Legal Rights of the Consumer Against Defective Goods and Their Use
Definition of Defective Goods
Definition of defective goods Article 8 of the Law No. 6502. it is included in the article. Accordingly, a defective product is a product that is contrary to the contract at the time of delivery to the consumer due to the fact that it does not correspond to the sample or model agreed by the parties, or does not objectively have the characteristics that it should have.
Additionally, in accordance with the aforementioned article, (A) the packaging, the label, the service and troubleshooting guide in advertising and on the internet or does not have one or more of the features contained in the advertisements, (b) reported by the vendor identified in the nature of which is contrary to the technical regulations, or (c) does not meet the intended use of equivalent goods, (d) the reasonably expected benefits to the consumer that reduces or eliminates your financial, legal, or economic deficiencies that contains is considered to be defective merchandise.
With regard to delivery and assembly, the article in question introduced the following regulation:
“Failure to deliver the goods subject to the contract within the time agreed in the contract or not to assemble them as required in cases where their assembly is performed by the seller or under his responsibility is considered to be a performance contrary to the contract. In cases where it is envisaged that the assembly of the goods will be carried out by the consumer, if the assembly was made incorrectly due to an error or lack of assembly instructions, there will be a performance contrary to the contract.”
Responsibility for Defective Goods
9 of Law No. 6502. the article relates to liability for defective goods. Article 1. in its paragraph, it is stated that the seller is obliged to deliver the goods to the consumer in accordance with the contract of sale. Article 2. in its paragraph, the possibility of getting rid of liability for the seller is provided. Accordingly, if the seller proves that he is not aware of the statements made through advertising that are not caused by him and that he cannot be expected to be aware of it, or if the content of the statement is corrected at the time of the contract of sale, or if the decision to create a sales contract is not related to causality with this statement, it will not be related to the content of the statement.
The Burden of Proof
10, which bears the title ”Burden of proof”. in accordance with the article, defects arising within 6 months from the date of delivery are considered to exist on the date of delivery. Therefore, in this case, the proof that the goods are not defective is uploaded to the seller.
In cases where the consumer is aware of the defect on the date of the establishment of the contract or is expected to be aware of it, it has been arranged that there will be no violation of the contract. Other than these, the consumer’s electoral rights are reserved against the shame.
3 Of the said article. the paragraph provides that a label containing descriptive information about the defect of the product should be placed on the defective product to be offered for sale or on its packaging so that the consumer can easily read it by the manufacturer, importer or seller. It is mandatory to provide this label to the consumer or to clearly display descriptive information about the month on the invoice, receipt or sales document provided to the consumer. However, products that do not comply with the technical regulation in accordance with this article may not be offered to the market in any way. The provisions of the Law on the Preparation and Implementation of Technical Legislation on these products and other relevant legislation apply to these products.
Consumer’s Electoral Rights
The consumer’s electoral rights are enumerated in article 11. Accordingly, if it is understood that the product is defective, the consumer has the right to 4 choices. The following are the elective rights granted to the consumer:
Returning from the contract with the notification that you are ready to return the sold,
Detain the seller and ask for a discount on the sale price at the rate of shame,
If it does not require excessive expenses, do not ask for a free repair of the sold one, including all costs belonging to the seller
If possible, do not ask for a shameless replacement of what was sold.
The seller is obliged to fulfill the consumer’s preferred request.
Article 2. in accordance with the paragraph, the rights of free repair or improper replacement of the goods may also be used against the manufacturer or importer. The seller, the manufacturer and the importer are jointly and severally responsible for the fulfillment of these rights. However, the manufacturer and importer have been given the opportunity to get rid of liability. It is clearly written in the article that the manufacturer or importer will not be held responsible if he proves that the defect was born after the product was released by him.
If free repair or replacement of the goods with a defective amount will cause disproportionate difficulties for the seller, the consumer can use one of the rights to return from the contract or discount the price at a defective rate. In determining the disproportionality, considerations such as the indecent value of the goods, the importance of the shame and whether applying for other electoral rights will pose a problem for the consumer are taken into account.
In the event that one of the rights of free repair or replacement of the goods with a shameless amount is selected, the period within which this request must be fulfilled is explained in the article. Accordingly, it is mandatory that the request is fulfilled within a maximum of 30 working days from the time it is directed to the seller, manufacturer or importer, and within 60 working days for residential and holiday real estate. However, in accordance with Article 58 of Law No. 6502. in accordance with the October of the regulation to be issued in accordance with the annex to the list of goods, the consumer’s request for free repair is fulfilled within the maximum repair period established in the regulation. Otherwise, the consumer is free to exercise his other electoral rights.
In cases where the consumer chooses the right to withdraw from the contract or to discount the price at the rate of shame, all of the price he has paid or the amount of the discount made from the price is immediately refunded to the consumer.
All costs incurred due to the exercise of electoral rights are borne by the party that fulfills the right chosen by the consumer. Along with one of these optional rights of the consumer, the right to claim compensation in accordance with the provisions of the Turkish Code of Obligations No. 6098 is reserved.
Timeout
The Statute of Limitations is 12. it is discussed in the article. If a longer period is not specified in the Laws or in the contract between the parties in accordance with this article, the liability for defective goods is subject to a 2-year statute of limitations from the date of delivery of the goods to the consumer, even if Decency has arisen later. This period is 5 years from the date of delivery of real estate for residential or holiday real estate.
In second-hand sales, the seller’s liability for defective goods cannot be less than one year, and for residential or holiday real estate, it cannot be less than 3 years. the third paragraph of Article 10 of the Law No. 6502 is reserved.
However, the provisions of the statute of limitations do not apply if it is hidden by shame, gross defect or deception.
