Who is a Consumer in Consumer Law? What are Consumer Rights? What are the Remedies for Resolving Consumer Disputes?

Who is a Consumer? Scope, Definitions and Protection Principles

Consumer law is one of the most dynamic and individual-oriented areas of the modern legal system. Almost every step we take in our daily lives—from buying a loaf of bread to taking out a bank loan, from ordering clothes online to signing a subscription contract—is essentially a "consumer transaction." However, despite this close relationship, not fully understanding the legal boundaries of the "consumer" concept and the nature of the protection it provides can lead to loss of rights.

Who is a Consumer? The Limits of the Legal Definition

According to Law No. 6502 on Consumer Protection, a consumer is defined as "a natural or legal person acting for non-commercial or non-professional purposes." This definition is the most fundamental criterion for determining whether a person is a consumer. If your primary motivation when purchasing a product or service is not to gain commercial profit or to use it in your professional activities, then that transaction is a "consumer transaction.".

For example, a computer purchased by a lawyer for use in their office might not be considered a consumer transaction because it's for professional purposes. However, a television purchased by the same lawyer for use with their family at home would be considered a full-fledged consumer transaction. The crucial point here is that the purchase "personal or family use ." Legal entities (companies, associations, etc.) can also be considered consumers, but only if they meet the "non-commercial or non-professional" condition mentioned above. This distinction is the most critical point in determining the jurisdiction of consumer courts.

Why do we protect consumers? 

The raison d'être of consumer law is the "asymmetry of information and power" in the market. A professional seller or supplier is extremely knowledgeable about the technical details of a product, its production costs, and market conditions. In contrast, the consumer acts solely on the product's appearance or marketing promises. The seller prepares the contract using standardized forms; the consumer either accepts these terms or decides against purchasing the product. In this environment of "imposed contracts" where there is almost no room for negotiation, the rule of law intervenes with the principle of "protecting the weak.".

The conservation principles are as follows:

1. Empowering the Weak: To prevent consumers from being exploited by unprofessional sellers, laws have imposed stricter regulations on sellers' obligations (information provision, returns, liability for defects).
2. Invalidity of Unfair Terms: Provisions included in consumer contracts that impose unbalanced obligations to the detriment of the consumer are considered "unfair terms" and are not binding on the consumer.
3. Easy and Free Access: Consumer dispute resolution is structured with much faster, free, and easier procedures (such as Arbitration Boards) compared to normal court processes.

Scope: What is covered by this law?

The scope is quite broad. You don't just need to buy a physical item.

• Property: Movable goods, residential or holiday real estate.
• Service: Processes involving any kind of "doing" or "performing" such as banking, financial services, insurance, subscriptions, technical services, private tutoring, or hairdressing services.

Implementation of Protection Principles

In consumer law, the "burden of proof" generally rests with the seller. For example, if you claim a product is defective, the seller is obligated to prove otherwise (i.e., that the product is sound). This is a rare and very important convenience in our legal system that alleviates the burden of proof on the consumer. Furthermore, if a clause in a consumer contract can be interpreted in two ways, the legal system always chooses the interpretation that favors the consumer. This is the "principle of interpretation in favor of the consumer" and is decisive in litigation.

In short, once you know you are a consumer, you understand that companies' defenses such as "this is our procedure" or "it's written in the contract you signed" are not always legal. Consumer rights stem directly from the law, not from contract clauses, and a contract clause that violates the law is invalid, even if you signed it.

Defective Goods and Services: Rights, Return and Exchange Processes

The most frequently invoked and disputed area of ​​consumer law is undoubtedly "defective goods and services." A scratched screen on a television purchased from a store, unstitched seams on a jacket ordered online, or a repair shop failing to resolve the issue are all legally termed "defective performance." Law No. 6502 does not leave consumers alone in these situations and grants them very strong alternative rights.

What is shame? What are its types?

