In our legal system, regulations regarding consumer law were first made with Law No. 4077 on the Protection of the Consumer Rights in 1995. In parallel with the needs of society, Law No. 6502 on the Protection of the Consumer entered into force in 2014, and currently, Law No. 6502 is applied in disputes.
Under this law, “Consumer Law”:
It is protective and compensatory in nature, protecting the rights and economic interests of the consumer against the producer, intermediary, and/or seller. It also includes the protection of the consumer’s health, safety/security, and protection against environmental hazards. Consumer Law takes measures to enlighten and raise awareness about what can happen and what should happen, encourages consumers to take protective initiatives, and regulates issues related to the formation of various policies and compensates for consumer losses in accordance with the legal framework, legally guaranteeing consumer rights. Cases falling within this area of law include common disputes and conflicts. The scope of shopping is changing every day. After this change and development, consumers are being deceived and experiencing loss of rights in their legal transactions due to different regulations that are being made every day. Consumer Law protects the consumer who is victimized by not finding what was promised in the product/service they purchased for a certain fee. Consumers in our country do not know what rights they have. It is critically important for consumers to know the path they should follow and to use their rights to remedy the grievances they have experienced. Therefore, being conscious and knowing our rights will enable us to intervene in a timely manner and prevent loss of rights.
In case of damage you have experienced, you can file a lawsuit for material and moral compensation and seek your rights through legal means.
As Mutlu Law Office, we cover all processes related to the consumer within the scope of “Consumer Law” in our activities.
Consumer and Consumer Transaction in Consumer Law When it comes to Consumer Law, it is necessary to explain the concept of “Consumer” first. According to consumer law, a consumer is a person who purchases a product/service for non-commercial and/or non-professional reasons and uses/consumes the product/service in their daily life. The consumer can be a natural person or a legal entity.
In Consumer Law, while the consumer is one party, the other party is the producer, intermediary, seller, and/or service provider and/or individuals acting on behalf of them. The transactions between the parties are also referred to as Consumer Transactions.
What Do We Do at Mutlu Law Office? Mutlu Law Office, which is experienced in Consumer Law;
Specializes in Consumer Law, Commercial Law. It also evaluates the demands within the scope of laws and regulations such as the Law on the Protection of Consumers, the Commercial Code, the Law of Obligations, etc. in many other sectors, resolves disputes, applies to Consumer Arbitration Committees and Consumer Courts in case of problems faced by consumers, resolves disputed issues, follows up on lawsuits, resolves disputes arising from defective goods and services, prepares distance sales contracts, and provides consultancy services and representation in matters related to seeking consumer rights such as repair, replacement, refund, compensation, etc. in judicial authorities.
In addition to informing our consumer clients about their legal rights and providing legal services, we also provide preventive legal services to our clients operating in the manufacturing and retail sectors in order to prevent them from receiving any penalties and provide consultancy services on legislation and practices.
Rights Provided to the Consumer in the Case of Defective Goods/Services
Defective Product: If a product sold does not have the promised features and qualities that it should have according to the seller, or if it has deficiencies in its packaging, labeling, user manual, online description, advertisement, or if it contains faulty parts, then this product/service is considered a “Defective Product” under Consumer Law.
In such a case, the consumer can demand the rectification of the damages caused by the defective product/service by exercising their rights. When a product/service is defective, the consumer can choose one of the following four options (Consumer Protection Law Article 11):
- Declare the cancellation of the contract, notifying that they will return the purchased item (in this case, a refund will also be required).
- Request a discount from the sales price corresponding to the extent of the defect.
- Request the free repair of the product/service, with the expenses being borne by the seller.
- Request a replacement of the defective product with an equivalent item (a product of the same value).
The consumer can choose one of these optional rights, which are protected by the law. The seller is obliged to fulfill the chosen right of the consumer. It is important to note that the seller must be informed about the defective product or service. If these rights are not provided, the consumer can resort to legal action to enforce their rights.
- Defective Service: According to the Law on Consumer Protection No. 6502, a “defective service” refers to a service that does not start within the specified period stated in the contract or does not possess the qualities that it should have, as well as lacking the promised features in online descriptions, advertisements, or announcements, and containing deficiencies in legal, material, or economic aspects that prevent the reasonable benefits expected by the consumer (Consumer Protection Law Article 13).
In the case of a defective service, the consumer has the right to choose one of the following four options:
- Request a revision of the service.
- Request a free repair of the work resulting from the service.
- Request a price reduction corresponding to the extent of the defect.
- Request cancellation of the contract, including a refund of the paid amount.
The consumer is free to exercise one of these rights against the service provider in the case of a defective service. Lawsuits regarding defective products or services are handled by the Consumer Court.
Method and Timeframe for Reporting Defects: In order for the consumer to exercise their optional rights mentioned above, they need to report the defect in the product or service to the seller or service provider. The defect can be reported either in writing or orally.
According to the Law on Consumer Protection No. 6502, although there is no specific timeframe mentioned for reporting defects, it should be reported within a “reasonable period” from the time of becoming aware of the defect, considering the nature of the specific case.
Time Limit for the Consumer’s Claim Right in Cases of Defective Products and Services:
- Time Limit for Defective Products: According to Article 12(1) of the Law on Consumer Protection No. 6502, unless a longer period is specified in the law or in the contract between the parties, the liability for defective products, even if the defect arises later, is subject to a limitation period of two years from the date of delivery of the product to the consumer. For residential or holiday immovable properties, this period is five years from the date of delivery of the immovable property. (2) “In second-hand sales, the seller’s liability for defective products cannot be less than one year, and for residential or holiday immovable properties, it cannot be less than three years, without prejudice to the third paragraph of Article 10 of this Law.” (3) “If the defect in the product has been concealed by gross negligence or fraud, the statute of limitations provisions shall not apply.”
- Time Limit for Defective Services: According to Article 16(1) of the Law on Consumer Protection No. 6502, unless a longer period is specified in the law or in the contract between the parties, the liability for defective services, even if the defect arises later, is subject to a limitation period of two years from the date of performance of the service. (2) “If the defect has been concealed by gross negligence or fraud, the statute of limitations provisions shall not apply.”