Consumer Rights in Case of Defective Goods

What is a defective product?

In daily life, consumers may encounter problems with many products, including electronics, furniture, appliances, vehicles, clothing, phones, computers, household goods, or products purchased online. A "defective product" arises when a purchased item does not work, breaks down quickly, does not have the promised features, is delivered incomplete, arrives broken or damaged, or does not possess the qualities stated in advertisements and promotions.

According to Law No. 6502 on Consumer Protection, the seller is obligated to deliver the goods to the consumer in accordance with the sales contract. The goods are considered defective if they deviate from the contract, the description, the intended use, or the objectively expected qualities. The Ministry of Trade's information text also states that failure to deliver within the agreed-upon time, improper assembly, or faulty installation due to deficiencies in the assembly instructions may constitute breach of contract.

A defective product doesn't just mean a completely non-functional item. It can also be considered defective if the product doesn't perform as expected, doesn't offer the usual quality of use compared to similar products, doesn't provide safe use, or doesn't include the features stated in the user manual or advertisements. For example, a watch marketed as "waterproof" but leaking water, a phone marketed as "new" but found to be used, a newly purchased refrigerator not cooling, or furniture deforming quickly could all be grounds for a claim of defective goods.

What are the types of defective goods?

Defective goods can manifest in various ways in practice. An obvious defect is one that can be detected with a simple inspection upon delivery. Examples include a broken screen, scratched surface, missing parts, or delivery of the wrong color or model.

A hidden defect is one that is not immediately noticeable upon delivery but becomes apparent during use. For example, a manufacturing defect in a car's engine, a household appliance developing chronic malfunctions within a few months, or an electronic device constantly shutting down during normal use could be considered a hidden defect.

Legal defects are also important in practice. A legal defect can arise if a third party has a right to the purchased goods, if there are legal restrictions preventing the use of the goods, or if the expected benefit from the goods cannot be obtained due to reasons such as licenses, permits, or registrations.

Consumer's Optional Rights in Case of Defective Goods

In the case of defective goods, the most important advantage for the consumer is that they have optional rights arising from the law. Depending on the specifics of the case, the consumer can exercise one of the following rights:

1. The right to withdraw from the contract and request a refund by stating that one is ready to return the purchased item
2. By keeping the purchased item, requesting a discount on the purchase price proportional to the defect
3. You can request free repairs, with all costs borne by the seller, provided it does not require excessive expense
4. If possible, request a replacement product with a faultless, identical one.

According to the Ministry of Trade's statement, the seller is obligated to fulfill the consumer's preferred request. Rights to free repair or replacement with a faultless equivalent can also be asserted against the manufacturer and importer; in this case, the seller, manufacturer, and importer are jointly and severally liable under certain conditions.

The key point to note here is that the right to choose generally belongs to the consumer. The seller cannot unilaterally restrict the consumer's legal right by stating, "we can only repair," in response to a request for a refund. However, if a request for free repair or replacement with a faultless equivalent creates disproportionate hardship for the seller, the consumer may exercise one of the rights to withdraw from the contract or request a price reduction. In assessing disproportionality, factors such as the faultless value of the product, the significance of the defect, and whether other options would pose problems for the consumer are taken into account.

Right to a Refund

One of the most frequently requested rights in the case of defective goods is a refund. The consumer can terminate the contract by declaring their willingness to return the product and request a refund of the amount paid. This right is particularly important when the product is fundamentally defective, does not fulfill its intended purpose, or the consumer has lost the benefit they expected from the product.

In a refund claim, the seller may argue that the product was not defective or that the defect resulted from consumer use. However, this defense must be supported by concrete evidence. Especially in cases of defects that appear shortly after delivery, the burden of proof is easier in favor of the consumer.

Right to Free Repair

The consumer may also request free repair of the product. In this case, the repair costs cannot be borne by the consumer. Expenses such as service fees, parts costs, labor costs, and shipping or transportation costs must be covered by the party exercising the optional right. The Ministry of Trade states that all expenses arising from the exercise of optional rights shall be borne by the party fulfilling the right chosen by the consumer.

When choosing the free repair option, the repair must be completed within a reasonable time and in a way that does not diminish the product's value. If the repair is repeated frequently, the same fault persists, or the product is taken away from the consumer for an extended period and left unusable, the consumer may exercise other optional rights.

Right to Replacement with a Defective, Equivalent Item

The right to have a defective product replaced with a new one is also one of the consumer's optional rights. Especially with new products, the consumer can request that the same product be replaced with a non-defective one. For example, if a newly purchased phone turns out to be faulty due to a manufacturing defect, if a refrigerator breaks down on first use, or if there is a manufacturing problem with the television panel, a replacement with a non-defective equivalent can be requested.

