The Turkish Consumer Protection Law No. 6502, prepared in line with European Union consumer protection regulations, provides consumers with extensive legal safeguards. One of the most important protections concerns the concept of a “defective product” and the rights consumers have when they encounter one. But how can you determine whether a product is defective, and what remedies are available to you?
DEFINITIONSWhat Is a Defective Product?
According to the Consumer Protection Law, the seller is obliged to deliver goods in compliance with the sales contract. A product may be considered defective in two primary situations:
- Non-Conformity with the Contract: The product does not possess the characteristics specified in the contract at the time of delivery or does not correspond to the sample or model agreed upon by the parties.
- Lack of Objective Characteristics: The product fails to possess one or more features stated on its packaging, label, user manual, promotional materials, advertisements, or public announcements.
Installation Errors and Advertising Statements
The law also considers problems arising during installation as defects when installation is carried out by the seller. If installation is performed by the consumer but the issue results from incorrect installation instructions, the consumer is likewise protected under the defective goods provisions (Article 8/3 of the Consumer Protection Law).
In addition, statements made by sellers through advertisements are generally binding. However, a seller may avoid liability by proving that the statement was not made by them or that the statement had been corrected before the contract was concluded (Article 9/2 of the Consumer Protection Law).
PROCEDURE AND BURDEN OF PROOFDetermining the Defect and Burden of Proof
A defect that appears within six months from the date of delivery is legally presumed to have existed at the time of delivery. In such cases, the burden of proving that the product was not defective falls on the seller. However, consumers cannot exercise these remedies if they were aware of the defect when the contract was concluded.
YOUR RIGHTSConsumer Remedies: What Can You Do?
If you encounter a defective product, the Consumer Protection Law grants you the following remedies:
- Withdrawal from the Contract: Cancel the sales contract and receive a refund.
- Price Reduction: Request a reduction in the purchase price proportional to the defect.
- Free Repair: Request repair of the product at no cost, including all related expenses.
- Replacement with a Defect-Free Equivalent: Request that the product be replaced with a defect-free equivalent.
Time Limits and Practical Application
Requests for free repair or replacement must generally be fulfilled within 30 business days (60 business days for residential properties). In addition to these remedies, consumers may also seek compensation under the Turkish Code of Obligations where appropriate.
LIMITATION PERIODSStatutory Limitation Periods
- General consumer goods: 2 years from delivery.
- Residential properties and real estate: 5 years from delivery.
- Second-hand sales: Not less than 1 year for goods and 3 years for real estate.
Consumer Rights in Light of Turkish Supreme Court Decisions
Turkish Supreme Court, 13th Civil Chamber (File No. 2015/14635)
The Court held that where a vehicle repeatedly suffered from dashboard malfunctions despite multiple repair attempts, replacement of the vehicle with a defect-free equivalent was an appropriate legal remedy.
Turkish Supreme Court, 13th Civil Chamber (File No. 2017/7900)
The Court ruled that where undisclosed repainting and door replacement work was discovered after the purchase of a vehicle, rescission of the sales contract and reimbursement of the purchase price should be granted.
Conclusion: Knowing your rights and acting on accurate legal information is the key to resolving consumer disputes effectively.