the persistence of the product delivery obligation.
In cases of debtor default, the initial step for the e-commerce seller is to file an application with the court, seeking the establishment of a custodial location. At this designated location, the e-commerce seller must fulfill their delivery obligation, with any damages and expenses incurred to be borne by the debtor. However, if the contract’s subject matter or the nature of the work is unsuitable for custodial delivery, or if the item to be delivered is perishable or requires significant expenses for maintenance, protection, or delivery, the debtor may seek court permission to sell the item through an auction and deposit the proceeds, after providing prior notice to the creditor.
Naturally, this approach should be pursued when the buyer intentionally refuses product acceptance or cannot be reached at all. Aside from such cases, there might be instances where the product needs to be stored temporarily, such as when the consumer can receive it two weeks after the specified delivery date.
Particularly for e-commerce companies dealing with large products, having a product sit in the warehouse for two weeks presents a considerable operational burden. As the product will be delivered again, it cannot be placed in the back compartments of the warehouse. It must be appropriately protected and, most importantly, its presence occupies space that could be allocated for other incoming products.
Given these challenges, it is observed that e-commerce companies offer separate storage services for undelivered products, typically for a fee. It is advisable to develop distinct plans to address potential scenarios related to this storage service and include detailed information about it in the Distance Contract. Additionally, providing verbal communication to the consumer in case of a delivery date postponement is crucial. Failing to establish a clear agreement with the consumer regarding storage and resorting to arbitrary invoicing may result in disputes and conflicts.