The seller must inform the consumer if the product is out of stock or if an exchange is objectively impossible. However, being out of stock does not absolve the seller of responsibility in all cases. In this situation, the consumer can exercise other rights such as a refund or price reduction.

Price Reduction Based on Defect

In some cases, the consumer may wish to continue using the product. If the defect in the product is not significant enough to warrant a full refund but does cause a decrease in value, a price reduction proportional to the defect may be requested. For example, if there is a repairable defect in furniture that reduces its value, or if a consumer wants to continue using a vehicle despite a defect in a specific part, a price reduction can be a practical solution.

The amount of the price reduction is determined by considering the nature of the defect, the value of the product with and without the defect, its usability, and the loss of value suffered by the consumer. When the dispute is brought to court, an expert examination of this matter is possible.

Who bears the burden of proof?

In disputes over defective goods, one of the most critical issues is the burden of proof. When a consumer claims a product is defective, the seller often resorts to the defense of "user error." However, Law No. 6502 has introduced a protective measure regarding proof for consumers. Defects that appear within six months of the delivery date are presumed to have existed at the time of delivery; in this case, the burden of proof that the goods were not defective rests with the seller.

This regulation is extremely important for consumers because proving the source of a defect in products requiring technical expertise is often difficult. Determining whether a defect in a phone, computer, vehicle, white goods, or electronic product is due to manufacturing or user error requires expertise. For defects that appear within the first six months, the seller must prove that the product was not defective at the time of delivery and that the defect resulted from consumer use.

However, this presumption does not automatically apply in every case. A different assessment may be made if the nature of the goods or the defect is incompatible with this presumption. For example, if it is shown with concrete evidence that the consumer used the product in an unusual way, physically tampered with the product, or that the damage was caused by external factors, the seller may be relieved of liability.

Statute of Limitations for Defective Goods

Liability for defective goods is, as a rule, subject to a two-year statute of limitations from the date of delivery of the goods to the consumer. For residential or holiday properties, this period is five years from the date of delivery. The Ministry of Trade also states that, unless a longer period is stipulated in other laws or contracts, liability for defective goods is two years for movable property and five years for residential or holiday properties.

The statute of limitations should not be confused with the warranty period. The expiration of the warranty period does not, in every case, mean that the consumer cannot benefit from the provisions regarding defective goods. The specific circumstances must be evaluated separately, especially in cases involving hidden defects, gross negligence, or concealment of defects through fraud.

Seller, Manufacturer and Importer's Liability for Defective Goods

The consumer can first contact the seller from whom they purchased the product. The seller is obligated to deliver the product to the consumer in accordance with the contract. However, some rights can also be asserted against the manufacturer or importer. In particular, manufacturers and importers may also be held liable in cases involving requests for free repair and replacement with a faultless equivalent.

In practice, sellers are seen stalling consumers with answers such as "contact service," "the manufacturer is responsible, not us," or "the product is under the importer's warranty." However, the seller, as a party to the consumer transaction, cannot evade their legal responsibility in this way. The internal relationship between the seller, manufacturer, or importer does not negate the consumer's legal rights.

How to File a Defective Goods Claim?

When a consumer encounters a defective product, they must first submit a written application. The application should clearly state the product information, purchase date, invoice or order number, when and how the defect occurred, and the optional right being claimed. Submitting the application via email, registered mail with return receipt, notary public notice, KEP (Registered Electronic Mail), or through the seller's official application channels is beneficial for evidentiary purposes.

Instead of simply stating "the product is defective" in their complaint, consumers should clearly specify which right they are exercising. For example, a clear statement such as "I am withdrawing from the contract due to the defective product and requesting a refund of the product price" or "I request that the defective product be replaced with a non-defective one" should be used.

Application to the Consumer Arbitration Board and Consumer Court

If the seller refuses the request or fails to respond within the specified time, the consumer can apply to the consumer arbitration board or consumer court, depending on the value of the dispute. For consumer disputes below 186,000 TL in 2026, application to the provincial or district consumer arbitration board is mandatory; for disputes of 186,000 TL and above, application to the arbitration board is not possible, and mandatory mediation or consumer court proceedings become necessary.

Applications to the Consumer Arbitration Board can be made in person, by mail, or via the TÜBİS system on the e-Government portal. The application must include a petition, invoice, service slip, photographs, videos, correspondence records, warranty certificate, and other evidence. According to the Ministry of Trade, consumer arbitration boards generally review applications based on the submitted files; however, they may request information and documents from the parties or order expert examination if deemed necessary.

