Defective goods are goods that do not conform to the qualities agreed in the contract or that lack the features objectively to be expected. A defect is not only a fault: the absence of a feature stated in advertising or on the label, faulty installation, or an incomplete instruction manual are all defects too.
The consumer’s four alternative rights #
Where defective goods are delivered, the consumer may choose whichever they wish of the four rights below. The seller cannot impose on the consumer which right to use:
- Free repair: having the goods repaired at no cost. Labour, replaced parts and shipping charges are for the seller’s account.
- Replacement with goods free of defect: exchanging the product for the same product.
- Reduction in price: a reduction in the sale price in proportion to the defect. Suitable for those who want to go on using the product.
- Rescission of the contract: returning the product and recovering the price paid.
Where repair or replacement is requested, it must be carried out within a maximum of thirty working days of the request being notified. For residential and holiday property that period is sixty working days. If the period is exceeded, the consumer can move to their other alternative rights.
Legal basis: The consumer’s optional rights are set out in Article 11 of the Law No. 6502 on Consumer Protection, and the period of liability for defects in Article 12.
The two-year period and hidden defects #
Liability for defects lasts two years from the date of delivery; for residential and holiday property it is five years. If a longer guarantee period has been promised, that period applies.
Where the defect has been concealed by gross fault or deceit, the limitation period does not run. That is, a seller who knew of the defect and concealed it cannot rely on the two-year period. This is the rule most often invoked in second-hand car sales: where a record of serious damage has been concealed, the time limit does not apply.
Who bears the burden of proof? #
Defects that emerge within six months of the date of delivery are presumed to have existed at the time of delivery. During that period the burden of proof lies with the seller; it is for the seller to prove that the product was free of defect or that the defect arose from the consumer’s misuse.
After six months the burden passes to the consumer. That is why making a written application without delay when the problem is noticed matters, so that the date is recorded. Service dockets, e-mails and message records should be kept.
Where should the application be made? #
The order of application is as follows:
- First, a written application to the seller. E-mail, registered post with acknowledgment or a notarial warning can be used. State your claim and the right you have chosen clearly.
- The consumer arbitration committee. Application is compulsory in disputes below the monetary limit, which is updated annually in the law; below that limit a claim cannot be brought directly. Application is free and can be made through e-Devlet.
- The consumer court. Used for disputes above the monetary limit and where a committee decision is challenged. No fee is charged in consumer claims.
A committee decision can be challenged before the consumer court within two weeks of service. If it is not challenged, the decision becomes final and can be enforced.
Applying to the committee, step by step #
- Identify the competent committee. Application can be made to the committee at the consumer’s place of residence or at the place where the transaction took place. The distinction between district and provincial committees turns on the monetary value of the dispute.
- Make the application. It can be made online through the consumer information system on e-Devlet, or by hand with a written application. No fee is charged.
- Attach the documents. The invoice or record of payment, the guarantee certificate, service dockets, the written application you sent the seller and any photographs and video recordings.
- State your claim clearly. Say expressly which alternative right you are using and the amount you seek. Vague claims lead to incomplete assessment.
- Await the decision. The committee concludes the application within six months as a rule; that period can be longer depending on its caseload.
The guarantee certificate and the duty to provide service #
The guarantee period is at least two years, and time spent in repair is added to it. Where the same fault recurs more than twice, or more than four different faults arise, the product is treated as having become unusable through constant breakdown and the consumer can seek replacement or a refund directly.
The manufacturer and the importer are obliged to keep spare parts and to provide maintenance throughout the useful life fixed by law, even after the guarantee period has ended. Failure to meet that obligation is a separate ground for an application.
From whom can it be claimed? #
The consumer exercises their alternative rights against the seller. For claims of free repair and replacement, the manufacturer and the importer are also liable jointly and severally with the seller. That is, if the shop where you bought the product has closed, you can direct your claim to the importer.
If loss has been caused by the defective goods — if a faulty appliance has caused a fire, for instance — that loss is compensated separately and the manufacturer is also held liable under product liability.
Not to be confused with the right of withdrawal in distance selling #
In purchases made online the consumer has a right to withdraw within fourteen days without giving any reason. That right is independent of whether the goods are defective. On withdrawal the product is returned and the price is repaid within fourteen days. If the product is sent back with the carrier the seller named for returns, or the seller named no carrier at all, the consumer cannot be charged for return shipping.
With defective goods, by contrast, the period is two years and the alternative rights come into play. Confusing the two leads consumers to think they have no rights left once the withdrawal period has passed; yet where there is a defect the period is far longer.
If matters have reached the stage of recovering the debt, see our guide to enforcement proceedings and objections, and for the subject as a whole our consumer law page.
Not every purchase counts as a consumer transaction #
The protection of the Consumer Act operates only for natural or legal persons acting for a purpose that is not commercial or professional. If you bought the goods to use in your business — a computer or a vehicle for your undertaking, say — the dispute is subject not to consumer law but to the general and commercial provisions. In that case no application can be made to the arbitration committee, the fee exemption of the consumer court is not available and the time limits run differently.
In second-hand purchases the distinction is drawn by reference to the seller: if the seller is a trader or a company, the consumer provisions apply; if the seller is also a consumer (a sale between individuals), the dispute is resolved under the general provisions.
The monetary limits change every year #
The monetary limits that determine whether to apply to the arbitration committee or to the court are updated annually at the revaluation rate and published in the Official Gazette. An application made by reference to last year’s limit can be dismissed for want of jurisdiction in the new year, and the time lost cannot be made good for some claims.
Two things therefore need to be confirmed before applying: the limit for the current year and the real amount of the claim. The claim is not made up of the price of the goods alone — once interest, expenses incurred and any loss suffered are added, the amount can rise above the limit and the correct forum changes.
Is a committee decision binding? #
Consumer arbitration committee decisions are binding on the parties and have the character of a judgment: if the decision is not complied with, enforcement proceedings are started directly and there is no need to bring a fresh claim.
A challenge is made to the consumer court within two weeks of service. The court’s decision on the challenge is final. A challenge does not of itself stay enforcement of the decision; if a stay is wanted, an interim order must also be sought from the court. In practice consumers who learn that the seller has challenged the decision often wait and lose time — the fact that a challenge has been made does not mean the decision will not be enforced.
An extra possibility where the product was bought by credit card #
Where the product was bought by credit card instalments or using a linked credit, the consumer’s rights are not confined to the seller. In linked credit contracts, where the goods are not delivered at all or not delivered properly, the consumer can make a claim against the seller and the lender together; the lender is liable to the same extent as the seller.
In files where the seller has run into payment difficulty or closed the business, this can be the consumer’s only real possibility. On rescission of the contract the credit contract also comes to an end and the return of the instalments paid comes into play.
