Consumer's Optional Rights in Case of Defective Goods and Services

Consumer's Optional Rights in Case of Defective Goods and Services (Return, Exchange, Discount, Repair)

Introduction: What Can a Consumer Do When Encountered with Defective Goods or Services?

In our daily lives, we purchase numerous goods and services such as telephones, household appliances, vehicles, furniture, internet services, holiday packages, and hairdressing services. Our primary expectation in consumer transactions is to receive value for money. However, often the product turns out to be defective, lacks the promised features, or the service is not delivered as promised. This is where "defective goods and services" and the consumer's rights come into play.

The Consumer Protection Law No. 6502 grants consumers who encounter defective goods or services four fundamental rights:

Termination of contract (refund – right of return)
Replacement of the sold item with a faultless equivalent (right of exchange)
Request for a price reduction proportional to the defect (right to a discount)
Request for free repair (right to repair)

1. What are Defective Goods and Defective Services?

1.1. The concept of defective goods

A defective productis a product that does not conform to the specifications agreed upon in the contract or stated by the seller through advertisements, catalogs, brochures, labels, etc.; and that does not provide the objectively expected benefit. For example:

A newly purchased phone frequently shutting down on its own,
The refrigerator is not cooling,
The vehicle has a hidden record of significant damage
A product sold as "genuine leather" turns out to be synthetic

Situations like these are typical examples of defective goods.

The product may be completely unusable, or it may fall short of expectations. What matters is that the product is deficient or defective compared to the contract, advertising, or standard expectation

1.2. The concept of defective service

Defective service iswhen a service is not performed at all, or is not performed in a manner consistent with the contract, the law, the principle of good faith, and objective expectations. For example:

Internet service not delivered at the promised speed,
The hairdresser applied the hair dye incorrectly,
The repair service failed to perform the repair properly

Situations like these are examples of defective service.

1.3. Distinction between obvious and hidden defects

Obvious defect: Defects that can be identified by reasonable inspection at the time of delivery or performance and are easily noticeable to anyone (e.g., broken screen, torn fabric).
Hidden defects: Defects that are not noticeable at first glance but become apparent over time during use or through technical inspection (e.g., cracks in the engine block, hidden damage records, electronic circuit board failures, etc.).

In cases of hidden defects, the consumer's late discovery of the defect does not prevent them from exercising their rights; however, time limits and evidentiary periods that must be considered.

2. Overview of Consumers' Optional Rights

Consumers who encounter defective goods or services one of four rights :

Termination of contract (return and refund)
Replacement with a flawless equivalent
Price reduction proportional to the defect
Free repair

These rights include:

This is a right of free choice granted to the consumer. As a rule, the seller or supplier cannot decide on behalf of the consumer which right to exercise.
The chosen right the nature of the defect, the type of goods/service, the consumer's interest, and the specific circumstances of the case .
In some cases, if the chosen right is practically unusable (for example, if repair is impossible), the consumer may exercise other rights.

3. Right to Withdraw from the Contract and Refund (Right of Refund)

3.1. Nature of the right to withdraw from the contract

Withdrawal from a contract is the right of a consumer to terminate a contractual relationship retroactively due to defective goods or services. In practice, this right takes the form of " returning the goods in exchange for a refund ."

Consumer:

He indicates that he is ready to return the item he purchased
He requests a refund of the amount he paid
They can also claim reimbursement for incidental costs (shipping, assembly, disassembly, mandatory expenses, etc.) and, if necessary, interest.

This right is particularly preferred when the product is unusable, unreliable, constantly malfunctioning, or when the consumer has completely lost confidence in it.

3.2. Conditions for exercising the right to withdraw from the contract

In general terms:

The goods or services defective .
The defect must be reported within specified time limits after delivery of the goods or performance of the service (reasonable time and statute of limitations).
The consumer must explicitly choose to withdraw from the contract .

After a consumer reports a defect, the seller often offers repair or replacement instead of accepting the return request. Since the consumer has a legal right to choose, they can insist on a return if the conditions are met. However, in some special circumstances, repair or replacement may be considered preferable; this assessment should be made on a case-by-case basis.

