The questions below offer a general framework on defective goods and services, the distinction between the consumer arbitration committee and the consumer court, and the right of withdrawal in distance contracts. In a specific case, the time limits, documents, and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
What rights does a consumer have when faced with defective goods or services?
For defective goods, rescission of the contract, a price reduction, free repair, or replacement with a defect-free equivalent; for defective services, the remedies of the consumer’s choice separately regulated by law may be considered.
Defective goods and a service regarded as non-conforming to the contract are subject to different provisions. For goods, Article 11 of Law No. 6502 is the basis; for services, Article 15. Free repair or re-performance of the service may in some cases be inapplicable because of disproportionate difficulty. How the defect was established and the application period are examined according to the delivery date or the date the service was performed. In choosing a right, the use of the product, the scope of the defect, the contract, and any warranty relationship should be assessed. It is not correct to treat the warranty period and the statutory liability for defects as the same. Nor is every dissatisfaction legally a defect; the specific shortcoming must be related to the contract and the nature of the product.
How is the jurisdictional distinction between the consumer arbitration committee and the consumer court made?
For consumer disputes below TL 186,000 for 2026, the arbitration committee applies; for those at or above TL 186,000, the judicial route is assessed by examining the statutory exceptions and conditions for filing a lawsuit.
The 2026 monetary threshold applies as “below TL 186,000”; exactly TL 186,000 and above does not fall into this group. First, the nature of the contract as a consumer transaction and the monetary value of the claim must be determined. For disputes within the jurisdiction of the arbitration committee, the application route in the law is used instead of filing a lawsuit directly. For other consumer disputes, whether mediation is a condition for filing a lawsuit under Article 73/A of Law No. 6502, and the exceptions, are examined separately. Objection to an arbitration committee decision, jurisdiction, and application methods are subject to their own rules. This amount is determined anew every year; the old threshold should not be used in subsequent years.
Does a consumer lose the right arising from a defect because they chose the product themselves?
No; having made a choice does not by itself remove the seller’s liability arising from defective performance.
The conformity of the goods with the characteristics stated in the contract, the promotional materials, and the conditions of delivery and use are examined. If a user-error defense is raised, it should be substantiated with a technical report, service receipts, and evidence.
Does the expiry of the warranty period end all claims?
No; the warranty and the statutory liability regimes arising from defective goods are different.
The date of sale, the time the defect appeared, the type of consumer transaction, and any allegations of fraud or gross negligence affecting the statute of limitations should be examined. Whether the warranty terms narrow the statutory remedies of the consumer’s choice is assessed separately.
Can a personalized product bought online be returned in every case?
No; there are exceptions to the right of withdrawal in distance contracts regulated in the legislation.
An exception to the right of withdrawal may come into question for certain goods prepared at the consumer’s request or for the consumer’s personal needs. However, the rights arising from defective goods and the right of withdrawal without reason are different; whether the product was really prepared as personalized should be documented.
Does the right of withdrawal in distance contracts apply to every transaction?
No. As a rule, distance contracts carry a 14-day right of withdrawal; however, the law and the regulation provide exceptions depending on the type of transaction.
The starting point of the withdrawal period for sales of goods differs from the starting rule for service contracts. Exceptions such as the information provided before the contract, whether the contract is truly a distance sale, whether the product is made to the consumer’s specifications, and accommodation or services for a specific date must be examined one by one. It is important that the withdrawal notice can be proven to have been sent within the period. If proper information about the right of withdrawal was not provided, special provisions on the period come into play. The statutory rights that may be exercised because of defective goods are assessed separately even if the right of withdrawal without stating a reason has expired. For this reason, a seller’s statement that “no returns are accepted” does not eliminate rights in every case.