Consumer Law

Consumer Law is a branch of law that aims to prevent economic losses and unfair practices consumers may face when purchasing goods and services, while safeguarding their fundamental rights and securities. Relevant legislation, primarily the Law No. 6502 on Consumer Protection, grants consumers rights such as return, exchange, free repair, or price reduction for defective goods and services. It also provides protection in favor of consumers by regulating unfair terms in contracts, misleading advertisements, and commercial practices. This legal framework aims to empower consumers as strong and informed parties, ensure the fair functioning of market dynamics, and establish trust in commercial relationships.

In cases where their rights are violated, consumers can seek legal recourse by first applying to consumer arbitration boards or consumer courts.

Article 11 of the Law No. 6502 on Consumer Protection is one of the most critical regulations protecting consumers against defective products and services. This article outlines four fundamental rights available to consumers if they identify a defect (fault) in a purchased product or a utilized service.

The relevant legal provision grants consumers the right to demand one of the following options against the seller when encountering a defective product. These rights are not sequential but elective; the consumer may directly request the option most suitable for their situation:

  1. Requesting Free Remediation of the Defect: The consumer may demand that the seller repair the defective product free of charge and eliminate the defect.
  2. Requesting Replacement with a Non-Defective Product: The consumer may request the defective product to be replaced with a new, defect-free product of the same quality.
  3. Requesting a Price Reduction: The consumer may accept the product as defective and request a price reduction proportional to the defect.
  4. Withdrawing from the Contract: The consumer may return the product on the grounds of being defective and request a full refund of the amount paid.

 

Regardless of the validity of the claim, failure to exercise these rights within the periods specified by the relevant legislation, failure to interrupt the statute of limitations, or failure to apply to the relevant authorities may result in the case being dismissed on procedural grounds at the end of the litigation process. Therefore, consulting a lawyer specialized in Consumer Law during all aforementioned processes is of great importance.

 


Specialized Lawyers

Av. Ayşe Özge ÖZKURT