IN CASE OF DEFECTIVE PERFORMANCE, THE CONSUMER’S ELECTORAL RIGHTS
Electoral rights are rights that have an innovative nature that the consumer has to prevent victimization in the face of defective goods or services.

The material conditions related to the existing defect in the goods that it has purchased have been realized and the consumer who has fulfilled the necessary form requirements has been granted rights within the scope of eliminating the damages suffered against the seller.

according to Article 227/I of the Turkish Code of Obligations No. 6098, the electoral rights owned by the buyer are listed as follows:

1. Returning from the contract with the notification that you are ready to return the sold,
2. Detain the seller and ask for a discount on the sale price at the rate of shame,
3. If it does not require an excessive expense, do not ask for a free repair of the sold one, including all costs belonging to the seller,
4. If possible, do not ask to replace the one that was sold with a shameless similar one.

Dec, with the Law No. 6502 on Consumer Protection, the consumer is also granted four rights, one of which is to be selected. The consumer is free to choose one of these rights. The seller is obliged to fulfill this request, which is preferred by the consumer. However, as a rule, the consumer who uses one of these optional rights will not be able to use one of the other optional rights by returning from it later.

As a matter of fact, the Supreme Court of Cassation on this issue is 13. 18.6.2012 of the Law Department and 2012/9616 E. 2012/15676 K. in its decision No. 1, the provision was established as follows;

“…When the subject matter of the case is evaluated in the light of the provisions of these laws and regulations described, the plaintiff can no longer request a refund by returning from the contract, as it is understood that he has exercised his right of choice in the direction of repairing the damage caused and the damage has been completely repaired. As such, it is contrary to the procedure and the law to decide in writing when it is necessary to decide to dismiss the case and this is the reason for the violation.”

In the decision, it is clearly stated that the consumer who uses his/her right of choice cannot return from this right without legal conditions.

11 of the law No. 6502. Article 3. In the paragraph “If the free repair or replacement of the goods with a shameless amount will cause disproportionate difficulties for the seller, the consumer may exercise one of the rights to return from the contract or discount the price at the rate of a shame. An exception has been made to the main principle that “The Exercise of Electoral Rights Cannot be Reversed” by saying “. With this provision, in cases where repair of defective goods is difficult for the seller, as well as in cases where it is impossible to find a defective product, the consumer has been granted the right to free repair or replace it with a defective one, to unconditionally return from their electoral rights.

The subject of the buyer’s exercise of his/her right of choice has been subject to certain limitations in terms of fairness. These restrictions are in accordance with Article 227 f of the Turkish Commercial Code. 3, f. 4, f. it is discussed in 5. Article 227/ f.3″The Seller can prevent the buyer from exercising his/her rights of choice by immediately giving an indecent analogue of the same good and eliminating all of the damage suffered.”it is said that the seller may have the opportunity to prevent the buyer from exercising his right of choice by offering a dishonorable sale. Article 227 f of the Turkish Commercial Code.4. “if the specifics of the concrete event do not justify the buyer’s chosen way of returning from the contract, the judge will be able to use his discretion to decide whether to repair the sold or reduce the sale price”. Article 227/f of the Turkish Commercial Code.5 if “The buyer can only exercise one of the rights to withdraw from the contract or request that the sold be replaced with a dishonorable similar if the shortfall in the value of the sold is too close to the sale price.”