Precedent Regarding The Intermediary Service Providers Not To Be Held Responsible For Defective Goods

Introduction:

The refund decision of a defective product purchased from a company providing electronic commerce over an internet network, rendered against the intermediary service provider company, was overruled by the 3rd Civil Chamber of the Court of Appeals with the decision dated November 15, 2021 and numbered 2021/4000 E., 2021/11403 K. on the ground that the intermediary service provider cannot be held liable.

Summary of the Dispute Subject to the Decision:

A real person consumer applied to the consumer arbitral tribunal and requested refund, upon a cigarette butt was found in the cake, bought from a pastry shop listed as a seller on the intermediary service provider's website. Upon the refund decision of the consumer arbitral tribunal against the intermediary service provider, the intermediary service provider filed an annulment lawsuit before the competent Consumer Court with the request of annulment of the arbitrator's decision.