3.3. Consequences of the right of return

By exercising the right to withdraw from the contract:

The consumer returns the goods or indicates their willingness to return them
The seller refunds the amount paid by the consumer, and if applicable, the amount paid in installment sales
The consumer can also claim reimbursement for mandatory expenses (such as transportation, assembly/disassembly, and mandatory official fees)
In case of delay, the consumer can claim interest and, if necessary, compensation.

Especially with high-priced items (vehicles, appliance sets, boiler systems, etc.), exercising the right of return strongly protects the consumer's economic interests.

4. Right to Replacement with a Defective Equivalent (Right of Exchange)

4.1. Scope of the change request

The consumer may request the delivery of a faultless equivalent in place of the defective product . This right:

The newly purchased phone can be replaced with a fault-free new one of the same make and model
Replacing the faulty appliance with a faultless alternative
Replacing a consistently defective product with a new one

It is used in practice as follows.

When the right to change is exercised:

The seller will deliver a defect-free version of the same product if they have it in stock
If it is not in stock, another model with the same specifications and similar features may be provided with the mutual agreement of the parties
Since the consumer demands delivery of a defect-free product, the defect-free performance of the counter-obligation .

4.2. Conditions and limitations of the change request

The defect is permanent or cannot be remedied by repair.
Recurring malfunctions despite repairs undermining consumer confidence
The product malfunctioning again shortly afterward with the same or different defects

In situations like these, the demand for change becomes stronger.

Furthermore, for some products (especially mass-produced products with manufacturing defects), the manufacturer or importer already supports the exchange process through their internal practices.

a consumer multiple repairs for the same defect without success, they can now request an exchange or a refund.

5. Right to a Price Reduction Proportional to the Defect (Discount Right)

5.1. The rationale behind price reductions

In some cases, a consumer may wish to continue using a product even if it is defective. For example:

A slight color difference or scratch on the furniture,
Minor workmanship deficiencies in the house,
The vehicle has cosmetic flaws,

In such cases, instead of returning the goods entirely, a discount on the purchase price proportional to the defect is a more practical solution.

When this right is exercised:

The product remains with the consumer
The sale price will be recalculated according to the defect
The difference is either refunded to the consumer by the seller or deducted from the outstanding balance.

5.2. Determining the discount amount

When a price reduction is applied:

The effect of defects on the value of goods,
The intended use of the item,
Market value (comparison of the defect-free and defective states),
Expert opinion, expert report, comparable sales prices

This is taken into consideration. In price reduction lawsuits involving high-value items (housing, vehicles, etc.), expert examination is often conducted to determine the difference between the value of the property with and without defects.

The right to a discount saves time and money , especially when the consumer agrees to use the goods as they are, even if the defect can be remedied

6. Right to Free Repair (Right to Repair)

6.1. Scope of the repair request

The consumer can request free repair for a defective product. Free repair:

All costs, including spare parts, labor, etc., should not be borne by the consumer
The repair should be carried out within a reasonable time and without imposing an excessive burden on the consumer
If necessary, the disassembly/assembly and transportation costs of the product will also be covered by the seller/manufacturer/importer.

6.2. Limitations of the right to repair and recurring malfunctions

The advantage of the right to repair for the consumer:

It provides a solution with less conflict, without the need for a complete product replacement or refund
Especially for expensive products (such as car engines, boilers, air conditioners, and large household appliances), it offers a practical short-term solution for the consumer.

But the repair:

If it is not done within a reasonable time,
If you have to go to more than one service center for the same fault,
If different malfunctions occur after the repair,
If repairing the product doesn't make it reliable,

Consumers now have the option to request an exchange or a refund

7. Which Optional Right Should Be Exercised and When?

There is no single "right choice" in every situation; a strategic assessment must be made according to the specific characteristics of the concrete case

If the product is completely unusable or unreliable,
the right to withdraw from the contract (return) or exchange takes precedence.
If the defect is remediable and the consumer wishes to continue using the product:
Free repair or a discount proportional to the defect may be more appropriate.
The defect is minor; if the consumer wants to keep the product,
a price reduction is a practical and quick solution.
If the same product malfunctions repeatedly:
The likelihood of requesting an exchange or refund is now higher than that of a repair.
In high-value purchases such as housing or vehicles:
The nature of the defect, the purpose of the purchase, and the consumer's financial plans should be considered; often, the right to a refund or discount takes precedence.

