Consumer Law

Consumer law is a legal field that protects the rights of individuals purchasing goods or services and regulates the conduct of relationships between sellers and consumers. Everyday transactions—including online orders, subscriptions, electronics purchases, and financial services—fall under this scope. Since consumers are often in a weaker economic position, the law provides a robust protection mechanism.

Consumer law encompasses issues that require swift resolution in practical matters, making proper process management crucial. Both sellers must comply with regulations and consumers must correctly exercise their rights. Otherwise, rights may be lost or applications may be unsuccessful. Therefore, in consumer law disputes, it is important to conduct both legal and technical assessments, decide on the most appropriate course of action, and manage the application process correctly.

What is Consumer Law?

Consumer law is a specialized field established to protect consumers in contracts made with sellers or providers. The Law No. 6502 on the Protection of Consumers regulates the conditions under which consumers are protected, their rights, and the methods for dispute resolution.

Scope of Practice:
· Defective goods and services
· Warranty processes and after-sales support
· Distance Contracts (E-commerce)
· Subscription agreements
· Right of withdrawal and return processes

Consumer law imposes significant obligations on sellers while simultaneously offering consumers quick and effective avenues for redress. Therefore, knowing when and how to exercise each right in consumer law disputes is crucial. Incorrect or incomplete applications can lead to loss of rights. Choosing the correct legal avenue ensures a swift resolution of the process.

Fundamental Rights in Consumer Contracts

Contracts signed in consumer transactions define the framework of rights and obligations between the parties and are of great importance in terms of consumer protection. Consumers have certain fundamental guarantees when accepting a contract, and these guarantees are clearly regulated under both the Turkish Code of Obligations and the Law on Consumer Protection. Therefore, it is essential that the consumer is informed during the contract process, that their consent is obtained freely, and that the contract terms are presented transparently.

Right to Information: All terms, prices, and delivery conditions must be presented clearly and transparently.

Protection Against Unfair Terms: Imbalanced terms added to a contract without the consumer’s negotiation power are legally void.

Right of Withdrawal: In distance (online) sales, consumers have the right to withdraw from the contract within 14 days without providing any reason.

In addition to all these rights, consumers have the right to choose between different options in the face of defective goods and services, to be informed before the contract, to give explicit consent regarding additional fees, to have their personal data protected, and to seek redress in case of breach of contract. In case of violation of these rights, consumers have a wide range of legal avenues available, and the provisions of legislation protecting consumers will apply instead of the contractual provisions.

Defective Goods and Services

The right of withdrawal is one of the fundamental safeguards that allows consumers to terminate contracts in distance selling without giving any reason and without paying any penalty. Especially in online shopping, where consumers purchase products without physically seeing them, the legislator has created a strong protection mechanism in favor of the consumer. Therefore, the right of withdrawal is one of the best-known and most frequently applied rights in consumer contracts.

In distance selling, the consumer can exercise their right of withdrawal within 14 days from the date of receipt of the product. During this period, the consumer is not required to provide any reason for returning the product, and the seller does not have the right to refuse the withdrawal request. It is sufficient for the withdrawal statement to be submitted in writing, via a durable data storage medium, or through the communication channels provided by the seller. During this process, the seller is obligated to inform the consumer that they have received the withdrawal request.

After exercising their right of withdrawal, the consumer must return the product to the seller within 10 days. The seller, in turn, is obligated to refund the consumer’s payment within 14 days of receiving the product. The refund must be made using the same payment method used during the sale, and no deductions can be made from the consumer’s account. Furthermore, the seller cannot implement additional procedures or delay payment practices that would complicate the return process. The law provides specific provisions to protect consumers in such cases.

The right of withdrawal may be restricted for some products and services. For example, products that cannot be returned due to hygiene reasons, custom-made orders, or digital services that are fulfilled immediately may fall within this scope. However, these exceptions must be clearly and understandably communicated to the consumer before the purchase. Exceptions that are not communicated are considered invalid, and the consumer can still exercise their right of withdrawal.

