Consumer Law

A refrigerator that breaks down shortly after purchase, an online order that is never delivered, items missing from the contract that show up on the invoice, or a housing project that remains unfinished after its delivery date... What these problems have in common is an unequal balance of power between the consumer and the seller or provider. Consumer law is the area of law that grants consumers special rights to correct this imbalance, and it is governed by Law No. 6502 on the Protection of Consumers.

The law defines a consumer as a natural or legal person acting for non-commercial or non-professional purposes. For someone who buys the same product for a company's commercial activity, the general provisions apply rather than consumer law. Every case is unique; whether a transaction qualifies as a consumer transaction must be assessed separately on the facts. The support of a consumer law attorney helps you plan the process correctly, particularly in high-value home and vehicle purchases or in disputes where the other party is a corporate company.

Defective goods and defective services

Goods are considered defective if, at the time of delivery to the consumer, they do not match the sample or model agreed by the parties, do not have the characteristics they objectively should have, or contradict the qualities stated in advertising and promotional materials. The same approach applies to services that do not meet the qualities agreed in the contract or objectively expected.

Once it is established that the goods are defective, the consumer may exercise one of the optional rights listed in the law:

• Withdraw from the contract by stating that they are ready to return the goods,
• Keep the goods and request a reduction in the sale price in proportion to the defect,
• Request free repair, with all costs borne by the seller, provided it does not require excessive expense,
• Request that the goods be replaced with a defect-free equivalent, if possible.

The seller is obliged to fulfill the consumer's chosen request. The consumer's right to claim compensation under the general provisions is also reserved.

Warranty and repair periods

For goods that must be sold with a warranty certificate, the warranty period begins on the date of delivery and lasts at least two years. If the goods break down during the warranty period, the repair time cannot exceed the maximum period set by regulation according to the product group; this period runs from the date the defect is reported to the service center or seller during the warranty period. Defects that are not repaired within this period, or that recur under certain conditions, may give the consumer additional rights to request replacement of the goods, a refund, or a price reduction. For goods repaired during the warranty period, the time spent on repair is added to the warranty period. Where the service center does not acknowledge the defect, an independent technical assessment or an expert examination during the arbitration committee process may come into play.

Online shopping and the right of withdrawal

In distance contracts, that is, contracts concluded via the internet, telephone, or catalog without meeting the seller face to face, the consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty. In the sale of goods, this period generally begins on the day the goods are received. However, the right of withdrawal cannot be exercised in certain cases listed in the law, such as products made to the consumer's specific requests, perishable goods, and hygiene products whose packaging has been opened.

Unfair terms

Terms that are included in a contract without being negotiated with the consumer and that, contrary to the principle of good faith, cause an imbalance to the consumer's detriment in the parties' rights and obligations are considered unfair terms and are absolutely void. Clauses frequently encountered in banking, subscription, education, gym, and housing sales contracts, such as unilateral price increases or heavy cancellation fees, can be reviewed from this perspective. In subscription contracts of indefinite duration or longer than one year, such as internet, telephone, gym, or magazine subscriptions, the consumer may terminate the contract at any time without giving a reason and without paying a penalty; the provider cannot impose conditions for termination that are more burdensome than the method by which the contract was concluded. However, for subscriptions with a commitment, the contract text should be read carefully, as consequences such as the refund of discounts granted in return for the commitment may arise. For a review before signing a contract, you can visit our contract drafting and review page.

Legal remedies: arbitration committee, mediation, court

1. Written notice to the seller or provider: The defect and the optional right requested are notified in writing; this notice will later serve as evidence.
2. Consumer arbitration committee: For disputes below the monetary threshold that is redetermined each year, applying to the consumer arbitration committee is mandatory. The application can also be made via e-Devlet.
3. Mediation: For disputes outside the jurisdiction of the arbitration committee, applying to a mediator before filing a lawsuit in the consumer court is, as a rule, a prerequisite for the lawsuit; there are exceptions, such as objections to arbitration committee decisions and disputes concerning rights in rem over immovable property.
4. Consumer court: If no agreement is reached in mediation, or if the arbitration committee's decision is appealed, the process continues in the consumer court. The consumer may also file the lawsuit in the consumer court at their own place of residence.

Because monetary thresholds and the scope of mediation may be updated through legislative changes, the current situation must be checked before applying.

Statute of limitations and points to watch

Liability for defective goods is subject to a two-year statute of limitations from the date of delivery, even if the defect appears later, unless a longer period has been agreed. For real estate intended for housing or holidays, this period is five years. If the defect was concealed through the seller's gross negligence or fraud, the limitation period cannot be relied upon.

• Keep the invoice, warranty certificate, service receipts, and correspondence.
• Document the defect and the fault with photos and videos.
• Check whether the fault is recorded correctly in the service records.
• If the dispute involves a large amount, for example in home purchases, plan the process with legal support from the outset.

Our firm's support

Our firm supports consumers and selling companies in disputes arising from consumer transactions, including the preparation of written notices, arbitration committee applications, mediation meetings, and the handling of cases before the consumer court. If the dispute has caused damage, a compensation claim is also assessed separately.