Decisions of consumer arbitration boards are binding on the parties. If the decision is not complied with, enforcement proceedings can be initiated according to the provisions for the execution of judgments. The parties may appeal the arbitration board's decision to the consumer court; the decision of the consumer court on the appeal is final.

Defective Goods Purchased Online

Defective goods disputes are quite common in e-commerce purchases. Products arriving different from the image, containing missing parts, being counterfeit or a replica, not possessing the promised technical specifications, being delivered broken, or not working at all can all be considered defective goods.

Here, the right of withdrawal and the rights regarding defective goods must be distinguished. In distance selling, the consumer can, as a rule, exercise their right of withdrawal within fourteen days without giving any reason. However, if the product is defective, even if the fourteen-day period has passed, the consumer can assert their optional rights based on the provisions regarding defective goods. Therefore, the seller's answer that "the return period has expired" is not always correct. If there is a claim of defect, the provisions regarding defective goods in Law No. 6502 must be evaluated separately.

What should consumers pay attention to?

Evidence is crucial in disputes over defective goods. Consumers should, if possible, record the unboxing upon delivery, have the delivery person prepare a damage report if the product is damaged, and keep the invoice and warranty certificate. If a defect occurs, they should avoid sending the product to an unauthorized service center and should retain all correspondence with the seller or authorized service center.

Verbal complaints to the seller are often insufficient. Telephone calls may lack sufficient evidence. Therefore, a written application is necessary, clearly stating the request and keeping a record of the responses. Especially for high-priced products, submitting a notarized notice or applying through a lawyer can prevent the loss of rights.

Conclusion

In the case of defective goods, consumers have strong rights under the law. Refunds, free repairs, replacement with faultless equivalents, and price reductions proportional to the defect are the basic rights available to the consumer. The seller cannot arbitrarily refuse the consumer's legal claim; they cannot evade responsibility with general statements such as "user error," "send it to service," or "return period has expired.".

When a consumer encounters a defective product, they should act quickly, gather evidence, submit a written application to the seller, and clearly state their claim. If the claim is rejected, depending on the value of the dispute, the consumer arbitration board, mandatory mediation, and consumer court proceedings may be considered. Especially in high-priced product cases, vehicle sales, electronic goods, furniture, and housing disputes, obtaining legal support is crucial for both managing the process correctly and effectively exercising the consumer's rights.

Consumers do not have to remain silent in the face of defective goods. The law contains clear provisions protecting consumers. What is important is that the defect is correctly identified, the claim is legally formulated correctly, and the application process is used within the prescribed time limit.

Frequently Asked Questions About Defective Goods

 

What are the consumer's rights in the case of defective goods?

In the case of a defective product, the consumer can exercise one of four options. These are: withdrawing from the contract and requesting a refund, keeping the product and requesting a discount proportional to the defect, requesting free repair, and, if possible, requesting replacement with a defect-free equivalent. As a rule, the seller is obliged to fulfill the right chosen by the consumer.

Can the consumer request a direct refund?

Yes. A consumer can withdraw from the contract due to a defective product and request a refund of the product price. The seller cannot, in any case, force the consumer to have the product repaired. However, whether the claim complies with the principle of good faith, the nature of the defect, and the principle of proportionality in the specific case can be evaluated separately.

Can a seller simply say, "We only do repairs"?

A seller cannot unilaterally restrict a consumer's legally mandated rights. The consumer has the right to choose from a refund, free repair, replacement with a faultless equivalent, or a price reduction. It is legally incorrect for the seller to impose only the service or repair option.

If the product breaks down after delivery, would it still be considered defective?

Yes, it counts. A product malfunctioning after delivery doesn't automatically mean it's the consumer's fault. Especially in cases of malfunctions occurring shortly after delivery, the product may be considered defective at the time of delivery. For defects that appear within six months of delivery, it is presumed that the goods were defective at the time of delivery, and the seller must prove otherwise.

Who bears the burden of proof for a malfunction that occurs within the first six months?

Defects that become apparent within six months of the delivery date are presumed to have existed at the time of delivery. In this case, the seller must prove that the product was not defective or that the malfunction resulted from consumer use. This regulation provides a significant advantage in proving the fault of the consumer, especially for technical products such as electronics, household appliances, mobile phones, computers, and vehicles.

Can a consumer exercise their rights if the warranty period has expired?

The expiration of the warranty period does not always mean that the consumer loses all their rights. Liability for defective goods is, as a rule, two years from the date of delivery for movable goods and five years for residential and holiday properties. Furthermore, cases where the defect was concealed fraudulently or involved gross negligence must be evaluated separately.

What is the statute of limitations for defective goods?

