How to File a Defective Goods Claim in Turkey

Where a purchased good does not have the qualities agreed in the contract or reasonably expected, the consumer is protected against the consequences by exercising one of the optional rights listed in the law.

The Concept of Defect and Its Types

Under Article 8 of Law No. 6502, a defect is defined as the good lacking one or more of the qualities stated on its packaging, label, instructions, on an internet portal, or in advertisements, or lacking the qualities it should objectively possess. A defect may be apparent or hidden, existing at the time the good was delivered.

The Consumer's Optional Rights

Faced with a defective good, the consumer may choose among withdrawal from the contract, a price reduction, free repair, or replacement with a defect-free equivalent. Under Article 11, which of these rights to exercise is generally left to the consumer's free choice; the seller cannot compel the consumer to use a particular right.

What Limits the Available Remedy

If free repair would create disproportionate difficulty, the consumer may use one of the remaining three rights. The seller is obliged to fulfil the right chosen by the consumer; however, where fulfilling the chosen right is impossible for the seller or creates a disproportionate burden, a shift to another right may also arise.

The Limitation Period

Claims arising from liability for a defective good are subject to a two-year limitation period running from delivery of the good, even if the defect appears later. A seller who knowingly conceals that the sold good is defective cannot rely on this period.

Burden of Proof

While proving that the good was delivered defective generally falls on the consumer, a defect appearing within six months of delivery is presumed to have existed at the time of delivery; the burden of proving otherwise then shifts to the seller.

Practical Recommendations

As soon as you notice the good is defective, notify the seller in writing and keep evidence such as the invoice and warranty document. Remember that if your claim is below the statutory monetary threshold, you must first apply to the consumer arbitration board.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.