Consumer Law

In consumer disputes the size of the claim and the complexity of the process often run in opposite directions: a comparatively small sum can stretch over years if it is taken to the wrong forum with the wrong documents. The first question here is almost always the same. Does the dispute really arise from a consumer transaction, and which forum does the amount make competent?

Defective goods and services Claims for free repair, replacement with a defect-free equivalent, a reduction in price, and withdrawal from the contract with a refund; disputes over the scope of a guarantee, service periods, and the right to replacement where the same fault recurs. These four remedies belong to the consumer, and the seller cannot dictate which one is used. Defects appearing within a short period after delivery are presumed to have existed at the moment of delivery, and it falls to the seller to prove otherwise.

Distance sales and sales made away from business premises Exercising the right of withdrawal, goods not delivered or delivered late, returns and refunds, who bears the delivery cost, and whether the pre-contractual information duty was fulfilled. The cases where the right of withdrawal cannot be used are listed in the law: goods personalised at the consumer's request, perishable goods, hygiene products whose packaging has been opened, and digital content are among them.

Subscription contracts In subscription relationships such as telephone, internet, television, digital platforms and gyms, the consumer may terminate the contract early without giving a reason. Once the termination notice reaches the provider, the service must be stopped within a short period and the fee for the unused portion refunded. The provider cannot impose a route more difficult than the channel through which the subscription was taken out.

Housing and timeshare Pre-paid housing sale contracts, delay in delivery and the right to withdraw from the contract, the obligation to provide security, timeshare and holiday-sharing disputes, disagreements over service charges and management costs.

Banking and finance Fees, commissions and charges deducted without a legal basis, unfair terms in credit agreements, early repayment and restructuring of loans, credit card annual fees, and insurance or add-on products sold without the consumer's knowledge.

Review of unfair terms A term placed in a contract without being negotiated with the consumer, which creates an imbalance to the consumer's detriment contrary to the rule of good faith, counts as an unfair term and does not bind the consumer. In standard contracts, the fact that a term was drafted in advance raises a presumption that it was not negotiated, and it falls to the seller or provider to prove otherwise.

Frequently asked questions

Should I apply to the consumer arbitration committee or to the court? If the amount in dispute falls below the monetary threshold, which is updated each year by the revaluation rate, applying to the consumer arbitration committee (tüketici hakem heyeti) is compulsory; a case filed directly for a dispute below that threshold is dismissed on procedural grounds. Disputes above the threshold are heard by the consumer court. The threshold that applies is the one in force on the date of application, so it should be checked against the communiqué published by the Ministry of Trade at the start of the year.

Is there a fee for applying to the committee, and do I need a lawyer? An application to the arbitration committee is free of court fees, and representation by a lawyer is not compulsory. The application can be made through the Consumer Information System on e-Devlet, or by petition to the relevant district governorship or provincial trade directorate. Attaching the contract, the invoice, the guarantee certificate, the payment receipt and any correspondence speeds the process up.

What can I do if I am unhappy with the committee's decision? The decision may be challenged before the consumer court in the consumer's place of residence within fifteen days of service. The court's decision on that challenge is final. Where a committee decision is in the consumer's favour, it is treated as equivalent to a court judgment and can be enforced.

How long is the withdrawal period in a distance sale? The consumer may withdraw within fourteen days of delivery of the goods, or of the conclusion of the contract in the case of services, without giving any reason and without paying a penalty. Where the seller has not given proper information about the right of withdrawal, that period is extended. Once the notice of withdrawal arrives, the seller must refund the payments, including delivery costs, within the period set in the law.

What is the limitation period for defective goods? Unless a longer period is provided in the law or in the contract, liability for a defective product runs for two years from delivery, and for five years in the case of housing and holiday properties. Where the defect was concealed through the seller's gross fault or deceit, the limitation rules do not apply and a claim can be made even after the period has passed.

Do consumer rights apply to second-hand purchases? Where the seller is acting in the course of a commercial activity, consumer legislation applies to second-hand sales as well; the second-hand motor vehicle trade is one example. A sale between two private individuals, on the other hand, is not a consumer transaction, and the dispute is heard by the civil court of first instance under the general provisions.

Time limits and procedures

• Liability for defective goods: two years from delivery; five years for housing and holiday properties. Where the defect was concealed by deceit, the limitation period does not run.
• Notifying a defect: the defect should be reported to the seller within a reasonable time of being noticed; giving notice in writing, or through a channel that leaves a record, makes it easier to prove.
• Right of withdrawal: fourteen days in distance contracts and contracts concluded away from business premises. The period is extended where no pre-contractual information was given.
• Pre-paid housing sales: the consumer's right to withdraw from the contract and the maximum period for delivery of the property are set out in the law; if delivery does not take place, the right to withdraw arises.
• Challenging a committee decision: fifteen days from service, to the consumer court.
• Compulsory mediation: a procedural precondition for disputes that will be heard by the consumer court. Disputes falling within the arbitration committee's remit, and challenges to committee decisions, are outside this.
• Competent court: the consumer court; where there is none, the civil court of first instance sits as a consumer court.
• Court and forum with jurisdiction: the consumer's place of residence or the place where the transaction was made. A jurisdiction agreement cannot be made to the consumer's detriment.

In consumer disputes the outcome depends on the contract, the invoice, the guarantee certificate, the expert examination and the assessment of the forum applied to. No undertaking as to result can be given at any stage.