Claims arising from defective goods are, as a rule, subject to a two-year statute of limitations from the date of delivery of the goods. For residential or holiday properties, this period is five years. However, these periods may change if a longer period is agreed upon by the parties or if there is a specific legal provision.

What should be done if a product purchased online turns out to be defective?

If a product purchased online turns out to be defective, the consumer must exercise one of their optional rights by contacting the seller in writing. Photographs of the product, an unboxing video, the invoice, shipping receipt, the order screen, and correspondence with the seller should be kept as evidence. In the case of a defective product, not only the 14-day right of withdrawal but also the provisions regarding defective goods apply.

Can a defective product be returned if the 14-day cancellation period has passed?

Yes. In distance selling, the 14-day right of withdrawal is separate from the rights arising from defective goods. If the product is defective, even if the 14-day withdrawal period has passed, the consumer can request a refund, exchange, free repair, or price reduction based on the provisions regarding defective goods.

What should be done if the seller claims it's a "user error"?

The seller's defense of "user error" alone is insufficient. Especially in cases of defects that arise within the first six months, the seller must prove that the malfunction originated from the consumer. In this case, the consumer should review the service report, obtain an independent technical report if necessary, and apply to the consumer arbitration board or consumer court depending on the value of the dispute.

Is it certain that the service report will state "user error"?

No. A service report is not conclusive evidence. The consumer can object to the report, especially if it was prepared unilaterally by the seller, manufacturer, or authorized service center. The consumer arbitration board or consumer court may order an expert examination if deemed necessary.

How to file a complaint with the consumer arbitration board regarding defective goods?

Applications to the Consumer Arbitration Board can be made via the TÜBİS system on e-Government, in person, or by mail. The application must include the invoice, warranty certificate, service slip, photographs, videos, correspondence records, and other evidence. For consumer disputes under 186,000 TL in 2026, application to the provincial or district consumer arbitration board is mandatory.

Up to what amount can a consumer arbitration board be contacted?

For consumer disputes valued at less than 186,000 TL in 2026, applications can be made to the provincial or district consumer arbitration board. For disputes of 186,000 TL and above, applications cannot be made to the consumer arbitration board; in this case, mandatory mediation and consumer court proceedings will be initiated.

Is a consumer arbitration board decision binding?

Yes. Consumer arbitration board decisions are binding on the parties. If the seller fails to comply with the decision, the consumer can initiate enforcement proceedings based on the arbitration board's decision. Either the seller or the consumer may appeal the arbitration board's decision to the consumer court within the prescribed time limit.

Is an invoice required for a defective goods claim?

An invoice is important evidence; however, it is not the sole and indispensable means of proof on its own. Bank statements, credit card statements, order records, emails, shipping documents, warranty certificates, or correspondence with the seller can also be used to prove the purchase.

Who pays the shipping cost for a defective product?

When exercising one's right due to a defective product, costs such as shipping, transportation, service, labor, and parts cannot be borne by the consumer. These costs must be covered by the seller, manufacturer, or importer who is obligated to fulfill the consumer's chosen right.

Is legal assistance necessary in cases of defective goods?

In simple and low-value disputes, the consumer can file a claim themselves. However, in high-value products, vehicle sales, electronic devices, housing deliveries, disputes requiring technical expert examination, or situations where the seller claims user error, obtaining legal support is crucial to avoid losing your rights.

Can compensation be claimed due to defective goods?

Yes. Consumers can claim compensation for damages incurred, if certain conditions are met, along with their optional rights. For example, a claim for compensation may arise if the defective product causes additional expenses, requires the rental of a different product, damages other belongings, or results in financial loss for the consumer.

Do defective goods regulations apply to second-hand products?

Yes, defective goods regulations can also apply to second-hand products. However, the age of the second-hand product, its condition, price, known characteristics to both parties, and the seller's statements are evaluated. Defects that are clearly communicated to the consumer and known to the consumer may not subsequently be subject to a defect claim.

What can a consumer do if they buy a defective vehicle?

Consumers who purchase a defective vehicle have the right to choose from one of the following: a refund, a discount proportional to the defect, free repair, or replacement with a defect-free vehicle of the same kind. In vehicle disputes, expert reports, service records, damage history, mileage information, sales advertisements, and correspondence are of great importance. Legal proceedings should be carefully conducted in cases involving hidden defects, total loss records, odometer tampering, or engine or transmission failures.

What is the most appropriate first step in dealing with a defective product?

The most appropriate first step is to document the product defect and submit a written application to the seller. The application should clearly state the product information, the date of purchase, the nature of the defect, and which optional right is being exercised. If the seller refuses the request, depending on the value of the dispute, recourse should be sought through a consumer arbitration board or a consumer court.