E-Commerce Law Series · 4 of 5
Many textile businesses begin online sales through marketplaces. A marketplace is both a sales channel and a contractual relationship affecting the seller’s legal position. This article considers the parties, intermediary agreements, the Constitutional Court’s 2026 judgment, intellectual property complaints and platform thresholds.
1. Marketplace operator, seller and consumer
The electronic commerce intermediary service provider (ETAHS) enables orders or contracts for other providers’ goods or services through an online marketplace. The electronic commerce service provider (ETHS) sells its own goods or services, on a marketplace or its own platform; it may be a textile producer, wholesaler or retailer. The consumer is the buyer. The sale contract generally connects seller and consumer, while the intermediary agreement connects seller and marketplace. The marketplace may also have statutory responsibilities toward the consumer.
2. Terms to examine in the intermediary agreement
Marketplace agreements are often standard terms drafted by the platform. Sellers should examine the following even where bargaining power is limited:
- Commission and deductions: rates by category, advertising, delivery, campaign and other service charges.
- Payment timing: when proceeds are transferred and when payment may be withheld, for example after a return or complaint.
- Pricing and promotions: Law No. 6563 treats forcing a seller into a promotional sale, including by unilaterally changing the sale price, as an unfair commercial practice, with administrative sanctions subject to the statutory conditions.
- Returns and penalties: the basis of deductions or penalties related to complaints, returns or performance and the procedure for challenging them.
- Account restriction and termination: grounds, procedure, notice and available objections.
- Customer data: data sharing and the respective parties’ roles must be assessed under Turkish data-protection law.
3. Constitutional Court judgment 2026/42
On 12 February 2026, in case E.2024/187, K.2026/42, the Constitutional Court annulled specified limitations on intermediaries’ liability. The judgment was published in the Official Gazette on 2 June 2026, No. 33268. The annulments take effect nine months after publication, on 2 March 2027; subsequent legislation should be monitored.
Potential effects on sellers may include tighter recourse, security, commission or deduction terms if platforms bear greater responsibility. Sellers should monitor legislation and contract amendments.
4. Intellectual property complaints
Under Article 9 of Law No. 6563, a rights holder may submit a complaint supported by information and documents concerning an intellectual or industrial property infringement. The intermediary removes the product concerned and informs the seller and rights holder. A seller may object with supporting information and documents; the statutory conditions for reinstatement must be examined.
- Trademark owners can submit registration and evidence of the alleged infringement.
- Sellers facing an unjustified complaint should preserve and submit supporting materials such as licences, invoices and registrations, within applicable time limits.
- Registered design and copyright evidence can help substantiate claims involving copied designs or patterns.
5. Platform thresholds and seller checklist
Law No. 6563 provides graduated obligations based on net transaction volume and transaction numbers; operators above the applicable thresholds may need a Ministry licence. The Ministry reported an annual e-commerce volume change of 48.07% for 2025 when updating the relevant thresholds. Check current official announcements and the applicable assessment period.
- Keep intermediary terms covering fees, deductions, payment, returns and restrictions.
- Monitor notices of unilateral amendments and objection periods.
- Provide accurate product composition, sizes and colours; assess responsibility for defective or misleading goods.
- Document consumer complaints and returns.
- Use marketplace protection mechanisms for trademarks and designs.
- Assess the parties’ responsibilities for customer data under the KVKK.
Related articles and sources
Previous: withdrawal and textile exceptions. The next article covers commercial electronic messages, IYS and advertising.
Constitutional Court judgment E.2024/187, K.2026/42 · Ministry of Trade: threshold update
Reviewed 29 October 2026. General information on Turkish law; the applicable contract, facts and current legislation require individual assessment.