E-Commerce Operations and Legal Considerations – Part V: Defective Product Sales and Customer Relation Management

Consumer Rights on Defective Products

Defect Presumption

Defects that surface within six months of delivery are presumed to have existed at the time of delivery. The seller can rebut this presumption — but only with evidence.

Proof of Delivery

For large items (furniture is the canonical example), carriers often take detailed delivery photographs to demonstrate that the product was in undamaged condition at handover. Photographs cannot rule out latent defects that arise from the nature of the product itself.

Consumer Options

Where a defect is established, the consumer may:

• Withdraw from the contract by communicating intent to return the product;
• Keep the product and demand a price reduction proportionate to the defect;
• Demand free repair, with the seller bearing all costs (provided the repair cost is reasonable);
• Demand replacement with a defect-free, equivalent product (where possible).

Seller’s Obligation

The seller must give effect to the option the consumer chooses. If free repair or replacement would impose a disproportionate burden on the seller, the consumer can still exercise the withdrawal or reduction remedies.

The disproportion test considers:

• The value of a defect-free version of the goods;
• The severity of the defect;
• Whether other remedies would cause undue hardship to the consumer.

Turkish Supreme Court case law suggests that, for significant defects, a return claim may be justified.

Practical Complexity

In live e-commerce operations, the variety of defects and the gap between textbook and real-world resolution mean a disciplined, systematic after-sales operation is essential. Neglecting it doesn’t just create individual complaints — it threatens customer satisfaction at the level that determines long-term sales.

Customer Relationship Management (CRM)

Why Traditional Methods Fall Short

E-commerce customers are rarely met in person. The customer relationship is, in practical terms, a database. Excel sheets work at the launch stage but collapse under operational pressure.

Why CRM Software Matters

CRM systems “manage customer purchase information, billing records and after-sales requests in a structured way.” Software can be licensed or purchased, but in either case requires ongoing monitoring, maintenance and customisation. A long-term commercial relationship with a CRM provider is generally advisable.

Contractual Requirements

Software licensing, maintenance and support arrangements should be documented separately. Renewal mechanics and SLA commitments matter as much as the headline subscription price.

Data Security

CRM systems contain personal data. Data security, technical measures and data transfer protocols must be addressed in the underlying contracts — not left to the provider’s default terms of service.