Welcome, Ms. Gizem. Today I will only be asking about my curiosities regarding consumer rights. First of all, what are the Universally Accepted Consumer Rights?

Welcome, Ms. Gizem. Today, I will only ask questions about what I am curious about regarding consumer rights. First of all, what are the Universally Accepted Consumer Rights?

Hello, first of all, thank you very much for your kind invitation. It is a fact that today's consumer issues are multi-dimensional and comprehensive. The qualitative and quantitative aspects of these issues are reflected in the country's industrialization and development. They are at a technological level involving investment, production, consumption, distribution, price, exports, and imports. Economic policy; social policies such as employment, wages, education, health, and culture change depending on the country's political, social, democratic, and development level. The aforementioned social needs and problems are consumption, the consumer, and the consumer. In its broadest sense, a consumer is one who sustains their life, existence, and activity. It appears as anyone who buys and uses goods and services. In the narrow sense of economic and social life, the concept of a consumer is as follows: it is every person, institution, and family that meets the economic, social, and cultural needs of consumers, purchases the final product or service, and finally uses it or produces it themselves. All individuals in society are final consumers. In fact, almost every consumer is accepted as a term covering the entire population. In this respect, protecting the consumer actually means protecting the people living in the country.

The "Law No. 4077 on the Protection of the Consumer," enacted to protect the health and safety and economic interests of the consumer, to enlighten and educate them, to compensate for their losses, to take measures ensuring their protection from environmental hazards, to encourage initiatives by consumers to protect themselves, and to promote voluntary organizations in the formation of policies on this subject, was published in the Official Gazette dated 08.03.1995 and numbered 22221. The law came into effect on September 8, 1995. With this law, the eight rights declared by the International Organization of Consumers Unions were also granted to Turkish consumers. These rights were first included in a report presented to the House of Representatives by former President J.F. Kennedy in the U.S. on March 15, 1962, and were later declared to the whole world as universal consumer rights by the EEC Council on April 14, 1975.

These rights are;

The right to the protection of consumer health and safety

The right to the protection of the economic interests of consumers

The right of the consumer to complain or make their voice heard

The right of the consumer to be represented, and

The right of the consumer to be enlightened, educated, and informed.

What is the Purpose of the Law on the Protection of the Consumer?

The purpose of the Law on the Protection of the Consumer is to regulate matters related to taking measures to protect the health and safety and economic interests of the consumer in accordance with the public interest, to compensate for their losses, to ensure their protection from environmental hazards, to enlighten and raise the awareness of the consumer, to encourage initiatives by consumers to protect themselves, and to promote voluntary organizations in the formation of policies on these issues.

Can a Seller or Provider Claim Rights Regarding Unordered Goods and Services?

This topic has a very important place in consumer law. Today, many legal disputes arise from the question you have asked. In cases where unordered goods are sent or services are provided, no rights can be asserted against the consumer. In such cases, the silence of the consumer or the fact that they have used the good or service cannot be interpreted as an expression of acceptance for the formation of the contract. The consumer is under no obligation to return or keep the good. The party claiming that a good or service was ordered bears the burden of proving this claim.

What is Defective Good?

A defective good is defined as a good that is contrary to the contract because it does not comply with the sample or model agreed upon by the parties at the time of delivery to the consumer, or because it does not possess the qualities it should objectively have. Therefore, the seller is obliged to deliver the good subject to the contract in accordance with the sales contract. Furthermore; goods that do not carry one or more of the features included in their packaging, label, introductory and user manual, internet portal, or advertisements and announcements; that are contrary to the quality reported by the seller or determined in its technical regulation; or that contain material, legal, or economic deficiencies that reduce or eliminate the benefits that the consumer reasonably expects, are also accepted as defective.

Article 8 of the Law on the Protection of the Consumer No. 6502 defines defective goods. A defective good is a good that is contrary to the contract because it does not comply with the sample or model agreed upon by the parties at the time of delivery to the consumer, or because it does not possess the qualities it should objectively have. Goods that do not carry one or more of the features included in their packaging, label, introductory and user manual, internet portal, or advertisements and announcements; that are contrary to the quality reported by the seller or determined in its technical regulation; or that do not meet the intended use of equivalent goods and contain material, legal, or economic deficiencies that reduce or eliminate the benefits that the consumer reasonably expects, are also accepted as defective. Failure to deliver the good subject to the contract within the time period agreed upon in the contract, or failure to assemble it properly in cases where assembly is performed by the seller or under their responsibility, is considered a breach of contract. In cases where the assembly of the good is intended to be done by the consumer, if the assembly is done incorrectly due to an error or deficiency in the assembly instructions, a breach of contract occurs.

