Consumer Law Practices

2021-03-22T13:13:11+00:00 17 March 2021|

Consumer is a natural or legal person that does not have commercial or professional purposes.

A defective good is the lack of features that a person objectively expects from the product he purchases.

Responsibility of the seller for the defect:

It is the responsibility of the seller against the consumer, arising from the lack of qualifications that eliminate or significantly reduce the value of the sold item in terms of the intended use or the benefits expected from it.

In the case of defective goods, the consumer is given optional rights;

-You can return from the contract by giving back the sold.

-Can keep what is sold and ask for a discount at the rate of shame

-May ask for repair,

-If there is a possibility, he / she may ask for the exchange of what is sold.

The Court of Cassation has adopted that if the defect mentioned is small, it can be repaired due to its nature, it is not necessary to change the said property.

The person can change his / her right of choice during the trial without correction during the trial.

What if training could not be provided in private education institutions during the pandemic process and additional services such as food, service and accommodation could not be provided? There is force majeure here. Both parties cannot have difficulty in fulfilling the actions agreed in the contract. The educational institution cannot be forced to provide training, and the educational institution cannot force money from the other party. Since the education continues online, the tuition fee must be paid. However, if additional services cannot be provided in addition to education, their fee should not be charged.

After the consumer contract is established, the consumer has the right to withdraw from the contract under certain conditions. The right of withdrawal gives the consumer the right not to explain the reason. The consumer can return the product he bought without stating a reason. The seller cannot make any deductions from the consumer who uses the right of withdrawal. As soon as the consumer declares to the seller that he wants to use his right of withdrawal, the seller must provide ease of return.

Supreme Court 04.10.2018, 2018 / 544E., 2018 / 1421K. The consumer buys timeshare in 2015. Subsequently, the consumer goes to take the timeshare service in 2017. He returns a few days later and states that he has withdrawn from the contract to the company. The court of first instance and the Supreme Court decide that the person cannot withdraw from this contract. The General Assembly of Law states that the consumer’s right of withdrawal starts when the service or goods in question are taken over by the consumer. Even if the consumer completes the contract in 2015, the consumer may withdraw from the contract as he receives the first service in 2017.

CONSUMER CREDIT AGREEMENT

Consumer loans also have an important place in the banking practice. Especially for cars, mortgages and loans, banks extend consumer loans to their customers. Business acquisition loan is not included in the scope of housing loan as it has commercial purposes. The bank also takes into account the income when lending.

The lender and the loan intermediary, if any, must provide the consumer with the pre-contractual information form, which includes the terms of the loan contract they offer, within a reasonable time before the contract is established. Reasonable time; It is the time until the consumer reads the contract and says okay. If no information is given, the contract is invalid.

Stj. Hunting. Dilan Ecem Ceylan

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