This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tüketici Hakları: Ayıplı Ürün ve Hizmetlerde Haklarınız.
When goods you buy turn out to be defective you have four elective remedies, and the choice is yours: rescission of the contract, a reduction in price, free repair, or replacement with a conforming item (Article 11 of the Consumer Protection Act). Where you take the claim is decided by its monetary value: below the annual threshold, applying to the consumer arbitration committee is compulsory.
Consumer Protection Act no. 6502 gives consumers strong protection. This article sets out the remedies available for defective goods and services, where to take a claim, and the deadlines to watch.
What Are Defective Goods?
Goods are defective if they do not have the characteristics stated on their packaging, label, instructions or in advertising. Goods that lack qualities the seller promised orally are also defective.
Common examples: a manufacturing fault in a television screen, stitching that comes apart on new shoes, a scratch on a computer case, or an electronic device that does not perform as specified.
The law distinguishes two categories:
- An apparent defect: one visible on delivery and detectable on ordinary inspection. Apparent defects must be notified to the seller within 30 days of delivery.
- A latent defect: one not noticeable on delivery, emerging in ordinary use. It must be notified within a reasonable time of being discovered. The general forfeiture period is 2 years from delivery (which can be reduced to 1 year for second-hand goods).
The Four Elective Remedies
Under Article 11, where goods are found to be defective the consumer may choose one of four remedies. There is no hierarchy between them: the consumer chooses, and the seller cannot refuse the chosen remedy without good reason.
- 1. Free repair. Repair by the manufacturer or seller at no cost. The maximum repair period is set by regulation: 20 working days, and 30 working days for residential and holiday property. If that period is exceeded, the consumer may move to another remedy.
- 2. Replacement. Exchange for a conforming item of the same specification. The seller cannot refuse on grounds such as lack of stock; where that happens, the consumer turns to the other remedies.
- 3. A refund. Exercising the right to rescind the contract and recover the price paid in full.
- 4. A reduction in price proportionate to the defect, keeping the goods. A suitable option for those who do not want to return or exchange the item.
“The consumer must notify the seller of apparent defects within thirty days of delivery. For latent defects that period runs from the discovery of the defect.” — Consumer Protection Act, Article 11
Which Remedy to Choose
Although the choice is free, it is worth weighing the situation:
- Small, curable defects: repair is usually the quickest solution.
- Recurring faults: where the same fault has appeared more than once within the guarantee period, replacement or a refund is more sensible.
- Defects that create a safety risk (fire, electric shock): a refund may be claimed directly, without waiting for a repair.
- The maximum repair period being exceeded: the consumer need not keep waiting and may move to replacement or a refund.
| Situation | Suitable remedy |
|---|---|
| The item does not work at all; confidence is gone | Rescission (refund) |
| The defect is small and the item is usable | Reduction in price |
| The item is repairable and will go on being used | Free repair |
| A mass-produced item that can be exchanged | Replacement with a conforming item |
| The repair exceeded the maximum period (20 working days; 30 for residential and holiday property) | Move to another remedy |
| The same defect keeps recurring | Replacement or rescission |
A defect appearing within six months of delivery is presumed to have existed at delivery; the burden of proving otherwise lies on the seller.
Applying to the Consumer Arbitration Committee
The committee, established by Article 66, is an administrative body that gives binding decisions in consumer disputes below a defined value. It is free to apply to and relatively quick, which makes it the route consumers use most.
Applying is compulsory for disputes below the annual threshold; above it, proceedings are brought directly in the consumer court. The thresholds are updated each year.
How to apply:
- Online through the e-government portal's consumer application service.
- In person by petition to the district or provincial directorate of trade.
- Attach the proof of purchase (invoice or receipt), correspondence, photographs and any service records.
Decisions are binding; once final, they can be enforced through an enforcement office. A party wishing to challenge a decision may apply to the consumer court within 15 days of service.
The Right of Withdrawal
In distance contracts — doorstep sales, telephone sales and above all online shopping — a consumer may withdraw from the contract within 14 days, without giving reasons and without penalty. Time runs from the day the goods are delivered.
Points to note:
- It is enough to send the notice of withdrawal within the 14 days; a further 10 days is allowed for returning the goods.
- The seller bears the cost of return carriage unless the contract expressly provides otherwise.
- The seller must refund the payment within 14 days of the notice of withdrawal.
There is no hierarchy between the four remedies. A seller who says “we only repair” is wrong: the consumer chooses, and the seller may not refuse the chosen remedy without good reason. Where the maximum repair period is exceeded, the right to move to another remedy arises automatically.