What are the Consumer’s Rights in Case of Defective Goods and Services?

A phone that breaks shortly after purchase, a computer that doesn’t have the promised features, or a poorly executed home renovation… These situations, which we can all encounter, are legally referred to as “defective goods” (ayıplı mal) or “defective services” (ayıplı hizmet). The Law on the Protection of the Consumer No. 6502 contains clear regulations that protect consumers in such cases and grant them strong rights. You are not helpless when you don’t get your money’s worth. Here are the fundamental rights you need to know.

What is a Defective Good or Service? 🤔

For a good or service to be considered defective, it is sufficient that it does not possess the features agreed upon between the parties or promised in advertisements.

Examples of Defective Goods:

• A watch sold as waterproof taking in water.

• Glasses with “scratch-proof” lenses getting scratched easily.

• A product labeled “organic” not being organic.

• Furniture breaking shortly after assembly.

Examples of Defective Services:

• A stain not coming out or the garment being damaged at the dry cleaner.

• A moving company damaging items during transport.

• Being given a different room instead of the sea-view room promised in a hotel reservation.

Latent Defect (Gizli Ayıp): Defects that cannot be noticed upon delivery but emerge as the product is used are called “latent defects.” Your rights are protected in this case as well.

The Consumer’s Four Optional Rights

When you encounter a defective good or service, the law offers you four fundamental optional rights. The choice of which of these rights to use belongs entirely to you. The seller cannot force you to accept a specific option (e.g., insisting only on repair).

1. Rescission of Contract (Refund) 💰

   • It is your right to return the product and demand a full refund of the price paid. The seller cannot make a deduction claiming you used the product.

2. Replacement with a Defect-Free Equivalent 🔄

   • You have the right to demand that the defective product be replaced with a new, zero-defect equivalent.

3. Price Reduction in Proportion to the Defect 📉

   • If you do not want to return the product but accept the defect, you can request a discount on the price in proportion to the loss in value of the good.

4. Free Repair 🛠️

   • You have the right to demand that the product be repaired free of charge by the seller, manufacturer, or importer without claiming any costs (spare parts, labor, etc.).

How Does the Process Work and Where to Apply?

Who to Apply To? You can exercise these rights against the seller, manufacturer, or importer of the goods. For services, your addressee is the company providing the service.

Statute of Limitations

• The general statute of limitations for defective goods is 2 years from the delivery of the goods.

• This period is 5 years for immovable properties for residential or holiday purposes.

• If the defect was concealed from you by the seller’s gross negligence or fraud, no statute of limitations applies.

What to Do in Case of Dispute? If the seller does not fulfill your request, you can apply to the following institutions according to the monetary value of the dispute:

• Consumer Arbitration Committee: It is mandatory to apply here for disputes below the monetary limit determined by the Ministry of Trade every year. Applications can be made free of charge via e-Government or district governorships. Its decisions have the nature of a court judgment.

• Consumer Court: For disputes above the determined monetary limit, a lawsuit must be filed in Consumer Courts.

Conclusion As a conscious consumer, remember that you have strong rights granted by law against defective goods or services. Knowing your optional rights and acting within legal time limits ensures the protection of your money and rights. If you cannot reach an agreement with the seller regarding the problems you experience, Consumer Arbitration Committees and Consumer Courts are at your service to seek your rights.