In today’s consumption-oriented world, it may be inevitable for consumers to experience problems with the goods and services they purchase. In such cases, it plays a critical role for consumers to know their rights and learn how to use these rights in order to prevent victimisation. In Turkey, the rights of consumers are secured by the Law No. 6502 on Consumer Protection. This law aims to protect the economic interests of consumers, ensure their health and safety, compensate them for damages and protect them from environmental risks.
Legal Framework: Consumer Concept and Defective Goods
A consumer is a natural or legal person acting for commercial or non-professional purposes. That is, anyone who purchases a good or service for their own personal needs is considered a consumer. The Law on Consumer Protection contains the basic regulations for consumer protection. In particular, the Law defines the concepts of “defective goods” and “defective services” and provides consumers with various optional rights in these cases.
Law on Consumer Protection – Article 8: Defective Goods
(1) A defective good is a good which, at the time of delivery to the consumer, is contrary to the contract because it does not conform to the sample or model agreed upon by the parties or does not have the characteristics that it should objectively have. (2) Goods that do not carry one or more of the features specified in the packaging, label, introduction and user manual, internet portal or advertisements and announcements; that are contrary to the quality declared by the seller or determined in the technical regulation; that do not meet the intended use of the equivalent goods, that contain material, legal or economic deficiencies that reduce or eliminate the benefits that the consumer reasonably expects are also considered defective.
Consumer’s Optional Rights in case of Defective Goods
When the consumer purchases a defective good, he/she may exercise one of the four basic optional rights under Article 11 of the Law:
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Right to Return from the Contract: The consumer has the right to return the defective goods and request a full refund of the price paid. In this case, the seller must take back the goods and refund the price. This right is generally preferred in cases where the defect is significant and the product cannot fulfil its basic functions.
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The Right to Request a Discount from the Sales Price: The consumer may not return the defective goods and request a discount from the sales price in proportion to the defect. This right may be appropriate in cases where the defect does not completely prevent the use of the product but reduces its value. The amount of discount is determined according to the nature of the defect and the value of the product.
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Right to Free Repair: The consumer may request that the goods be repaired free of charge, provided that it does not require an excessive expense. The seller is obliged to fulfil this request. The maximum period of repair varies according to the type of goods, but is usually 20 working days. If the goods cannot be repaired within this period or the same defect recurs after repair, the consumer may exercise other rights.
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The Right to Request Replacement of the Goods with a Defect-Free Exemplar: If possible, the consumer may request the replacement of the defective goods with a new one without defects. This right is preferred especially in mass production products and in cases where it is not possible to eliminate the defect. The Seller is obliged to fulfil this request.
Exercise of Rights and Application Process
The consumer must notify the seller of the defect within 6 months from the date of receipt of the defective goods. However, if the defect is hidden and cannot be understood by an ordinary inspection, this period is 2 years from the delivery of the goods. This period is 5 years for immovable goods for residential or holiday purposes.
The steps to be followed to exercise the rights are as follows:
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Application to the Seller: Firstly, the seller should be applied to in writing or verbally together with the invoice of the defective goods, warranty certificate and other relevant documents. In the application, it should be clearly stated which optional right is used. Written application is stronger in terms of proof.
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Application to the Consumer Arbitration Committee: In case of failure to reach an agreement with the seller, Consumer Arbitration Committees can be applied to according to the monetary value of the dispute. Consumer Arbitration Committees are in charge within the monetary limits determined every year. These committees aim to resolve disputes quickly and free of charge. The application is made to the Consumer Arbitration Committee in the place of residence of the consumer or the place where the consumer purchased the goods.
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Application to the Consumer Court: In disputes exceeding the monetary limit of the Consumer Arbitration Committees or parties wishing to appeal the decision of the committee may apply to the Consumer Courts. Consumer Courts are authorised to hear disputes arising from the Law on Consumer Protection.
Other Consumer Rights
In addition to defective goods, the Law on the Protection of Consumers also provides consumers with many other rights:
- Right of Withdrawal in Distance Contracts: In distance shopping such as internet and telephone, the consumer has the right to withdraw from the contract within 14 days without any justification and without penalty.
- Warranty Certificate Right: It is obligatory to provide a warranty certificate by the manufacturer or seller for many purchased products. Defects occurring in the product during the warranty period are repaired free of charge.
- Protection Against Unfair Terms: Unfair terms in consumer contracts that create an imbalance against the consumer are deemed invalid.
Consumer rights have been established to prevent the victimisation of consumers and to provide a fair trade environment. The consumer who encounters a defective product has important optional rights such as refund, discount, free repair or product replacement. The effective use of these rights is important both for the protection of individual consumers and for increasing the overall quality in the market. In case of any consumer problem, it is necessary to first contact the seller, and if the problem is not resolved, it is necessary to apply to the Consumer Arbitration Committees or Consumer Courts.