A defect is when a good or service does not possess the characteristics specified in the contract or does not have the qualities that should be objectively expected. We can examine the concept of defect under three main headings:

1. Material Defect: This refers to a physical defect in the product. For example, a refrigerator not cooling, a piece of furniture being missing, or clothing being torn are all examples of material defects.
2. Legal Defect: This refers to a product's failure to comply with legal regulations. For example, licensing issues with software being sold or a device not being compatible with the Turkish electricity grid constitute a legal defect.
3. Economic Defect: This refers to a product failing to deliver the promised performance. For example, a vehicle that promises fuel efficiency but consumes significantly more fuel than stated is an economic defect.

Consumer's Optional Rights

When a defect is discovered in a product, the consumer can exercise one of four main rights against the seller. These rights are entirely at the consumer's discretion:

• Contract Cancellation: You can return the product and receive a full refund. This is a preferred option, especially when repair is not possible or replacement would take too long.
• Price Reduction: You can continue using the product but receive a partial refund proportional to the defect. For example, you can continue using a scratched refrigerator and claim a cash refund for the decrease in value.
• Free Repair: This means the product will be repaired by the seller or service provider without any cost to the seller. The seller cannot charge any additional fees for spare parts, labor, or shipping during the repair process.
• Replacement with a Defective Identical Item: This means the product will be replaced with a brand new one. If the same product is not in stock, the seller cannot use this as an excuse to force you to have it repaired; you can still exercise your other rights.

Burden of Proof and the Six-Month Presumption

The greatest advantage for consumers is the "presumption of defect." within the first six months are presumed to have existed at the time of delivery. This places the burden of proof on the seller. If the seller claims that "this product malfunctioned during the customer's use," they must prove it. The consumer does not need to prove that the product was defective at the time of delivery; it is sufficient that the defect appeared spontaneously.

How should the process be implemented?

Here are the steps you should follow when you encounter a defective product or service:

1. Notification Obligation: You must notify the seller as soon as you notice the defect. Verbal notifications may not be verifiable later; therefore, notification via email, registered mail, or registered electronic mail (KEP) will protect you legally.
2. Gathering Evidence: Take photos of the defective product and keep any service slips or service reports, if available.
3. Contacting the Seller: Inform the seller of your rights and request in writing that they fulfill your request (repair, return, etc.). If the seller refuses your request or fails to deliver the product within 21 business days (repair period), you can pursue legal action.

Points to Consider

• Hidden Defect: Some defects are not immediately apparent. For example, a fault in the motherboard of an electronic device may only become apparent after a month. This is a "hidden defect," and you can exercise your rights as soon as the defect becomes apparent within the 2-year statute of limitations period (1 year for second-hand goods).
• Service Process: If your product is sent for technical service, never forget to obtain a "Service Form." This document is the most important evidence of when the product was received and when it will be returned.
• User Error: Sellers often resort to the "user error" defense. However, this claim must be proven with an expert report or technical evidence. Simply making the claim does not invalidate the consumer's claim.

In cases of defective services (for example, a poorly painted house, a faulty vehicle repair), the process is similar, but here, "rectification of the defect" may become the primary right. The service provider may request a reasonable period of time to correct the mistake, but this period should be short enough to avoid causing hardship to the consumer.

These rights are fundamental rights guaranteed by law. No seller can place their own rules above the law, such as "we don't accept returns" or "we only process transactions with service receipts.".

Distance Selling and the Right of Withdrawal: Legal Rules of E-commerce

In the digital age, our shopping habits have changed radically. We no longer buy products by touching, trying, or seeing them; instead, we rely on photos, videos, and user reviews on screens. This leaves consumers vulnerable to the risk of "buying something they haven't seen." It is precisely at this point that the Distance Selling Contracts Regulation and Law No. 6502 provide consumers with an indispensable shield: the "Right of Withdrawal."

What is distance selling and what is its scope?

