Defective Goods in Turkish Consumer Law: The Consumer's Elective Rights, Time Limits and Proof

A new phone breaking down shortly after purchase, furniture delivered damaged, a car lacking the features stated by the seller, or construction defects in a home are among the most common consumer disputes. The Turkish Consumer Protection Law No. 6502 gives consumers strong rights in such cases.

What are defective goods?

Under Article 8, defective goods are goods that, at the time of delivery, do not conform to the contract because they do not match the agreed sample or model or lack the characteristics they should objectively have. Goods that lack features stated on the packaging, label, user manual, website or advertisements, that do not serve the purpose of equivalent goods, or that have material, legal or economic deficiencies reducing or eliminating the benefits the consumer may reasonably expect are also defective. Failure to deliver within the agreed period, or improper installation where the seller is responsible for it, also constitutes non-conforming performance.

The consumer's elective rights

Under Article 11, where goods are found to be defective, the consumer may choose one of the following rights, and the seller must comply with the consumer's choice:

• withdrawal from the contract, declaring readiness to return the goods,
• keeping the goods and requesting a price reduction proportionate to the defect,
• free repair at the seller's expense, unless this involves excessive cost,
• replacement with a non-defective equivalent, where possible.

The rights to free repair or replacement may also be exercised against the manufacturer or importer; the seller, manufacturer and importer are jointly and severally liable for these rights. Where repair or replacement would impose disproportionate difficulty on the seller, the consumer may choose withdrawal or a price reduction. The consumer may also claim damages under the Turkish Code of Obligations together with one of the elective rights.

Repair and replacement deadlines

A request for free repair or replacement must be fulfilled within thirty working days at most from when it is made to the seller, manufacturer or importer, and within sixty working days for residential and holiday properties. Maximum repair periods are also set by regulation for certain goods. If the request is not met within these periods, the consumer is free to use the other elective rights. Where withdrawal or a price reduction is chosen, the price paid or the reduction must be refunded immediately.

Proof: the six-month presumption

Under Article 10, defects that appear within six months of delivery are presumed to have existed at delivery, and the seller bears the burden of proving that the goods were not defective. This presumption does not apply if it is incompatible with the nature of the goods or the defect. If the consumer knew, or could be expected to know, of the defect when the contract was concluded, there is no non-conformity.

Limitation period

Under Article 12, unless a longer period is set by law or contract, liability for defective goods is subject to a two-year limitation period from delivery, even if the defect appears later. For residential or holiday properties, the period is five years. In second-hand sales, the seller's liability may not be less than one year, or three years for residential or holiday properties. The limitation rules do not apply if the defect was concealed through gross negligence or fraud.

Where to apply?

Depending on the value of the dispute, application to a consumer arbitration committee may be mandatory; for higher-value disputes, as a rule, a mediator must be approached before filing suit in the consumer court. We cover these avenues in a separate article.

Practical tips

• Keep invoices, warranty certificates, order and delivery records.
• Document the defect with photos and video when you notice it and notify the seller in writing.
• State clearly in your written notice which elective right you are exercising.
• Keep track of service records and repair dates; if statutory periods are exceeded, you may use your other rights.

This article is for general information purposes only and does not constitute legal advice.