In addition to the right of withdrawal, consumers can exercise their optional rights if the product is defective. Returns of defective products differ from the standard right of withdrawal in distance selling, and in this case, the consumer has the right to choose between repair, exchange, price reduction, or termination of the contract. These two processes should not be confused and each should be evaluated on its own merits.

Consumers’ Optional Rights Regarding Defective Goods and Services

Consumers have specific rights under the category of “defective goods” or “defective services” if the goods or services they purchase do not conform to the contract, technical specifications, or intended use. Defects can include both defects present at the time of delivery and hidden defects that become apparent shortly after delivery. Therefore, consumers can legally assert many discrepancies that arise after receiving the product.

In the case of defective goods, the most important safeguard for the consumer is their right to choose. The law grants the consumer four different options, and the consumer can choose any of these rights. This choice cannot be directed or restricted by the seller. The right to choose is as follows:

1. Rescission of the Contract: Returning the product for a full refund.
2. Replacement: Swapping the product with a non-defective equivalent.
3. Free Repair: Having the defect fixed at no cost.
4. Price Reduction: Keeping the product with a discount proportional to the defect.

Each of these rights is designed to protect the consumer, and the choice is entirely up to the consumer. The seller is obligated to fulfill the consumer’s request. While free repairs are common, especially for technical products, the consumer can also request a direct refund if they wish.

Timing is crucial in claims regarding defective goods. The consumer is obligated to notify the seller within 30 days of discovering the defect. However, defects that become apparent within six months of delivery are presumed to have existed at the time of delivery, and in this case, the burden of proof rests with the seller, not the consumer. This regulation is a special safeguard introduced to protect consumers.

Similarly, consumers have rights of choice in cases of defective services. In cases of incomplete, late, or faulty service, the consumer may request that the service be performed again, request a discount on the service fee, or withdraw from the contract. The service provider cannot restrict the consumer’s right of choice and is obliged to fulfill the request.

Since disputes regarding defective goods and services often require technical evaluation, consumers can apply to the Consumer Arbitration Board or the Consumer Court if necessary. Arbitration boards offer quick and practical solutions, especially for disputes involving low amounts. In this process, it is important to keep records, submit written applications on time, and support the defect with photographs, videos, or technical reports.

Distance Sales and E-Commerce

Distance selling contracts are agreements made between consumers and sellers or suppliers via remote communication methods such as the internet, telephone, SMS, or mobile applications, without physical interaction. With the widespread adoption of e-commerce, these contracts have become one of the most important areas of consumer law. Because consumers conduct transactions without seeing the product or communicating face-to-face with the seller, the law provides stronger safeguards for consumers in distance selling.

In distance selling, the seller is obligated to provide the consumer with clear, understandable, and non-misleading information before the purchase. The product’s essential features, total price, delivery time, right of withdrawal, return conditions, additional fees, and the seller’s contact information must be clearly presented to the consumer. The seller cannot direct the consumer to enter into a contract without providing this information. This obligation is fulfilled through a “pre-information form” in online purchases.

One of the most critical elements of distance selling is the right of withdrawal. The consumer can withdraw from the contract within 14 days of receiving the product without giving any reason. The seller cannot include clauses in the contract that limit or eliminate the right of withdrawal. Furthermore, the consumer is not obligated to prove that they have exercised their right of withdrawal; a simple statement is sufficient. The seller, however, is obligated to inform the consumer that they have received the withdrawal request.

Another important regulation aimed at protecting consumers in e-commerce concerns delivery and return processes. The seller is obligated to deliver within the specified time, and in case of delays, the consumer can withdraw from the contract. No additional fees can be charged to the consumer during the return process, the consumer cannot be penalized for exercising their right of withdrawal, and the refund must be made within 14 days. Furthermore, if the seller makes the return process difficult, it is considered an unfair condition against the consumer.