Distance selling refers to contracts established through remote communication tools (internet, telephone, catalogs, mobile applications, etc.) within a system designed for the marketing of goods or services remotely, without the simultaneous physical presence of the seller or provider and the consumer. The key factor here is that the parties do not physically meet face-to-face.

Right of Withdrawal: The Freedom to "Cancel Without Justification"

In distance selling, the consumer has the right to withdraw from the contract within 14 days without giving any reason and without paying any penalty. This means that the consumer can return the product if they do not like it after receiving it, if it does not meet their expectations, or simply if they have "changed their mind".

• Withdrawal Period: The period begins on the day the goods are received. If the contract relates to the provision of services, it begins on the day the contract is concluded.
• Information Obligation: The seller is obligated to inform the consumer in writing (via a pre-information form) about the existence, duration, and method of exercising the right of withdrawal. If the seller fails to provide this information, the withdrawal period will not be limited to 14 days and may extend up to one year. This represents a significant risk for the seller but a great assurance for the consumer.

Exercise of the Right of Withdrawal and Return Process

To exercise their right of withdrawal, consumers only need to send a written notification to the seller. Nowadays, these notifications are usually made digitally via the "Create Return Request" buttons on e-commerce websites. However, in a legal dispute, email records or shipment tracking numbers are crucial for proving that this request was made.

• Product Return: The consumer must return the product to the seller or their authorized representative within 10 days of notifying them of their cancellation.
• Return Shipping Costs: If stated in the pre-information form, the return shipping cost may be borne by the consumer. However, if the seller has promised "return shipping is free" or has a contracted shipping company of their choosing, they cannot pass the return shipping cost on to the consumer.
• Refund: The seller is obligated to refund the product price and any delivery costs to the consumer within 14 days of receiving the cancellation notice.

Exceptions to the Right of Withdrawal (Non-returnable Products)

Consumers cannot exercise their right of withdrawal for every product. Certain situations are exempted by law:

1. Personalized Products: Products specially prepared according to the consumer's wishes or personal needs (custom-made products, bespoke clothing).
2. Hygiene Products: Products whose packaging, tape, or seal has been opened; products whose return is not suitable for health and hygiene reasons (underwear, makeup, epilation devices, etc.).
3. Perishable Goods: Food items that spoil quickly after delivery or are likely to expire.
4. Digital Content: Unpackaged audio or video recordings, software programs, and data storage devices.
5. Newspapers and Magazines: Periodicals (excluding subscriptions).

Points to Note: “Product Testing”

The most common misconception among consumers is the limit on product usage. The right of withdrawal allows for the product to be inspected "as if it had been tried in the store." However, exercising the right of withdrawal after actively using the product for a week (for example, inserting a SIM card and using a phone, washing and wearing a garment) may be considered "abuse of the right of withdrawal" as it diminishes the product's value. The product must be in a condition suitable for resale.

Security and Transparency in E-Commerce

Sellers are required to provide consumers with a "Preliminary Information Form" that includes the main features of the product, the total price, the payment method, and details of the right of withdrawal. If this form is not available on a website, or if it contains misleading information, this falls under the category of "misleading advertising" and "violation of the consumer's right to information." Especially in cases involving "gambling," "guarantee promises," or "the sale of out-of-stock products," consumers can easily obtain their rights by applying to Consumer Arbitration Boards.

Distance selling regulations are essentially designed to build trust in e-commerce. As a consumer, knowing that the law is on your side, even in a transaction where you don't know who is behind the screen, is a fundamental requirement for a safe digital consumption experience.

Remedies for Consumer Disputes: Arbitration Boards and Courts

One of the strongest aspects of consumer law is that the methods used to resolve disputes are “fast, simple, and free.” The length, costs, and technical difficulties of traditional court processes can deter consumers from seeking their rights. However, with Law No. 6502, the legislator has created a special judicial and application system in favor of consumers. At the heart of this system are the Consumer Arbitration Boards.

