What Rights Do Consumers Have for Products Purchased in Installments?

What Rights Do Consumers Have for Products Purchased in Installments?

The legal options available to consumers in installment sales are stipulated in Article 17 and the following articles of the Law on the Protection of the Consumer No. 6502, titled "Installment Sales Contracts."

Article 17 of the Law on the Protection of the Consumer- (1) An installment sales contract is a contract whereby the seller or provider undertakes to deliver the goods or perform the service, and the consumer pays the price in installments.

(2) The provisions of this section also apply to financial leasing contracts where the consumer is under the obligation to acquire ownership of a good at the end of the rental period.

(3) An installment sales contract shall not be valid unless it is established in writing. A seller or provider who has not entered into a valid contract cannot subsequently claim the invalidity of the contract in a way that would be to the detriment of the consumer.

As clearly regulated in the Law, the seller cannot increase the total sales price of the goods and services they have declared. If the producer is continuously increasing prices and reflecting this situation incorrectly on labels, the consumer has the opportunity to resort to legal remedies.

When a consumer purchases a product from a firm in installments, it is required that an installment sales contract be made. The consumer has the right to pay off the debt they have incurred based on this installment sales contract by paying the remaining installments before the due date. The firm is under the obligation to apply interest discounts on the amounts paid by the consumer within the scope of the installment sales contract.

When a consumer enters into an installment sales contract with a firm, they have the right to receive a copy of this contract. The consumer's inability to access the text of the contract may cause them to suffer a loss of rights in the resolution of future legal problems. The installment sales contract must specify the cash price of the goods and services, the total amount to be paid including interest according to the maturity, the down payment, the monthly or annual payment plan, the interest amount, the annual interest rate used for interest calculation, and the default interest rates.

Law No. 6502 on the Protection of the Consumer grants the consumer the right of withdrawal in installment sales contracts.

Article 18 of the Law on the Protection of the Consumer- (1) The consumer has the right to withdraw from the installment sales contract within seven days without giving any justification and without paying any penalty.

(2) It is sufficient for the notification that the right of withdrawal has been exercised to be directed to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.

(3) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer may only use the goods to the extent required by an ordinary inspection; otherwise, the consumer cannot exercise the right of withdrawal. The consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has begun with the approval of the consumer before the expiry of the withdrawal period.

(4) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

The right of withdrawal introduced to protect the consumer includes a time limitation. The consumer can exercise the right to withdraw from the installment sales contract for the product they received from the seller within 7 days without providing any justification, and without making any payment if there is a penalty clause in the contract. This matter has brought the consumer the right to withdraw from the contract without needing to explain why they do not like the product they received. In addition to being a very important development, it is required that consumers strictly adhere to the 7-day period.

What Are Consumers' Rights in Door-to-Door Sales?

Products purchased from organizations engaged in door-to-door sales have a “7-day trial and comparison period.” If the buyer decides against purchasing the product within this period, they must send a formal notice to the seller through a notary public. The seller is required to return the down payment received and any promissory notes signed.

– A buyer who does not send a formal notice to the firm within 7 days is considered to have accepted the product. Therefore, close attention should be paid to the date on the contract, and backdated contracts should not be signed.

What Are Consumers' Rights Regarding Consumer Loans?

A copy of the contract must be obtained for any consumer loan taken from a bank or financial institution. The terms contained in this contract cannot be changed to the customer's disadvantage in any way. For example, interest rates cannot be increased under any pretext unless provided for in the contract.

– If the buyer wishes to pay off all or part of the debt in advance, the bank or financial institution is required to make the necessary interest and commission discounts.

What Are Consumers' Rights in Sales with Campaigns?

The seller is obliged to deliver the goods sold via the campaign method on time. Furthermore, they cannot demand additional money, nor can they provide any product other than the goods committed or a superior model thereof.

UNIVERSAL CONSUMER RIGHTS

According to the United Nations Universal Declaration of Consumer Rights, to which Turkey is a party, there are 9 fundamental and universal consumer rights.

1- Right to Basic Needs: Every consumer has the right to demand the satisfaction of their most basic needs, such as shelter, communication, and transportation.

2- Right to Health and Safety: Any goods or services offered for sale must not be in a condition that would harm the user's life or health.

3- Right to Information: Consumers must be provided with access to necessary information when purchasing goods or services and protected against misleading advertisements or labels.

4- Right to Education: Consumers must be educated on this subject in educational institutions in order to protect their rights.

5- Right to Compensation for Damages: Damages suffered by the consumer due to the purchased goods or services must be compensated, and the goods or services must be delivered to the consumer again.

6- Right to Protection of Economic Interests: Goods and services must be offered to the consumer at the most affordable prices to allow for product comparison, and any necessary technical support must be provided after the sale.

7- Right to Choose: Goods or services of appropriate quality and price must be offered to the consumer, and consumers must be able to access these products or services whenever they wish.

8- Right to be Represented, Organize, and Make Their Voice Heard: Economic and political policies must take into account consumers' rights to protect their interests and resolve grievances.

9- Right to Live in a Healthy Environment: Natural resources must be used appropriately to create an environment suitable for health conditions.

SITUATIONS TO BE CAREFUL ABOUT

You have the right to exchange a product after you have purchased it. However, the first important point to consider here is not to use the product you have purchased, and the second is not to miss the product return period.

Let's say you bought a product and it became faulty. You have the right to exchange the product directly without waiting for it to go to warranty service. You have the right to demand that all the content offered to you in the products you purchase be present in your product.

There must be no defects in the product you purchase.

If you have not made a contract with the seller when you purchase any product, every conversation you have with the seller about the product will be considered as part of the contract terms.

APPLICATION TO THE CONSUMER ARBITRATION COMMITTEE

You can apply to the consumer arbitration committee to complain about the seller of the product you purchased or the firm. To exercise your right to file a consumer rights complaint, you can apply to the consumer court or file a complaint by calling the consumer rights phone number. The complaint you have made will be examined by the arbitration committee, and the necessary checks on the firm will be carried out. You will then be notified about this matter.