One of the common problems in e-commerce is misleading advertising and campaigns. Misinforming consumers while directing them towards a purchase, offering discounts that are not actually available, or offering products that are out of stock is against the law. Such practices may result in administrative sanctions, as well as giving the consumer the right to withdraw from the contract or claim compensation.

In e-commerce, the protection of personal data is of great importance to consumers. Sellers can only process consumer data with explicit consent and are obligated to ensure the security of the data. Sharing data with third parties, sending unauthorized marketing messages, or data leaks due to security vulnerabilities may give rise to separate legal processes that the consumer can pursue.

Distance Sales and E-Commerce

Distance selling contracts are agreements established between the consumer and the seller via the internet, telephone, or mobile applications, without a physical face-to-face meeting. Because all information regarding the product or service is accessed remotely, the law provides very strong protections in favor of the consumer in this area.

The seller is obligated to provide the consumer with preliminary information. Product specifications, total price, delivery time, right of withdrawal, return conditions, and the seller’s contact information must be presented clearly and understandably. A contract is not considered concluded without this preliminary information being provided.

One of the most important safeguards of distance selling is the 14-day right of withdrawal. The consumer can withdraw from the contract without giving any reason after receiving the product, and the seller cannot restrict this right. In case of withdrawal, the seller is obliged to refund the consumer within 14 days at the latest after receiving the returned product.

In e-commerce, delivery and return processes are also strictly regulated. The seller is obligated to deliver within the promised time; in case of delay, the consumer can cancel the order. Charging additional fees to the consumer for returns or making the return process more difficult is considered an unfair condition.

Another common problem in e-commerce is misleading advertising and campaigns. Selling products that are out of stock, offering unrealistic discounts, or using deceptive promotions can lead to administrative sanctions as well as the consumer’s right to withdraw from the contract or claim compensation.

Consumer Rights Due to Defective Goods and Defective Services

Defective goods or services refer to situations where the product delivered to the consumer does not possess the qualities promised in the contract, does not fulfill its intended purpose, or does not provide the expected quality and safety. In such cases, the consumer is legally protected and has various rights.

Malın ayıplı sayılması için kusurun mutlaka görünür olması gerekmez; gizli ayıplar da tüketici lehine sonuç doğurur. Ürün tesliminden itibaren altı ay içinde ortaya çıkan ayıpların teslim anında var olduğu kabul edilir ve ispat yükü satıcıya geçer. Bu, tüketicinin en güçlü güvencelerinden biridir.

In the case of a defective product, the consumer may exercise the following four options:

• Cancellation of the contract and requesting a refund.
• Requesting free repair of the product
• Requesting a price reduction proportional to the defect.
• Requesting replacement of the defective item with a similar, faultless item.

The seller cannot evade these rights preferred by the consumer and is obligated to fulfill the consumer’s request within a reasonable time. In particular, obstructing or delaying return and exchange requests in the after-sales process constitutes unfair commercial practice.

In the case of defective services, the situation is evaluated similarly to the provisions regarding defective goods. When the consumer proves that the service was incomplete or not provided as intended, they can request free re-service, a price reduction, or termination of the contract. The liability of the service provider is interpreted broadly, especially in areas such as repair, maintenance, renovation, and technical services.

Damages arising from defects are not limited solely to contractual rights. If necessary, the consumer can also claim compensation for material damages. Going to the Consumer Arbitration Board before resorting to court is, in most cases, both faster and less costly.

Unfair Terms and Regulations Protecting Consumers

Some provisions in consumer contracts are considered “unfair terms” because they create an unfair balance between the parties. An unfair term is a provision that creates an unbalanced situation in favor of the seller or supplier and is detrimental to the consumer, and is added to the contract without the consumer having the opportunity to negotiate. The law explicitly states that even if a consumer signs a contract containing an unfair term, it is not binding on them.

Unfair terms are commonly found in subscription agreements, banking transactions, e-commerce, membership agreements, and after-sales service agreements. For example:

• Clauses that arbitrarily limit the seller’s liability
• Provisions that impose disproportionate penalties on consumers
• Regulations that make the right to return virtually impossible.
• Clauses that allow the seller to unilaterally modify the contract.
• Procedures that make it difficult for consumers to exercise their legal rights.

