Consumer Law

Under Article 11 of the Consumer Protection Act No. 6502, the consumer may choose one of the following rights: withdrawal from the contract by declaring readiness to return the goods sold, retaining the goods and requesting a price reduction proportionate to the defect, requesting free repair provided it does not require excessive expense, or requesting replacement with a defect-free equivalent where this is possible.

Fulfilling the chosen right is the seller's obligation. A request for repair or replacement must be fulfilled within a maximum of thirty working days, or sixty working days for immovable property intended for housing or holiday purposes.

If the request is not met within the period, the consumer may switch to one of the other alternative remedies. This switch must be recorded through a new notification.

Under Article 12 of the Act, liability arising from defective goods is subject to a two-year limitation period running from the date the goods were delivered to the consumer, even if the defect appears later.

For immovable property intended for housing or holiday purposes, this period is set at five years. The period begins to run from the date of delivery.

If the defect was concealed through gross fault or fraud, the limitation period cannot be relied upon. For this reason, whether the defect was concealed is separately examined.

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The warranty period begins on the date the goods are delivered and cannot be shorter than the minimum period set by law. Providing the warranty certificate to the consumer is mandatory.

If use of the goods is restricted during the repair period covered by the warranty, the time that passes is added to the warranty period. Exceeding the repair period gives rise to the alternative remedies.

The manufacturer and the importer are obliged to provide spare parts and after-sales service throughout the specified service life. Breach of this obligation gives rise to an administrative sanction.

Under Article 48 of the Act, in distance contracts the consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty.

To exercise the right of withdrawal, it is sufficient for notice to be given to the seller within the period. Giving notice in writing or through a durable medium provides proof.

Certain products and services are subject to exceptions to the right of withdrawal. Custom-made products and goods that perish quickly fall within this scope.

The consumer may terminate a subscription agreement of indefinite duration, or one longer than one year, without giving any reason. Notice may be given by the same method the contract was formed.

The service must be stopped within a certain period from receipt of the termination notice. Charges accruing despite non-cessation may not be demanded.

The unused portion of any amount paid in advance must be refunded. It is advisable to make the refund request in writing and to keep the payment records.

In timeshare contracts, the consumer is granted a right of withdrawal, and requesting payment during the withdrawal period is restricted. This protection matters for sales made at promotional meetings.

In pre-paid housing sales, the seller is required to provide security, and the contract must be executed in official form. A sale without security poses a serious risk for the consumer.

If the delivery period is exceeded, the consumer may withdraw from the contract. In the event of withdrawal, the amounts paid must be refunded and the damages arising from the delay must be compensated.

The consumer has the right to withdraw from the contract within fourteen days. In the event of withdrawal, no amount other than the principal and interest may be demanded.

If the loan is repaid early, a corresponding reduction must be made in the interest and costs. It is advisable to request the bank's calculation supported by documentation.

Unfair terms in the contract that create an imbalance to the detriment of the consumer are void. A refund claim may be raised in respect of such terms.

A term included in the contract without being negotiated with the consumer, and which upsets the balance between the parties to the detriment of the consumer, is considered an unfair term. Such terms do not bind the consumer.

The fact that a contract is a standard printed form is strong evidence that it was not negotiated. The burden is on the seller to prove otherwise.

Even if an unfair term is held void, the remaining provisions of the contract remain in effect. For this reason, the claim is directed only at the relevant provision.

If the value of the dispute is below the monetary threshold set by law, applying to the consumer arbitration committee is mandatory. For disputes above the threshold, the consumer court has jurisdiction.

Since the monetary thresholds are updated every year, the current amount should be confirmed before applying. An application made to the wrong body results in a loss of time.

Decisions of the arbitration committee may be objected to before the consumer court. The objection period runs from service of the decision.

The application is made to the arbitration committee of the consumer's place of residence or of the place where the transaction took place. Electronic applications are also possible.

The application should be accompanied by the contract, the invoice, proof of payment, the warranty certificate and correspondence with the seller. The amount and grounds of the claim must be clearly stated.

The decision is issued on the basis of the file and served on the parties. Once final, the decision may be enforced through execution proceedings.

In İzmir, the provincial and district consumer arbitration committees operate under the provincial directorate of trade and the district governorships. The application may be made according to the consumer's place of residence.

For disputes exceeding the monetary threshold, the consumer courts within the İzmir Courthouse have jurisdiction. In districts with no consumer court, the civil court of first instance acts in that capacity.

Choosing the correct forum for the application prevents the file from being needlessly forwarded to another body. This saves time in low-value disputes.

For disputes heard before consumer courts, applying to a mediator before filing suit is set out as a procedural prerequisite to filing suit. This condition applies to certain types of disputes.

Disputes falling within the jurisdiction of the consumer arbitration committee, and objections to the committee's decisions, are not covered by this requirement. The distinction is made according to the value of the dispute.

If an agreement is reached, the resulting document acquires enforceable status. If no agreement is reached, the final minutes must be attached to the statement of claim.

Cases filed before consumer courts are exempt from court fees. This exemption significantly reduces the cost of filing a case.

An advance on costs must nonetheless be deposited for expenses such as service of process and expert examination. Failure to deposit the advance may result in the case being deemed not filed.

Applying to the consumer arbitration committee is also free of charge. For this reason, the committee route offers a cost advantage in low-value disputes.

The contract, the invoice or receipt, proof of payment, the warranty certificate, and shipping and delivery records are the basic documents. Keeping these documents forms the basis of the claim.

Correspondence with the seller, complaint records and service forms show that the defect was reported. It matters that they carry a date.

Photographs of the product and, if available, a technical service report demonstrate the nature of the defect. These documents support the grounds for the alternative remedy.