object an invoice in Turkey, trade lawyer, solicitor, advocate attorney attorney Turkey, Turkish consumer law, merchant solicitor Turkey
The invoice is a legal document that serves to prove the commercial relationship between the seller and its customer, showing the quantity, qualifications, size, price or other aspects of the goods sold or the service performed.
In the absence of a valid contractual relationship, the document sent as an invoice will not be expected to bear the terms and consequences of the invoice. However, it should not be overlooked that the proforma invoice, which is frequently encountered in practice, is important in terms of being accepted as a legal requirement and showing that the contract negotiations have started.
Regardless of whether the person to whom the invoice is sent is a merchant or not; If the content of the invoice is not compatible with the commercial relationship, the person should object to the invoice which is sent to him/her.
1-The person who receives the invoice has the right to object to the invoice itself or the invoice content within 8 days. If the person receiving the invoice has made this objection, then the burden of proof will pass to the merchant issuing the invoice and the issuer will have to prove that the invoice has arranged according to the terms of the contract.
2-If the person receiving the invoice has not objected to the invoice within 8 days, it will be considered as a presumption in favor of the issuer, as the law states that the person receiving the invoice will be deemed to have accepted the content of the invoice. However, this presumption is provable to the contrary and should not be called as the invoice content is considered absolute. If the person receiving the invoice has not objected to the invoice within the time limit it can be objected to the content of the invoice is not correct with written evidence, commercial books, and the submission of the written contract between the parties.
It is not specifically foreseen in the law in terms of objection to the bill.An objection to the invoice can be made through notary public, secure electronic signature, telegram or registered letter with return receipt,by rejecting the invoice, sending it back or even verbally.
However, if both parties are merchants, the filing of the objection must be made through a notary public, registered letter with return receipt, using a telegram or secure electronic signature.
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