The concept of defective goods is regulated in the Law No. 6502 on the Protection of Consumers and the rights granted to consumers,the time-out and the circumstances in which the seller is responsible.
Furthermore, in the Turkish Code of Obligations No. 6098, the cases in which the seller is held responsible for the defect are also regulated.
However, in the case of disputes between the parties, the purpose of the law is to clarify the purpose of the purchase of the goods purchased by the consumer.
Namely; The concept of consumer regulated in the Law No. 6502 on Consumer Protection; real and legal persons acting for commercial or non-professional purposes. Therefore, the protection area of Law No. 6502 includes consumers who do not act for commercial and professional purposes.
For the real and legal persons acting for commercial and professional purposes, the Turkish Code of Obligations no. 6098 and the Turkish Commercial Code no.
What is defective goods, What are the types?
Article 8 of the Law No. 6502 on the Protection of Consumers defines defective goods and the article is arranged as follows;“Not carrying one or more of the features contained in its packaging, label, identification and user guide, on the internet portal or in its advertisements and advertisements; that is contrary to the quality reported by the seller or as determined in the technical regulation; goods that do not meet the intended use of their counterparts, which reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.”
Defects that occur within 6 months from the date the goods are delivered to the consumer by the seller are deemed to exist on the date the goods are delivered. In this case, the seller is obliged to prove that the goods are not defective. This is clearly stated in the Law. However, if the shame in the goods does not comply with the quality of the goods, this presumption shall not apply.
Types of defect are two types:clear defect and hidden defect.
What are the rights of the consumer against defective goods?
Consumer; if goods is defective;
- a) Return of the contract by declaring that it is ready to return the sold person,
- b) Retain the sold and request a discount from the sale price at the rate of defect,
- c) To request free repair of the sold at all costs, if it does not require excessive costs,
- ç) If it is possible, it has the right to request that the sold be replaced with a non-defective amount.
The consumer is free to use one of the four rights granted to him by the Law.
The consumer may use the right to request replacement of defective goods and repair free of charge against the manufacturer and importer as well as the seller. In this case, the manufacturer, seller and importer are jointly liable for defective goods. However, if the manufacturer or importer can prove that the goods are defective after placing the goods on the market, their liability will be void.
In the case that the consumer creates a disproportionate difficulty for the seller by replacing the defective goods in many times or by using the right to repair free of charge, the consumer may use one of the right to return from the contract and request a refund or a discount at the rate of defect. In determining the disproportion, the value of the goods shall be taken into consideration, such as the importance of the shame and whether the application of other optional rights may constitute a problem for the consumer.
In case the consumer replaces the defective goods in many times or chooses the right to repair for free, the manufacturer, seller and importer are obliged to fulfill it within 30 (thirty) working days from the directing of this right, and within 60 (sixty) working days for residential and holiday properties.
The law allowed the consumer to use the right to request a discount from the sale price and return from the contract only against the seller. Therefore, it is not possible to use these two rights against the manufacturer or importer other than the seller.
In addition to these optional rights, the consumer is entitled to compensation from the manufacturer in case of death and / or injury caused by the defective product or if it causes damage to other goods due to the use of the defective product. Even if the seller does not know that the goods sold are defective, this responsibility cannot be relieved
Liability for defective goods is subject to a period of two years from the date of delivery of the goods to the consumer, even if the defect arises later.
For residential or holiday properties, this period is five years. However, a longer period of time can be foreseen by a contract between the parties. It is not possible to conclude an agreement regarding the statute of limitations below the minimum period specified in the law in the contracts to be concluded between the parties. However, for residential and holiday properties, this period can be arranged in a way not to be less than three years.