LAW ON CONSUMER PROTECTION Law Number : 6502 Date of Acceptance : 7/11/2013 Official Gazette published: Date : 28/11/2013 Issue : 28835 Published by : Edit : 5 Volumes : 54 PART THREE Shameful Goods and Services PART ONE Shameful Goods Shameful merchandise ARTICLE 8- (1) Defective goods are goods that are contrary to the contract at the time of delivery to the consumer, due to the fact that they do not conform to the sample or model agreed by the parties, or do not have the characteristics that they should have objectively. (2) Goods that do not carry one or more of the features contained in their packaging, label, promotion and user manual, internet portal or advertisements and advertisements; that contradict the quality reported by the seller or determined in its technical regulation; that do not meet the intended use of the equivalent goods, that reduce or eliminate the benefits reasonably expected by the consumer, are also considered to be defective. (3) Failure to deliver the goods subject to the contract within the period agreed in the contract, or failure to assemble them properly in cases where the installation is carried out by the seller or under his responsibility, is considered a performance contrary to the contract. In cases where the installation of the goods is provided for by the consumer, if the installation is performed incorrectly due to inaccuracy or incompleteness in the installation instructions, there will be a performance contrary to the contract. Responsibility for the shameful property ARTICLE 9- (1) The seller is obliged to deliver the goods to the consumer in accordance with the sales contract. (2) The Seller shall not be bound by the content of the disclosure if he proves that he is not aware of the disclosures made through advertising that are not caused by him and that he cannot be expected to be informed, or that the content of the disclosure made has been corrected at the time of the conclusion of the sales contract, or that the decision to establish a sales contract is not related to causality with this disclosure. Burden of proof ARTICLE 10- (1) Defects that arise within six months from the date of delivery are considered to exist on the date of delivery. In this case, the proof that the goods are not defective belongs to the seller. This presumption is not applied if it is incompatible with the nature of the property or shame. (2) In cases where the Consumer is aware of the defect on the date of establishment of the contract or is expected to be aware of it, there will be no violation of the contract. The consumer's electoral rights are reserved against other defects other than these. (3) A label containing explanatory information about the defect of the goods shall be placed on the defective goods to be offered for sale or on their packaging by the manufacturer, importer or seller in such a way that the consumer can easily read it. It is mandatory to provide this label to the consumer or to clearly display the explanatory information about the month on the invoice, receipt or sales document provided to the consumer. Products that do not comply with the technical regulations may not be placed on the market in any way. These products are subject to the provisions of the Law on the Preparation and Implementation of Technical Legislation Related to Products and other relevant legislation. Consumer's rights of choice ARTICLE 11- (1) In case it is understood that the goods are defective, the consumer; a) To withdraw from the contract by informing that he is ready to return the sold, b) Withholding what has been sold and asking for a discount from the sale price at a shameful rate, c) If it does not require excessive expenses, all expenses belong to the seller don't ask for the sold to be repaired for free, ç) If possible, do not ask for the sold to be replaced with a shameful equivalent, he can exercise one of his electoral rights. The seller, instead of this request preferred by the consumer, he is obliged to bring it. (2) The rights of free repair or replacement of the goods with a shameless multiple by the manufacturer or it can also be used against the importer. The seller, the manufacturer and the importer are severally responsible for the fulfillment of the rights in this paragraph. The manufacturer or importer shall not be held responsible if he proves that the defect arose after the goods were placed on the market by him. (3) The consumer may use one of the rights of withdrawal from the contract or discount from the price at a shameful rate, even if the free repair or replacement of the goods with a shameless multiple will bring disproportionate difficulties for the seller. In determining the disproportion, considerations such as the immodest value of the goods, the importance of the defect and whether applying for other electoral rights will pose a problem for the consumer are taken into account. (4) In case one of the rights of free repair or replacement of the goods with an undue amount is selected, it is mandatory to fulfill this request within a maximum of thirty working days from the date of sending it to the seller, manufacturer or importer, and sixty working days for residential and holiday real estate. However, the consumer's request for free repair for the goods included in the list of the regulation Oct issued in accordance with Article 58 of this Law shall be fulfilled within the maximum repair period specified in the regulation. Otherwise, the consumer is free to exercise other electoral rights. (5) In cases where the consumer chooses the right to withdraw from the contract or to discount the price at a shameful rate, the entire price he has paid or the amount of the discount made from the price shall be refunded to the consumer. (6) All expenses incurred due to the exercise of electoral rights shall be borne by the party fulfilling the right chosen by the consumer. Along with one of these electoral rights, the consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations dated 11/1/2011 and numbered 6098. I accept that I purchased the product sale in accordance with the rules set out in the Consumer Law No. 6502 and the Distance Sales Contract Regulation. IMPORTANT INFORMATION: IN ACCORDANCE WITH THE EXCEPTION SPECIFIED IN PARAGRAPH 15/1-b OF THE DISTANCE CONTRACTS REGULATION, THE RIGHT OF WITHDRAWAL CANNOT BE USED IF THE PRODUCTS SENT TO YOU WITHIN THE SCOPE OF PERSONAL CONTRACTS ARE PREPARED IN ACCORDANCE WITH PERSONAL NEEDS IN ACCORDANCE WITH THE AGREEMENT. Oct Oct-1 : Consumer Law No. 6502 Oct Oct-2: Regulation on Distance Sales Contracts.
