Rights Arising from Defective Goods and Services in Consumer Contracts
Consumers have certain rights when they encounter a defect in the products or services they purchase. These rights are regulated by the Law No. 6502 on the Protection of Consumers.
What is a Defect?
A defect is when a good or service does not have the qualities specified in the contract or that can be reasonably expected. For example, a scratch on the screen of a television, a malfunction in the engine of a car, or a careless repair by a repairman can be considered defective goods or services.
What are the Rights of the Consumer in Defective Goods or Services?
The consumer may request that the good be replaced with a defect-free one or a discount in proportion to the defect. For example, if there is a scratch on the screen of a television, the consumer may request that the television be replaced with a new one or a discount on the price of the television in proportion to the extent of the scratches.
The consumer may request that the good be repaired free of charge, unless it requires an excessive expense. For example, if there is a malfunction in the engine of a car, the consumer may request that the car be repaired free of charge.
The consumer has the right to withdraw from the contract, including a refund. However, this right can only be exercised if the defect is significant or if the seller has not fulfilled the consumer’s requests for a non-defective product or a discount in proportion to the defect.
Things Consumers Should Pay Attention to in Defective Goods or Services
The consumer must notify the seller of the defective product or service within two months from the moment they receive it. Otherwise, the consumer’s rights arising from the defect may be waived.
Before returning the defective product or service to the seller, the consumer must allow the seller a reasonable period of time for repair or replacement.
The consumer must keep all documents (invoice, warranty document, etc.) related to the defective product or service.
Consumers can apply to Consumer Arbitration Boards or courts regarding problems they experience regarding defective products or services.