In professional legal assessment, the type of defect, the statute of limitations, evidence, the possibility of a technical report, and the other party's ability to pay are also important in determining the option to claim compensation.

8. Consumer's Optional Rights in Case of Defective Service

In cases of defective service, similar optional rights generally apply. The consumer:

The service needs to be reviewed again
We request a discount on the service fee
If it is feasible to achieve the desired outcome, the right to terminate the contract and receive a refund
If they have suffered any damage, they can bring a claim for compensation.

8.1. Examples of defective service

The internet provider is offering service at speeds far below what was promised and is constantly interrupted,
The hotel standard promised in the holiday package was not met, the room type was downgraded, and the food quality was very poor
The hairdresser incorrectly applying the hair dye, resulting in the hair burning/damaging
A significant deviation from the promised program in private tutoring or course services,
Inadequate or poorly performed cleaning, repair, or maintenance services.

8.2. Re-service and price reduction

The consumer, to the extent possible and meaningful:

You may request that the service be performed again, this time in accordance with the contract
If the customer has only partially benefited from the service, they can request a discount on the price proportional to the effect of the defect
If the customer has received no benefit from the service or has suffered significant damage, they may terminate the contract and request a refund and compensation for their losses.

Proof of defective service is often provided through written contracts, advertisements, messages, emails, photographs, videos, and witness statements.

9. Notification and Statute of Limitations Periods

One of the most critical issues to consider when exercising optional rights is time limits.

9.1. Statute of limitations for defective goods

In general terms:

In consumer transactions, a two-year statute of limitations is stipulated for claims arising from defective goods, starting from the date of delivery .
For residential and holiday properties, this period is 5 years
In special cases, such as the sale of used goods, shorter periods may be stipulated in the contract, with a minimum of one year
the seller conceals a grossly flawed or fraudulent act through deception, the statute of limitations provisions may not apply against the consumer; in such cases, the interpretation will favor consumer protection.

9.2. Statute of limitations for defective services

In general, claims arising from defective services also fall under the following categories:

The statute of limitations is two years from the date the service was rendered .
In special cases such as construction contracts involving residential properties or building services, longer periods apply.

The consumer within a reasonable time ; this will prevent loss of rights resulting from delay.

9.3. Presumption and burden of proof in the first 6 months

As an important protection mechanism in consumer law:

A presumption is established that defects discovered within six months of delivery of the goods shall be deemed to have existed at the time of delivery.
In this case, the burden of proof that the defect did not originate from the consumer rests with the seller/manufacturer/importer.
After six months, the burden of proof that the defect existed at the time of delivery may shift to the consumer; at this point, technical inspection, service reports, and expert reports become important.

10. Warranty Certificate, Technical Service and Manufacturer-Importer Responsibility

The seller is not solely responsible for defective goods .

The manufacturer (producer of the goods),
Importer,
Sales person,
Authorized service,

The seller may be liable to a certain extent and often jointly and severally. While the consumer generally exercises their optional rights against the seller, they can also apply directly to the manufacturer or importer under the warranty.

For products with a warranty certificate:

Free repair is the primary right during the warranty period
For products that malfunction multiple times within the warranty period, a request for replacement or refund may be considered
Authorized service reports serve as both technical proof and important evidence in legal proceedings.

11. Online Shopping, Distance Contracts and the Right of Withdrawal

Sales made over the internet distance contracts . In such transactions:

The consumer may exercise their right to withdraw from the contract within 14 days without giving any reason and without paying any penalty .
The right of withdrawal can be exercised whether or not the goods are defective; this right differs from the optional rights relating to defective goods.
If the goods are defective, both the right of withdrawal and the optional rights regarding the defective goods may arise simultaneously; the option that is more favorable to the consumer should be chosen.

For example:

If a phone purchased online turns out to be defective upon delivery, the consumer can exercise both their right to withdraw from the purchase and their rights regarding defective goods.
Even if the withdrawal period has expired, rights regarding defective goods can still be exercised within the statute of limitations.

