05 Feb Consumer’s Legal Rights Against Defective Goods
The definition of defective goods is given in Article 8 of the Law No. 6502. According to this; defective goods, goods at the time of delivery to the consumer, the sample or model decided by the parties to be incompatible with the contract or the object does not have the features that should be contrary to the contract.
Pursuant to the aforementioned provision, (a) does not contain (a) one or more of the features contained in its package, label, identification and operating instructions, on the Internet or in advertisements and advertisements; (d) goods that contain material, legal or economic deficiencies that do not meet the intended use of the goods that are equivalent, and which reduce or eliminate the reasonable benefits expected by the consumer.
With regard to delivery and installation, the article in question has brought the following regulation:
Failure to ensure that the goods subject to the contract are not delivered within the agreed period of time or assembled properly by the seller or under his responsibility shall be deemed to be contrary to the contract. In cases where the installation of the goods is intended to be carried out by the consumer, if the assembly has been made incorrectly due to an error or deficiency in the assembly instruction, it will be contrary to the contract.
Liability for Defective Goods
Article 9 of Law No. 6502 is related to defective goods. It is stated in paragraph 1 of the article that the seller is obliged to deliver the goods to the consumer in accordance with the sales contract. In article 2 of the article, the seller has been given the opportunity to get rid of the responsibility. Accordingly, if the seller proves that he is not aware of the statements made by himself and that he is not aware of the announcements made by himself, or that the content of the statement is corrected at the time of the contract of sale, or if the decision to establish a sales contract is not related to the causality with this explanation, he shall not be bound by the content of the disclosure.
Burden of Proof
According to Article 10 which carries the title of ir burden of proof madde, it is accepted that the defect that occurred within 6 months after the delivery date is present at the delivery date. Hence, in this case the proof that the goods are not defective is uploaded to the seller.
In the event that the consumer is aware of the meeting or is expected to be aware of the contract at the date of the agreement, it is stated that there will be no violation of the contract. Except for these, the consumer’s elective rights are reserved.
Paragraph 3 of the aforementioned article provides a label on defective goods to be put on sale or a label containing explanatory information about the goods to be easily read by the producer, importer or seller. It is compulsory that this label is given to the consumer or that the explanatory information about the bear is clearly shown on the invoice, receipt or sales document issued to the consumer. However, products which do not comply with the technical regulation in accordance with the said article cannot be put on the market in any way. The provisions of the Law on the Preparation and Implementation of Technical Legislation for Products and other relevant legislation shall apply to these products.
Consumer rights are listed in Article 11. Accordingly, if the goods are found to be defective, the consumer has 4 optional rights. The elective rights granted to the consumer are:
Returning from the contract by declaring that it is ready to give back
Retention of the sale price of the sale price discount,
If you do not incur an excessive cost, ask the seller to repair the free of charge for all expenses
If there is a possibility, ask for the sale to be replaced with a non-defective number.
The seller has to fulfill the demand of the consumer.
The right to free repair or replacement of the goods in accordance with paragraph 2 of the Article may also be used against the manufacturer or importer. The seller, the manufacturer and the importer are jointly responsible for the fulfillment of these rights. However, the manufacturer and the importer have been given the opportunity to be free from responsibility. If the producer or importer proves that he was born after the goods were placed on the market by himself, the article was clearly written in the article.
In the event that free repair or replacement of goods with disproportionate misfits will result in disproportionate difficulties for the seller, the consumer may use one of the rights of discount from the contract or the rate of shame. The determination of disproportion shall take into account the unspecified value of the goods, the importance of the disbursement and whether the application of other optional rights would pose a problem for the consumer.
In case of free repair or one of the rights to replace the goods with the non-disguised number, the time period in which this request should be fulfilled is explained in the article. Accordingly, it is mandatory that a maximum of 30 working days after the request is directed to the seller, the manufacturer or the importer, and within 60 working days for the housing and holiday properties. However, according to the article 58 of the Law No. 6502, the request for free repair of the goods in the annex to the regulation annexed to the list shall be fulfilled within the maximum repair period specified in the regulation. Otherwise, the consumer is free to use his other optional rights.
In cases where the consumer chooses the right to discount from the contract at the rate of return or shame, the amount of the total price or the amount of the discount is immediately returned to the consumer.
All costs incurred due to the exercise of optional rights shall be borne by the party that fulfills the right of the consumer. The consumer reserves the right to claim compensation in accordance with the provisions of the Turkish Code of Obligations No. 6098.
The statute of limitations is discussed in Article 12. In accordance with the aforementioned article, if a longer period of time is not determined in the Law or between the parties, the liability of the defective goods is subject to a 2-year period from the date of delivery of the goods to the consumer even if the defect has occurred later. This period is 5 years from the date of delivery of the immovable property for residential or holiday purposes.
In second-hand sales, the seller cannot be liable for defective goods for less than one year, and for immovable properties intended for housing or vacation less than 3 years. The third paragraph of Article 10 of the Law No. 6502 is reserved.
However, the statute of limitations does not apply if it is disguised by shame, serious flaw or cheating.