What are Consumer Arbitration Boards (THH)?

Consumer Arbitration Boards are administrative bodies established to resolve disputes arising from consumer transactions and practices directed at consumers. These boards, which function somewhat like "people's courts," operate without the cumbersome and complex procedures of the ordinary judicial system.

The biggest advantage of Consumer Arbitration Boards (THHs) is that no fees, filing costs, or expert witness fees are charged to the consumer. Furthermore, there is no obligation to hire a lawyer; the consumer can handle their own case personally.

Application Process: e-Government and TÜBİS

Today, applications to the arbitration board are completely digitized. You can submit your application by logging in with your e-Government password via TÜBİS (Consumer Information System)

Application Steps:

1. Proof Document: Before submitting your application, you must have documentation (invoice, receipt, sales contract, credit agreement, service form, etc.) related to the transaction in dispute.
2. Preliminary Discussion with the Seller: According to the law, you must first try to resolve the issue with the seller or service provider. A written or digital record of the seller's refusal of your request will strengthen your application.
3. TÜBİS Application: After logging into the system, select the type of dispute and upload photos or scanned copies of any documents you have.
4. Tracking: Your application will be automatically forwarded to the competent arbitration board in your place of residence or where the transaction took place. You can track the process in real-time via e-Government.

Monetary Limits and Authority for 2026

To be eligible to apply to arbitration panels, the amount of the dispute must remain below the monetary limits determined annually according to the revaluation rate. As of 2026:

• District Consumer Arbitration Boards: They handle smaller disputes.
• Provincial Consumer Arbitration Boards: These boards are responsible for disputes that extend beyond district boundaries but do not exceed a certain upper limit.

These limits are the fundamental criteria that determine the avenues consumers can pursue for redress. If the amount of the dispute exceeds these limits, a lawsuit must be filed directly with the Consumer Court.

Consumer Courts

Consumer courts are the higher authority for handling consumer disputes, either due to decisions made by the Consumer Arbitration Board or due to exceeding limits. These courts are specialized courts responsible for handling consumer disputes. Here, proceedings a "simplified procedure ," meaning faster resolution of cases and a minimum number of hearings.

When applying to consumer courts, you are exempt from fees (application, judgment, and decree fees) as a consumer . However, if you wish to be represented by a lawyer during the court process, you will have to cover the legal fees yourself.

Nature and Enforceability of Decisions

Decisions made by the arbitration panel have the force of a court judgment. This means that if the decision is in your favor, the seller is obligated to comply. If the seller fails to comply, you can enforce the decision by going to the enforcement office under the provisions of the Enforcement and Bankruptcy Law.

Appealing the Decision: If either party (consumer or seller) wishes to appeal the arbitration board's decision, within 15 days . The court's decision is final. However, it should be noted that appealing the arbitration board's decision does not automatically suspend its enforcement. A separate injunction must be requested from the court to suspend enforcement.

Strategic Recommendations in the Justice Process

• Document Retention: Be sure to keep the invoice or payment receipt for every product you purchase for the duration of the warranty. Archive your digital invoices in a folder.
• Don't Miss Deadlines: Legal deadlines, such as the appeal period (15 days), can lead to loss of rights. Regularly check notifications from the arbitration board via e-Government or postal service.
• Expert Examination: If the product's defect requires a technical examination, the arbitration panel will appoint an expert if necessary. Clearly, concisely, and with evidence (video, audio recording, photographs) explaining the problem you experienced with the product to the expert will increase the likelihood of a favorable report.

Seeking redress in consumer disputes is a legal process, not a "fight." The system is structured in such a consumer-friendly way to ensure the safe functioning of the economy. By asserting your rights as an informed consumer, you protect not only yourself but also other consumers and prevent unethical practices in the market.