12. Application to the Consumer Arbitration Board and Consumer Court

consumers primarily try to exercise their optional rights by reaching an agreement with the seller/provider, this is often not possible. In this case:

Within certain monetary limits, you can apply to the Consumer Arbitration Board.
For disputes involving higher costs, applications are made directly to the Consumer Court .

Arbitration panel:

They review the petition and its attachments
If necessary, it evaluates the defective goods or services by appointing an expert
The decision is binding; the parties may appeal to the Consumer Court.

As for the legal process:

Sales contracts, invoices, service slips, correspondence, photographs and videos
Technical service reports, expert reports,
Advertisements, announcements and campaign content,

It is presented as evidence. The court determines the existence, type, and impact of the defect on the price through means such as expert examination and on-site inspection.

13. Common Examples in Practice

13.1. Sale of defective vehicles (new or used)

If a consumer discovers hidden damage, repainted parts, replaced parts, or odometer tampering on a brand-new vehicle purchased from a dealership, they often request termination of the contract or a price reduction.
Even with used vehicles, if there are defects not disclosed by the seller, such as significant damage, airbag deployment, or engine problems, the consumer can exercise one of the appropriate rights depending on the nature of the defect.

13.2. Defective electronic equipment (phones, computers, household appliances)

If the device experiences frequent malfunctions, spontaneous shutdowns, or overheating problems within the first 6 months, the consumer can request free repair or replacement.
A recurrence of the same fault can undermine consumer confidence, leading to a request for a refund.

13.3. Furniture, housing and other durable consumer goods

Significant color differences in furniture, decay, assembly errors, water leaks in a dwelling, and lack of thermal insulation are all defects that may be subject to optional rights.
In residential buildings, defects such as lack of occupancy permits, deviations from the project plans, and structural problems may also arise within the 5-year statute of limitations period.

13.4. Examples of defective services

Failure to provide the hotel standard promised in the holiday package,
The internet speed turned out to be much lower than the contract value
Further damage to the vehicle during repair service,

In such cases, the consumer can exercise their rights, such as price reduction, termination of the contract, and compensation for damages.

14. Conclusion: Knowing one's optional rights is the strongest means of protection for consumers

Encountering defective goods or services is a damaging process for consumers, both financially and emotionally. However, Law No. 6502:

It grants consumers four basic rights: return, exchange, discount, and free repair
It includes rules regarding proof and time limits, as well as protective regulations in favor of the consumer
It establishes a broad chain of responsibility among manufacturers, importers, sellers, suppliers, and service stations .

In practice, the nature of the defect, the type of goods or services, the statute of limitations, the possibilities for technical inspection, and the other party's conduct should be considered together to determine the most suitable option for the consumer's interest.

Frequently Asked Questions

1. Should I first contact the seller or the service center regarding a defective product?
generally, the right to choose against the seller , in cases of products under warranty, the authorized service center also becomes involved. In practice, it is often easier to prove the claim by first contacting the service center in writing, and only contacting the seller if no resolution is reached.

2. I didn't notice the defect in the product immediately after delivery; it only became apparent later. Do I lose my rights? No. In cases of hidden defects, the defect may only become apparent later. The important thing is to apply within the statute of limitations and within a reasonable time after learning of the defect . Failure to comply may result in the loss of rights

3. My product has been sent to service several times for the same fault, but the problem hasn't been resolved. Do I still have to wait for repair?
No. If the same fault recurs and consumer confidence is shaken, a replacement or refund . Depending on the specific case, this request can be made before the Consumer Arbitration Board or the Court.

4. In case of defective service, can I only request a discount, or can I also claim compensation for my losses?
In the case of defective service, the consumer compensation for the damages suffered, in addition to a price reduction or termination of the contract . For example, if hair is burned as a result of faulty hairdressing or if serious harm occurs during a holiday service, claims for material and moral damages may arise.

5. The product I purchased online is defective, and the 14-day cancellation period has passed. What can I do? Even if the cancellation period has expired, in cases where the product is defective , the optional rights regarding the defective goods can be exercised within the general statute of limitations. In other words, the 14-day period applies only to the right of cancellation; there is a separate and longer period for rights related to defective goods

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