The law automatically renders such clauses null and void. This means that even if a consumer signs a contract containing an unfair term, that clause is unenforceable and invalid. If the consumer suffers damages due to such a term, they have the right to claim compensation.

In identifying unfair terms, the assessment is not limited solely to contract clauses; the seller’s pre-contractual conduct, whether they fulfilled their information obligations, and their commercial practices that influenced the consumer are also taken into consideration. Hidden fees, automatically renewing subscriptions, and confusing return processes are among the most common practices, particularly in online shopping.

When a consumer encounters a contract containing unfair terms, they can request correction from the seller, apply to the Consumer Arbitration Board, or take the matter to court. Unfair terms are one of the strongest legal mechanisms protecting consumers, and they are often difficult to detect in daily life. Therefore, having the contract professionally reviewed will be in the consumer’s best interest.

Warranty, Return and Exchange Processes

Warranty, return, and exchange processes are among the most frequently invoked rights of consumers and are clearly regulated by law. The seller or manufacturer guarantees that the goods offered are defect-free and suitable for their intended use; warranty and after-sales service obligations naturally arise as an extension of this guarantee.

All durable goods sold to consumers have a minimum two-year warranty. In case of malfunctions occurring within the warranty period, the consumer can request free repair, replacement, or a refund. Every action taken by the authorized service center is recorded, and the consumer’s waiting time for repair should be reasonable. If the same malfunction recurs, the product cannot be repaired, or the repair time is exceeded, the consumer may exercise their optional rights.

Return processes, especially in distance selling, offer broader protection. Consumers can exercise their right of withdrawal within 14 days of receiving the product without giving any reason. The seller cannot restrict the right of withdrawal; upon receiving a return request, they are obligated to accept the product and refund the full amount. The exercise of the right of withdrawal cannot be prevented by statements such as “used products are not accepted”; only a certain deduction can be made if the decrease in the product’s value is due to consumer fault.

In exchange processes, consumer demand is the determining factor. A consumer who wants an exchange for a defective product may prefer an exchange for a fault-free version of the same model instead of repair. The seller cannot force the consumer to have the product repaired by citing unavailability in stock; in such a case, they must offer an equivalent product or direct them towards a refund.

The most common mistakes sellers make in warranty, return, and exchange processes include: stalling the consumer with service referrals, delaying return requests with unnecessary procedures, prolonging the process under the pretext of product inspection, or attempting to impose unfair additional costs on the consumer.

Subscription Agreements and Automatic Renewal Policies

Subscription agreements are contracts involving regular payments and continuous service provision, encountered in many areas such as internet, telephone, digital platforms, security services, magazine subscriptions, and similar services. Consumer protection is much more important in these contracts than in other types of contracts because the service is often automatically renewed, and the consumer may unknowingly incur an obligation.

By law, all information provided to the consumer in the subscription contract must be clear, understandable, and in writing. The contract duration, renewal conditions, price changes, termination procedure, and the consumer’s right to cancel must be clearly stated. Otherwise, ambiguities in the contract will be interpreted in favor of the consumer.

Consumer consent is essential in automatic renewal systems. Subscriptions cannot be automatically extended unless the consumer explicitly approves. Furthermore, the consumer’s right to terminate their subscription cannot be hindered in any way; a lengthy and complicated cancellation process for a one-click subscription would be considered an unfair condition. The seller is obligated to process cancellation requests promptly upon receipt.

Price increases in subscriptions are also a common problem. The seller or provider must inform the consumer of any price change in advance and allow the consumer to terminate the contract if the change is not accepted. Price increases made without informing the consumer are invalid.

Furthermore, “silent membership renewals,” hidden fees, or the addition of extra packages without the consumer’s knowledge, all used on digital platforms, are also against the law. In such cases, the consumer has the right to both a refund and compensation.

