White Tree Legal
Specialisms

Consumer Law

Article 1 of the Law on the Protection of Consumers -The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for their harm, to protect them from environmental hazards, to encourage consumers' self-protective initiatives and to volunteer in the formation of policies in this regard, in accordance with the public interest to regulate matters relating to promoting organizations.

As White Tree Legal, its activities in the field of consumer law operate in the field of solving all the problems that arise between the parties in writing or verbally.

Free market economy, developments in economic and social fields have revealed the need for raising awareness, protection and organization of consumers who are weaker against strong sellers. As a result of the developments in the world in the field of consumer rights, the EC Council accepted and declared eight universal consumer rights in 1985. These:

  1. The right to have basic needs met.
  2. The right to security and trust.
  3. The right to freely choose goods and services.
  4. Right to obtain information.
  5. Right to education.
  6. Right to compensation.
  7. Right of representation.
  8. The right to have a healthy environment.

DEFECTIVE GOODS

The concept of defective goods is explained in Article 4 of the Law No. 4077. According to this; Defective goods that are contrary to the quantity that affects the quality or quantity contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or that reduces its value or the benefits expected by the consumer in terms of allocation or usage purpose. It is a property that contains material, legal or economic deficiencies that eliminate or eliminate it.”

Defects are the deficiencies that occur in the goods that the consumer buys for use and that prevent the full or proper use of the goods. In order for a good to be considered defective, it is not necessary that all the elements in the first paragraph of Article 4 occur together. In the absence of one of these elements, the goods are considered defective. According to this; It is obligatory that the items and features specified by the seller in the package, label, introduction and user manual of the product sold or in the advertisements and announcements related to the product should be present in the product.

Types of Fault:

  1. Explicit Defects: These are the defects that can be seen in the goods sold and can be understood with a simple inspection. E.g; broken glass of the car.
  2. Hidden Defect: It is a defect that cannot be detected by simple inspection and is revealed by the use of the goods. (For example; the car's electronics are defective)
  3. Legal Defect: If there is no material defect in the property, but the use of the property is partially or completely prevented due to legal reasons, there is a legal defect. (For example; cloned cell phone)
  4. Economic defect: It is a defect that reduces the consumer's ability to benefit from the good and reduces the economic value of the good. If a product does not have the features specified in the user manual, there is an economic defect. (For example; although it is stated that the washing machine will operate without malfunction for at least 3 years, it breaks down and becomes unusable within 1 year)

Rights Granted by Article 4 of TKHK:

If a good is defective, the consumer can use one of the four elective rights listed in Article 4 of the Law. It is the consumer who will choose one of the rights. Those responsible must fulfill whatever right the consumer has chosen. Since these rights are optional rights, once the consumer makes a choice and uses one of the optional rights, the other optional rights are exhausted. For example, if the consumer has chosen to make a discount from the price at the rate of defect, he cannot return from the contract later and demand the refund of the price. The exception to this rule is regulated in Article 13 of the Law about the goods covered by the guarantee certificate.

  1. Rescission of A Contract: It is the right defined in the law as "Rescission of A contract, including refund of the price". When the consumer declares his will to use this right, the contract becomes void and the parties mutually return what they have given due to the contract. Well; Defective goods are returned to the seller and the price paid to the consumer is returned.
  2. Replacing the Goods with Goods Without Defects The consumer has the right to demand the replacement of the defective product with a new one. In case the goods are defective; The consumer may request that the same type and features be given without any defects. In case the new delivered goods are also defective, the consumer can use one of the re-selection rights.
  3. Discount at the Rate of Defect Although the consumer accepts the goods as defective, they may request a discount from the price at the rate of the defect in the goods.
  4. Free Defect Removal (Free Repair) Another optional right granted to the consumer is to demand that the defect be corrected free of charge. The consumer can use this right of choice, which is recognized in Article 4 of the Law, even if the goods are not compulsory to be sold with a guarantee certificate. When consumers apply to the responsible persons due to defective goods, they are given the impression that they have to use this right first, or the goods delivered to the responsible persons due to the defect are repaired and returned to the consumer. However, this right granted to the consumer is one of the elective rights like the other three, and the consumer is free to use whatever he/she wishes. E.g; In order to be asked to replace the goods with a non-defective one, it is not necessary to have used the right to free repair first.

As White Tree Legal, our main services we provide to our clients within the scope of Consumer Law are;

  • Defective Goods,
  • Defective Service,
  • Unfair Terms in the Contract,
  • Installment Sales,
  • Timeshare Agreement,
  • Package tour Contracts,
  • Campaign Sales
  • Door to Door Sales
  • Distance Contracts
  • Consumer Loans Credit Cards
  • Periodicals,
  • Subscription Agreements,
  • Price tag,
  • Warranty Certificate,
  • Introduction and User Guide,
  • After sales services,
  • Consumer Issues,
  • Arbitration Committees,
  • Cessation of Production, Sales and Collection of Goods,
  • Goods That Look Different From What They Are,
  • Penal Provisions Under the Law No. 4077,
  • Authority-Procedure and Objection in Penalties Supervision According to Law No. 4077.