Consumer Loans, Subscription Agreements, and Enforcement and Bankruptcy Processes

The final stage of consumer law is financial literacy and debt management. Credit cards, home loans, and subscription contracts—all of which involve monthly bills—are essentially separate legal documents. In this section, we will detail the risks arising from financial transactions and the processes under the Enforcement and Bankruptcy Law (EBL) that come into play in case of non-payment of debt.

Consumer Loans: Things to Consider

When applying for a loan from a bank or financial institution, the "Information Form" provided to the consumer is crucial. This form should clearly state the interest rate, fees, and total repayment amount.

• Right of Withdrawal: The consumer may withdraw from the credit agreement within 14 days of signing it without giving any reason. In this case, the principal amount received must be repaid within 30 days; however, any fees paid in connection with the credit (processing fees, etc.) will not be refunded.
• Early Payment Discount: If you wish to pay off your loan before its due date, the bank may charge an "early repayment penalty" (within legal limits), but is obligated to provide a discount on interest and other costs for unpaid installments.
• Insurance Requirement: Banks may require insurance for the security of their own products, but consumers from an insurance company of their choice . It is an unfair condition for a bank to insist on "insurance only from our company."

Subscription Agreements: Ease of Termination

In contracts for fixed-term services such as internet, TV platforms, gym, or mobile phone subscriptions, the biggest problem for consumers is "difficulty in termination".

• Termination Rights: With fixed-term subscriptions (e.g., a 1-year commitment), you have the right to terminate the contract before the commitment period expires. However, in this case, you may face "cancellation fees," such as the refund of the remaining month's bill and any discounts you may have received.
• Indefinite Subscriptions: With this type of subscription, you can cancel it at any time free of charge by giving 30 days' notice.
• Unfair Terms: In subscription agreements, burdensome terms such as "termination can only be done by fax" or "cancellation can only be done by visiting a branch" are often considered unfair because they make it difficult for the consumer to exercise their right to withdraw. Many subscriptions can now be canceled with a single click via the e-Government system (e-Subscription system).

The Enforcement and Bankruptcy Law (EBL) Aspect

The debt collection process that arises when debts cannot be paid is the area that worries consumers the most, but also where their rights are clearest.

1. Execution without a Court Order: The creditor (bank, billing company, etc.) applies directly to the enforcement office and sends a "payment order" without having a court order in hand.
2. Right to Object: You can file a written objection with the enforcement office (or any enforcement office you choose) within 7 days of receiving the payment order . The enforcement proceedings will be suspended upon filing the objection. If you miss the 7-day deadline, you will be considered to have accepted the debt, and seizure proceedings will begin.
3. Non-seizability: Even if you are in debt, the law prohibits the seizure of certain assets to ensure you can maintain a dignified life. These assets are essential for the debtor's and their family's survival;
   • Kitchen and essential appliances (refrigerator, washing machine, etc.),
   • The tools and equipment necessary for performing his/her profession,
   • More than a quarter of the salary (excluding alimony debts),
   • Personal belongings,
   • Social assistance payments,
   • are exempt from seizure. If a bailiff attempts to seize them, you must immediately file a "claim of ownership" and take the matter to the enforcement court through a complaint.

Strategy in the Debt Process

If you are facing debt collection:

• Don't panic: Foreclosure proceedings don't proceed as quickly as you think. Keep track of the appeal deadlines.
• Restructuring: Especially with bank debts, contacting the bank and requesting restructuring (debt deferral) before the legal process begins can help you avoid enforcement costs.
• Action to Annul the Objection: If the creditor believes your debt is legitimate, they can file an "Action to Annul the Objection" against you after your objection. At this stage, seeking professional legal assistance from a lawyer is crucial.

This bridge between consumer law and enforcement and bankruptcy law actually shows that the consumer is not "helpless." Being in debt is not a crime; however, not knowing the legal processes or not complying with deadlines causes the debt to grow exponentially. Knowing your rights, the composure that comes from knowing what you can do even if a bailiff comes to your door, puts you in a much stronger legal position.