Tüketici Hakem Heyeti ve Başvuru Süreçleri

Tüketici Hakem Heyeti, tüketicilerin düşük maliyetli ve hızlı şekilde hak arayabilmesini sağlayan en pratik çözüm yollarından biridir. Mahkemeye gitmeden önce başvurulabilen bu yol, özellikle maddi değeri belirli bir seviyenin altındaki uyuşmazlıklar için zorunludur. Bu nedenle birçok tüketici sorununun ilk durağı Hakem Heyeti başvurularıdır.

The application process is extremely simple. Consumers can apply free of charge via e-Government or to the Arbitration Board in their place of residence. All evidence, such as product invoices, contracts, correspondence, service reports, and return requests, must be included in the application file. There are no fees, charges, or expenses for the application; the consumer completes the entire process free of charge.

The Arbitration Board reviews the case and usually makes a decision within 3 to 6 months. This decision is binding, and the seller is obliged to comply with it. If the decision is not complied with, the consumer can pursue legal action. If the seller wishes to appeal the decision, they can go to the Consumer Court, but most disputes are resolved by the board’s decisions.

The Consumer Arbitration Board is particularly effective in the following disputes:

• Complaints about defective goods and services
• Return and exchange requests
• Defects covered under warranty
• Contracts containing unfair terms
• Subscription cancellations and unfair charges
• Problems encountered in online shopping.

Decisions made in favor of the consumer as a result of the application oblige the seller to return the item, refund the payment, or replace the defective product. In this respect, the Arbitration Board is a fast and powerful solution mechanism for the consumer.

Consumer Courts and Judicial Processes

In disputes that exceed the jurisdiction of the Consumer Arbitration Board, or in cases where the Arbitration Board’s decision is deemed insufficient, the solution lies with the Consumer Court. These courts are specialized courts responsible for resolving all types of disputes arising from consumer transactions, and their decisions are binding.

Applications to the Consumer Court, unlike those to the Arbitration Board, are conducted within a specific procedural framework. The case can be filed in the court of the consumer’s place of residence or where the contract was performed. The petition must clearly state the subject of the dispute, the rights claimed, the evidence, and the legal grounds.

During the litigation process, the court thoroughly examines contracts, service records, correspondence, invoices, technical reports, and statements from the parties. All types of consumer disputes, such as defective goods and services, unfair terms, denial of the right of withdrawal, subscription renewal issues, or delivery problems, can be considered within this scope.

A significant advantage of cases heard in Consumer Courts is that consumers are exempt from court fees. Consumers do not pay fees when filing a lawsuit, which simplifies the process of seeking justice. Furthermore, courts may request expert examination based on the evidence presented by the parties, and technical issues are evaluated by independent experts.

If the court rules in favor of the consumer, provisions such as a refund, product exchange, compensation for material damages, or cancellation of unfair terms in the contract will be applied. If the seller fails to comply with the court decision, the consumer can initiate enforcement proceedings to ensure the decision is enforced.

The Consumer Court is the most effective legal avenue, especially in high-value disputes or when communication with the seller has completely broken down. Obtaining professional legal support during this process ensures the consumer avoids losing their rights and expedites the process.

Professional Support in the Field of Consumer Law

While consumer transactions are a natural part of daily life, disputes can often be exhausting, both financially and emotionally. Faced with problems stemming from defective goods or services, lengthy return processes, difficulties in canceling subscriptions, or contracts containing unfair terms, it is crucial for consumers to properly exercise their rights. In this regard, professional legal support can expedite the process and empower the consumer.

While consumer rights are broad, mismanaging the application process or missing statutory deadlines can lead to the loss of these rights. Akdemir Legal provides professional support in:
· Managing applications to Arbitration Committees.
· Litigation in Consumer Courts.
· Reviewing contracts for “Unfair Terms.”
· Resolving disputes regarding online shopping, warranties, and bank charges.
Protect your rights and ensure effective results by contacting our expert team for all your consumer-related legal needs.