Consumer
Consumer Remedies for Defective Goods
When a purchased product turns out to be defective, what remedies can the consumer pursue? An overview of replacement, repair, refund and price reduction.
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Practice Areas
Consumer Law
Advisory and representation are provided in claims arising from defective goods and services, distance sales contracts, subscription and timeshare agreements, and consumer loan disputes.
Proceedings before consumer arbitration boards and consumer courts are handled according to the specific needs of each case.
Services in This Area
- Advice and representation in exercising statutory remedies for defective goods and services
- Preparation and pursuit of applications to consumer arbitration boards
- Conduct of mediation and litigation before the consumer courts
- Disputes concerning distance sales contracts and the right of withdrawal
- Claims arising from timeshare and pre-paid (off-plan) housing sale contracts
- Termination of subscription contracts and claims concerning unfair terms
- Disputes relating to consumer loans and bank fees and charges
- Disputes concerning warranties, repairs and after-sales services
What Rights Does Turkish Consumer Law Protect?
Consumer law, under the Law on the Protection of Consumers No. 6502 (TKHK), regulates the rights of natural and legal persons acting for non-commercial, non-professional purposes in their dealings with sellers and service providers. Defective goods and services, instalment and distance sales, consumer loans, subscriptions and warranty obligations are the core subjects of this field.
The law provides broad protection, from unfair contract terms to unfair commercial practices; non-negotiated terms drafted to the consumer's detriment are null and void. With the growth of e-commerce, disputes concerning distance sales and the right of withdrawal occupy an increasingly large place in practice.
Consumer Arbitration Board or Consumer Court — Which Applies?
The route to be followed in a consumer dispute is determined by its monetary value. Disputes below the threshold updated each year must be brought before the consumer arbitration board; applications are free of charge and may also be filed via the e-Devlet portal. Board decisions are binding on the parties, and an objection may be raised before the consumer court.
Disputes above the threshold fall within the jurisdiction of the consumer courts, where applying to a mediator before filing suit is a procedural prerequisite. Consumers are exempt from court fees in consumer court proceedings; framing the claim correctly and submitting complete evidence are important for the sound progress of the case.
What Are the Consumer's Remedies for Defective Goods?
Where purchased goods prove defective, the consumer may choose one of the statutory remedies: rescinding the contract and reclaiming the price, requesting a price reduction proportionate to the defect, demanding free repair, or requesting replacement with a defect-free equivalent. Free repair and replacement requests must be honoured by the seller unless they entail disproportionate difficulty.
Similar optional remedies are recognised for defective services. Defects emerging within six months of delivery are presumed to have existed at the time of delivery; it is therefore advisable to notify the seller without delay and in a verifiable form once a defect is discovered.
Frequently Asked Questions
- Can I return a product that turns out to be defective?
- Yes; if the product is defective, the consumer may rescind the contract and reclaim the price, or instead choose a price reduction, free repair or replacement with a defect-free equivalent. Depending on the value of the dispute, the claim may need to be raised before the arbitration board or the consumer court. Which remedy is appropriate is assessed according to the circumstances of the specific case.
- How do I apply to the consumer arbitration board?
- Applications may be made in writing to the board of the consumer's place of residence or of the place of the transaction, or online via the e-Devlet portal through the Consumer Information System (TÜBİS). The application is free of charge; attaching documents such as invoices, contracts and correspondence facilitates the review. The board decides on the file, and its decision may be challenged before the consumer court.
- How many days do I have to return a product bought online?
- In distance sales contracts, the consumer may as a rule exercise the right of withdrawal within fourteen days of receiving the goods, without giving any reason. There are exceptions; certain items such as custom-made products and perishable goods fall outside this right. If the seller fails to inform the consumer about the right of withdrawal, the period may be extended.
- Does filing a consumer case cost money?
- Applications to consumer arbitration boards are entirely free of charge. In actions before the consumer courts, consumers are exempt from court fees by law, although litigation expenses such as expert and notification costs may still arise. It should also be borne in mind that, for disputes above the monetary threshold, the pre-litigation mediation stage must be completed first.
These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.
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