This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ayıplı Mal: Dört Seçimlik Hak ve İki Yıllık Süre.
When you buy defective goods you have four alternative remedies: rescission (refund), a reduction in price proportionate to the defect, free repair, and replacement with a defect-free equivalent (Consumer Act art. 11). The consumer chooses; the seller cannot force you into a repair. A defect appearing within six months of delivery is presumed to have existed at delivery, and the burden of proof lies on the seller.
The phone you bought two weeks ago has failed. The seller says "user error" and the service centre says "outside warranty". Act No. 6502 gives you four remedies and, for the first six months, puts the burden on the seller.
What Counts as Defective
Under Act No. 6502, goods are defective if, at the moment of delivery, they do not conform to the sample or model agreed, or do not have the qualities they objectively ought to have.
A defect is not only a technical fault. Goods that lack the qualities stated on their packaging, label, instructions or in advertising are also defective.
That matters: a promise made in an advertisement by the seller or producer forms part of the contract.
The Four Remedies
Article 11 gives the consumer four options, and the choice is the consumer's:
- Rescission — declaring readiness to return the goods and recovering the price;
- A reduction in price proportionate to the defect, keeping the goods;
- Free repair, where it does not involve disproportionate cost;
- Replacement with a defect-free equivalent.
The seller must comply. Requests for free repair or replacement may also be made against the producer or importer.
Repair or replacement must be carried out within a reasonable period having regard to the nature of the goods and the consumer's intended use, and without significant inconvenience. That period is at most thirty working days.
If it is exceeded, or the same fault recurs after repair, the consumer may switch to another remedy.
| Remedy | Effect | Limit |
|---|---|---|
| Rescission | Goods returned, price refunded | Not available where the defect is trivial |
| Price reduction | Goods kept, price reduced | The reduction reflects the gravity of the defect |
| Free repair | Repaired within at most 30 working days | If exceeded, other remedies become available |
| Replacement | Goods replaced with a new equivalent | May be refused where disproportionate |
Repair and replacement are subject to the seller's defence of disproportionate difficulty. Time during which the goods cannot be used because of repair is added to the warranty period.
The Six-Month Rule
This is the consumer's strongest tool. A defect appearing within six months of delivery is presumed to have existed at delivery.
So in that period the "user error" defence must be proved by the seller; the consumer has to prove nothing.
The presumption does not apply where it is incompatible with the nature of the goods or the defect — a cracked screen plainly caused by external impact, for instance.
After six months, the consumer must show the defect existed at delivery. So when a fault appears, make a written complaint immediately and record the date.
The Limitation Period
Unless otherwise provided, liability for defective goods is subject to a two-year limitation period from delivery to the consumer.
For residential and holiday immovable property the period is five years.
An important exception: where the defect was concealed by gross fault or fraud, no limitation period applies.
The warranty period and the limitation period are different things. A warranty certificate is the producer's undertaking and may exceed two years; it does not limit your statutory rights.
Where to Apply
1. Written complaint to the seller. State expressly which remedy you are choosing. Use e-mail, registered post or a notarised warning notice, and keep proof of delivery.
2. Consumer arbitration committee. Application is compulsory and free for disputes below the statutory threshold. The thresholds are updated annually — check the current figure first.
3. Consumer court. For disputes above the threshold, an action is brought directly. Consumer actions are exempt from court fees.
A committee decision may be challenged before the consumer court within fifteen days of notification.
Attach the invoice or receipt, the warranty certificate, service records, photographs or video of the fault, and the correspondence with the seller.
A defect appearing within six months of delivery is presumed to have existed at delivery, and the "user error" defence must be proved by the seller. So complain in writing on the day you notice the fault, and document the date.
Frequently Asked Questions
What are my rights over defective goods?
Rescission with a refund, a price reduction, free repair, or replacement with a defect-free equivalent. The choice is yours.
How quickly must a repair be done?
Within a reasonable period and at most thirty working days. If that is exceeded or the fault recurs, you may switch remedies.
What is the six-month rule?
A defect appearing within six months of delivery is presumed to have existed at delivery, and the seller must prove otherwise.
What is the limitation period?
Two years from delivery as a rule; five years for residential and holiday property. No period applies where the defect was concealed by fraud.
Where do I apply?
First to the seller in writing. Then the consumer arbitration committee below the threshold, or the consumer court above it.