Electronic contracts and protection of consumers in distance electronic contracts concluded within this scope

The type of commerce made using electronic data exchange (EDI), internet, e-mail, telegram, telex, fax and similar electronic tools is called electronic commerce. Electronic commerce can be between businesses, between businesses and consumers, between businesses and the state, between the state and the consumer, and between many other parties; electronic commerce can also be subject to corporeal and incorporeal property and services. Within the scope of electronic commerce activities, parties make electronic commerce contracts; these contracts are established through EDI, e-mail, chat, websites, electronic representatives, online mass markets and other uncommon tools. Suppose one party of these electronic contracts is a consumer. In that case, the other party is a seller or a provider, and the contract has other specific conditions; it is considered in the category of distance contracts. With the establishment of distance electronic contracts, it is aimed to protect the consumer against the seller or supplier with a strong position. For this purpose, protective provisions have been introduced in the TKHK and related regulations and codes. While the TKHK and MSY are obliged to inform the seller and the supplier in the distance electronic contracts to protect the consumer, they have given the consumer the right to withdraw from the contract. In addition, consumer protection provisions have been introduced regarding unfair terms in distance electronic contracts. It is aimed to protect the consumer with the optional rights granted to the consumer in case of fulfilment of defective goods or services, the default of the debtor and the regulations on impossibility. In our thesis, we discussed what electronic commerce means, the characteristics of electronic contracts established within the scope of electronic commerce, in which cases the electronic contract can be considered as a distance contract, in which cases the consumers need protection in distance electronic contracts within the scope of electronic commerce and what the consumer protective provisions are. In our study, books, articles, theses and Supreme Court decisions were taken as the basis. Keywords: Electronic Commerce, Electronic Contract, Distance Contract, Consumer, Seller, Provider, Consumer Protection