Consumer law is a branch of law that concerns both civil law and administrative law. The main reason for establishing consumer law is consumer protection.
All legal acts between the consumer and the seller whereby the consumer purchases goods or services fall under the scope of the Consumer Protection Act in Turkey.
All consumers who come into contact with a defective good or service have rights that they can use against the seller. Antalya lawyer Ceren Topcu İncetaban and her Antalya Law Firm provide legal services in and around Antalya to help you in such case.
• What are defective goods?
According to Article 8 of the same law, the following goods are defective as well ;
Goods that;
- do not carry one or more of the features in its packaging, label, introduction and user manual, internet portal or advertisements and advertisements,
- are contrary to the quality declared by the seller or determined in its technical regulation,
- do not meet the intended use of the equivalent goods,
- contain material, legal or economic deficiencies that reduce or eliminate the benefits reasonably expected by the consumer.
• Material, Economic and Legal defects
Economic defect is the situation in which the consumer cannot provide the income or efficiency that he or she expects to obtain from what is sold under normal conditions.
A legal defect, on the other hand, is a defect that limits the consumer’s right to benefit from what is sold and to dispose of it. For example, the fact that the land purchased for construction purposes appears as a green area in the zoning plan is an example of legal defect. Legal defects arise from prohibitions and restrictions originating from public law.
• What is the seller’s responsibility for defective goods?
According to the provisions of the article, the seller will be responsible for the explanations made through advertisement as well. The exception to this rule is the three cases listed in the same article. Accordingly, if the seller proves one of the below mentioned conditions, he will be released from liability. He needs to prove;
- that he is not aware of the statements made through advertising and that he cannot be expected to be aware of it, or
- the content of the disclosure made through advertisement has been corrected at the time of establishment of the sales contract, or
- the decision to establish a sales contract is not in a causal link with the advertisement statement.
• Who bears the burden of proof for the defective goods?
Further, in cases where the consumer is aware of the defect or is expected to be aware of the defect at the date of conclusion of the contract, there is no breach of the contract. Consumer’s optional rights are reserved against defects other than these. (Article 10/2)
• What are the consumer’s optional rights against defective goods?
Along with one of these optional rights, the consumer also has the right to demand compensation in accordance with the provisions of the Turkish Code of Obligations.
- The consumer can choose from 4 options;
- Renunciation of the purchase agreement
- Discount on the purchase price
- Repair
- Exchange the defective good with an equivalent good
In the event that the consumer chooses one of the above options, the seller is obliged to meet the consumer’s demand. As ALFA Law and Consultancy with our experts in consumer law, we can help you by making the right choice.
Even in the event that a service is provided in a defective manner, the consumer has rights that he / she can use against the service provider. The consumer has also the choice between above mentioned 4 options. In case the consumer prefers one of the above options, the service provider is obliged to meet the consumer’s demand.
• What is the period of limitation to use optional rights in case of defective goods?
In the event that the said periods are missed, it will not be possible for the consumer to exercise their optional rights regarding the defective goods. However, there will be no limitation period if in case of a defect that was known by the seller and hidden before the sale.
• Consumer Arbitration Commission
• Mediation as a condition of litigation
Claims that the parties can freely take part in and that include a certain amount of compensation and receivables are subject to compulsory mediation. Some examples of these claims are;
– Compensation and Receivables Arising from the Delivery of Defective and Defective Real Estate
– Compensation and Receivables from Defective and Defective Products and Services
– Compensation and Receivables Based on the Power of Attorney (Attorneyship) Contract
– Medical Malpractice Compensation and Claims
– Contract of Works ( Furniture Production on Order, Garden Arrangement )
– Transport Agreement
– Brokerage Contracts
– Real Estate Brokerage Agreement
– Insurance Contract
– Power of Attorney Agreement
– Banking Agreements
– Internet, banking and similar contracts
You can count on ALFA Law and Consultancy and our professionals for all your disputes related to Consumer Law. You will be assisted by our experienced lawyers during the mediation procedure as well as during the court case. Antalya lawyer Ceren Topcu İncetaban and her Antalya Law Firm existing of experts in consumer law can assist you during this procedure.
Contact us for comprehensive legal advice in your own language.