Definition of Defective Goods
Definition of defective goods Article 8 of the Law No. 6502. it is included in the article. Accordingly, a defective product is a product that is contrary to the contract at the time of delivery to the consumer due to the fact that it does not correspond to the sample or model agreed by the parties, or does not objectively have the characteristics that it should have.
Additionally, in accordance with the aforementioned article, (A) the packaging, the label, the service and troubleshooting guide in advertising and on the internet or does not have one or more of the features contained in the advertisements, (b) reported by the vendor identified in the nature of which is contrary to the technical regulations, or (c) does not meet the intended use of equivalent goods, (d) the reasonably expected benefits to the consumer that reduces or eliminates your financial, legal, or economic deficiencies that contains is considered to be defective merchandise.
With regard to delivery and assembly, the article in question introduced the following regulation:
“Failure to deliver the goods subject to the contract within the time agreed in the contract or not to assemble them as required in cases where their assembly is performed by the seller or under his responsibility is considered to be a performance contrary to the contract. In cases where it is envisaged that the assembly of the goods will be carried out by the consumer, if the assembly was made incorrectly due to an error or lack of assembly instructions, there will be a performance contrary to the contract.”
Responsibility for Defective Goods
9 of Law No. 6502. the article relates to liability for defective goods. Article 1. in its paragraph, it is stated that the seller is obliged to deliver the goods to the consumer in accordance with the contract of sale. Article 2. in its paragraph, the possibility of getting rid of liability for the seller is provided. Accordingly, if the seller proves that he is not aware of the statements made through advertising that are not caused by him and that he cannot be expected to be aware of it, or if the content of the statement is corrected at the time of the contract of sale, or if the decision to create a sales contract is not related to causality with this statement, it will not be related to the content of the statement.
The Burden of Proof
10, which bears the title ”Burden of proof”. in accordance with the article, defects arising within 6 months from the date of delivery are considered to exist on the date of delivery. Therefore, in this case, the proof that the goods are not defective is uploaded to the seller.
In cases where the consumer is aware of the defect on the date of the establishment of the contract or is expected to be aware of it, it has been arranged that there will be no violation of the contract. Other than these, the consumer’s electoral rights are reserved against the shame.
3 Of the said article. the paragraph provides that a label containing descriptive information about the defect of the product should be placed on the defective product to be offered for sale or on its packaging so that the consumer can easily read it by the manufacturer, importer or seller. It is mandatory to provide this label to the consumer or to clearly display descriptive information about the month on the invoice, receipt or sales document provided to the consumer. However, products that do not comply with the technical regulation in accordance with this article may not be offered to the market in any way. The provisions of the Law on the Preparation and Implementation of Technical Legislation on these products and other relevant legislation apply to these products.
Consumer’s Electoral Rights
The consumer’s electoral rights are enumerated in article 11. Accordingly, if it is understood that the product is defective, the consumer has the right to 4 choices. The following are the elective rights granted to the consumer:
Returning from the contract with the notification that you are ready to return the sold,
Detain the seller and ask for a discount on the sale price at the rate of shame,
If it does not require excessive expenses, do not ask for a free repair of the sold one, including all costs belonging to the seller
If possible, do not ask for a shameless replacement of what was sold.
The seller is obliged to fulfill the consumer’s preferred request.
Article 2. in accordance with the paragraph, the rights of free repair or improper replacement of the goods may also be used against the manufacturer or importer. The seller, the manufacturer and the importer are jointly and severally responsible for the fulfillment of these rights. However, the manufacturer and importer have been given the opportunity to get rid of liability. It is clearly written in the article that the manufacturer or importer will not be held responsible if he proves that the defect was born after the product was released by him.
If free repair or replacement of the goods with a defective amount will cause disproportionate difficulties for the seller, the consumer can use one of the rights to return from the contract or discount the price at a defective rate. In determining the disproportionality, considerations such as the indecent value of the goods, the importance of the shame and whether applying for other electoral rights will pose a problem for the consumer are taken into account.
In the event that one of the rights of free repair or replacement of the goods with a shameless amount is selected, the period within which this request must be fulfilled is explained in the article. Accordingly, it is mandatory that the request is fulfilled within a maximum of 30 working days from the time it is directed to the seller, manufacturer or importer, and within 60 working days for residential and holiday real estate. However, in accordance with Article 58 of Law No. 6502. in accordance with the October of the regulation to be issued in accordance with the annex to the list of goods, the consumer’s request for free repair is fulfilled within the maximum repair period established in the regulation. Otherwise, the consumer is free to exercise his other electoral rights.
In cases where the consumer chooses the right to withdraw from the contract or to discount the price at the rate of shame, all of the price he has paid or the amount of the discount made from the price is immediately refunded to the consumer.
All costs incurred due to the exercise of electoral rights are borne by the party that fulfills the right chosen by the consumer. Along with one of these optional rights of the consumer, the right to claim compensation in accordance with the provisions of the Turkish Code of Obligations No. 6098 is reserved.
Timeout
The Statute of Limitations is 12. it is discussed in the article. If a longer period is not specified in the Laws or in the contract between the parties in accordance with this article, the liability for defective goods is subject to a 2-year statute of limitations from the date of delivery of the goods to the consumer, even if Decency has arisen later. This period is 5 years from the date of delivery of real estate for residential or holiday real estate.
In second-hand sales, the seller’s liability for defective goods cannot be less than one year, and for residential or holiday real estate, it cannot be less than 3 years. the third paragraph of Article 10 of the Law No. 6502 is reserved.
However, the provisions of the statute of limitations do not apply if it is hidden by shame, gross defect or deception.
You can read our articles and petition examples by clicking here.