A consumer may have purchased a good within the framework of a sales contract, but there may be some defects in the good received. According to the Turkish Code of Obligations, a defect occurs as a result of the good subject to the contract not possessing the qualities promised by the seller or the absence of essential qualities that the good should have by its nature. A defect can be defined as the presence of features that should not be present in the item sold according to the contract or in terms of quality, or the absence of features that should be present.

To Whom Does the Burden of Proving that the Good is Not Defective Belong?

This issue is explained in detail in Article 219 of the Turkish Code of Obligations. The seller is liable to the buyer not only for the absence of the qualities they have communicated in any way but also for the existence of material, legal, or economic defects that are contrary to the quality or quantity affecting the quality, and that eliminate or significantly reduce its value in terms of intended use and the benefits the buyer expects from it.

The seller is liable for these defects even if they are unaware of their existence. A defect can occur in three ways:

Material Defect:

A material defect is mentioned in cases where the features/materials that should be present in the good are missing, or there are deficiencies that prevent the intended use of the good. For example, the good being broken, stained, cracked, etc.

Economic Defect:

These are defects that reduce the economic value of the good/service. These defects reduce the degree of benefit derived from the product.

Legal Defect:

Although there is no material defect in the product, the use of the product is legally restricted or prohibited. For example, a plot of land sold as zoned for construction turning out to be unzoned.

What are the Consumer's Optional Rights in Case the Good is Found to be Defective?

Within the scope of defective goods, the consumer has four optional rights;

To rescind the contract by declaring that they are ready to return the sold item,

To retain the sold item and request a discount on the sale price in proportion to the defect,

To request the free repair of the sold item at the seller's expense, provided it does not require excessive cost,

If possible, to request the replacement of the sold item with a non-defective equivalent,

The seller is obliged to fulfill the demand chosen by the consumer. The rights to free repair or replacement with a non-defective equivalent can also be exercised against the manufacturer or importer. Therefore, the seller, manufacturer, and importer are jointly and severally liable for the fulfillment of these optional rights. However, the manufacturer or importer is not held liable if they prove that the defect arose after the good was released into the market by them.

If free repair or replacement with a non-defective equivalent brings disproportionate difficulties for the seller, the consumer may use one of the rights of rescinding the contract or a price reduction in proportion to the defect.

Is the Seller Obliged to Fulfill the Consumer's Choice Regarding a Defective Good?

In Article 11 of the Law on the Protection of the Consumer No. 6502, the optional rights of the consumer in case the good is defective are regulated. In these optional rights, the consumer has the right to rescind the contract, including a refund; to request the replacement of the good with a non-defective equivalent; a price reduction in proportion to the defect; or free repair. The seller is obliged to fulfill the demand chosen by the consumer. As explained, the consumer can use any of their optional rights. As accepted in doctrine and practice, the consumer must exercise their optional rights through a unilateral declaration of intent that must reach the other party.

What is a Defective Service?

A defective service is a service that is contrary to the contract because it does not begin within the period specified in the contract or does not possess the features agreed upon by the parties and that it should objectively have.

What are the Consumer's Optional Rights Due to Defective Service?

The consumer is free to exercise one of the following rights against the provider: a price reduction in proportion to the defect in the service, or rescinding the contract, including a refund of the price paid for the service.

What is a Warranty Certificate?

It is the document that contains the terms for the repair of malfunctions that may occur in a product within a certain period, or its replacement with a new product, or a refund of its price, which imposes obligations on the manufacturer-importer and provides trust to the consumer.

Under the warranty certificate, the warranty period must be at least two years. It is the official document issued by manufacturers or importers for the goods they sell, produce, and/or import, which undertakes that the good will be replaced with a new one free of charge, repaired, refunded, or subject to a price discount for at least (2) two years or within the unit of measurement determined due to its nature in case of malfunctions that may occur during the warranty period, and which shows the obligations of the seller and the consumer.

In which situations should we call Alo 175?

The "Alo 175 Consumer Advisory Line," established within the Ministry, serves as a "call center" where solutions to the problems our consumers face are offered and they are directed to the relevant authorities they should apply to for the resolution of consumer disputes.

With the Alo 175 Consumer Advisory Line, our consumers can also report products and companies that pose a risk in terms of human health, life, and property safety, and receive information about their problems.

Let's say we had a problem with products we bought online. Where can we complain about virtual shopping sites?

One of the most common issues recently is where to file a complaint in the face of injustices experienced by consumers. In this regard, citizens can make an application via e-Government through the "Application to Consumer Arbitration Committees" tab. In orders made in a virtual environment, the consumer must research the selling company.