23 Jan Defective Goods and Optional Rights
Electoral rights are innovative rights that the consumer has to prevent victimization in the face of defective goods or services.
Material conditions related to the current month have been realized in the goods it has purchased, and the consumer who has fulfilled the necessary form requirements has been granted rights as part of the elimination of losses incurred against the seller.
The electoral rights owned by the buyer in accordance with Article 227/I of the Turkish Code of Obligations No. 6098 are listed as follows:
1. Return from contract by declaring that it is ready to return the sold,
2. Keep the sold and ask for a discount on the sale price at the rate of shame,
3. If it does not require excessive costs, request a free repair of the sale, all costs of which belong to the seller,
4. If possible, do not ask for the sale to be replaced with a shameless similar one.
Again, with the law on Consumer Protection No. 6502, the consumer is granted four rights to be elected one of them. The consumer is free to choose one of these rights. The seller, on the other hand, is obliged to fulfill this demand, which the consumer prefers. But as a rule, a consumer who uses one of these electoral rights will not be able to use one of the other electoral rights, returning later from this.
As a matter of fact, the Supreme Court on this issue 13. Legal department dated 18.6.2012 and 2012/9616 E. 2012/15676 K. in its numbered decision, the provision was established as follows:;
“…In light of the provisions of this law and Regulation described, when the case is evaluated, it is understood that the plaintiff has used his right of choice to repair the damage caused and that the damage has been completely eliminated, he can no longer request a refund of the price by returning from the contract. In this case, the decision to dismiss the case should be made in writing is against the procedure and the law and is the cause of violation.”
In the decision, it is clearly stated that the consumer who uses his right to choose cannot return from this right without legal conditions.
Act No. 6502 11. Article 3. In the paragraph ” if free repair or replacement of the goods with the same amount of shame will bring disproportionate difficulties for the seller, the consumer may use one of the rights to return from the contract or discount the price at the rate of shame. An exception has been made to the main principle that “electoral rights cannot be returned from the use” by being called. In cases where the repair of the defective goods is difficult for the seller and where it is impossible to find the defective goods, the consumer is granted the right to return unconditionally from the electoral rights of free repair or replacement with the defective goods.
The issue of the buyer’s exercise of the right of choice has been subject to some limitations in terms of fairness. Such limitations, Article 227 F. 3, f. 4, f. Addressed in 5. Article 227 / f.3 ” the seller can prevent the buyer from exercising his electoral rights by immediately giving the buyer a shameless equivalent of the same product and eliminating all the damage it has suffered.”it is said that the seller may have the opportunity to prevent the buyer from exercising his right to choose by offering a shameless sale. TBK Article 227 f.4, “if the specifics of the concrete event do not justify the way the buyer returns from the contract of his choice, the judge may, in his discretion, decide whether to repair the sold or deduct the sale price.” TBK Article 227 / f.5 “if the shortfall in the value of the sold is too close to the sale price, the buyer may only use one of the rights to return from the contract or request that the sold be replaced with a shameless similar one.
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