Refund Issues at Beauty Centers: Legal Solutions

1. Introduction

The rapid growth in the aesthetics and personal care sector in recent years has led to an increase in the number of beauty centers. However, due to differences in service quality, failure to achieve promised results, or the emergence of health problems, requests for refunds are frequently made. Such disputes are significant from both consumer rights and contract law perspectives.

2. Legal Framework

2.1. From the Perspective of Consumer Law

The Consumer Protection Law No. 6502 ("TKHK") grants consumers various rights in cases where the quality and standards they expect from the businesses they purchase services from are not met. Beauty centers are also considered within the scope of service providers .

Article 13 of the Turkish Consumer Protection Law ;

Defective service is service that does not conform to the qualities agreed upon in the contract or objectively expected.
In the case of defective service, the consumer;
1. The service needs to be reviewed again
2. A discount on the price proportional to the defect,
3. They have the right to withdraw from the contract and request a refund.

2.2. From the Perspective of Contract Law

Articles 112 and subsequent articles of the Turkish Code of Obligations regulate compensation for damages arising from services that are not performed or are not properly performed.

In the event of defective or incomplete performance of the service, the service provider cannot be relieved of liability unless they prove their fault.
The duty of care is even greater in practices that pose a health risk.

3. The Importance of the Agreement

Many beauty salons membership agreements or package deals . These agreements typically include refund terms, cancellation procedures, and limitations of liability. However:

According to Article 5 of the Consumer Protection Law, unfair terms are invalid if they are detrimental to the consumer.
Even if the contract contains clauses such as "No refunds whatsoever," these clauses absolutely binding . The consumer reserves their legal rights.

4. Burden of Proof and Evidence

The most critical point in refund requests the burden of proof.

The consumer bears the burden of proving the defect.
Photographs, videos, medical reports, written messages, advertising content, and promotional brochures can be used as evidence.
The 13th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2018/6576 E., 2020/3459 K. , stated that "If the service provider fails to deliver the promised result, the fee must be refunded."

5. Application Methods

5.1. Negotiation First

The business must be contacted in writing (email, notarized notice), clearly stating the defect and the request for a refund.

5.2. Consumer Arbitration Board

For disputes under 66,000 TL in 2025, consumer arbitration boards have jurisdiction.
Application is free.

5.3. Consumer Court

Claims exceeding 66,000 TL are filed directly in consumer courts.
Compensation and refund claims can be filed together.

6. Additional Compensation for Health Injuries

If you have sustained an injury, skin burn, or permanent scarring as a result of a beauty salon treatment :

Liability for torts arises in accordance with Article 49 of the Turkish Code of Obligations
Both material and moral damages can be claimed.
numbered 2017/3321 E., 2019/2856 K. , the 15th Civil Chamber of the Supreme Court of Appeals ruled in favor of a consumer who suffered burns on their skin as a result of laser hair removal, awarding them compensation for non-pecuniary damages.

7. Preventive Legal Measures

A written contract must be made before the service begins.
The risks and potential consequences of the procedure should be clearly explained, and a consent form should be signed.
Promises should be presented in a concrete and measurable way in advertisements and contracts.

8. Conclusion

Requests for refunds at beauty centers mostly arise due to defective service, failure to achieve the promised result, or health problems. Consumers, by knowing their legal rights , can exercise their right to both a refund and compensation. Businesses, on the other hand , are obligated to act in accordance with their duty of care under both consumer law and contract law

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