CONSUMER LAW

The most important distinction in consumer law is gathered at the point of whether the thing bought is commercial or not. Products purchased for commercial use will not be covered by the Consumer Protection Law. For example, A car purchased by a commercial enterprise and used in private business will not be considered as a consumer transaction, or if the person requesting a loan to buy a car prints the pharmacy stamp in the loan request form, it is considered as evidence that the car will be allocated to professional activities. In that case, the nature of the thing purchased with a consumer loan should be looked at for what purpose it will be allocated. As a matter of fact, loans taken regarding residential and holiday immovables are also within the scope of the law on consumer protection.

In some of its decisions, the Court of Cassation has decided that legal person merchants can be considered as consumers, while in some decisions it has decided not to be considered as consumers.

It is possible to evaluate most of the goods and services we buy for non-commercial purposes in our daily life within the scope of the law on consumer protection. For example, the fact that the car that we think is brand-new is used or defective, may fall within the scope of the law, as well as a closet we have built for our house or a website we have built for personal use, a phone we have bought, a bicycle, service procurement such as painting our house may fall within the scope of the law on consumer protection.

The Concept of Shame

Defective goods are defined in Article 8 of the Law on Consumer Protection.

(1) Defective goods, at the time of delivery to the consumer, in accordance with the sample or model agreed by the parties.

It is a property that is contrary to the contract because it does not exist or does not have the features that it should have objectively.

(2) Does not carry one or more of the features included in its packaging, label, introduction and user manual, internet portal or advertisements and announcements; declared by the seller or identified in its technical regulation.

Contrary to the nature; Goods containing material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.

Defective service is defined in article 13 of the Law on Consumer Protection.

(1) Defective service is a service that is contrary to the contract because it does not start within the time specified in the contract or because it does not have the features agreed by the parties and which it should have objectively.

(2) The features declared by the service provider and included on the internet portal or advertisements and announcements

Services that do not carry any value or that reduces or eliminate the value for the purpose of benefiting or the benefits that the consumer reasonably expects from it are defective.

However, in our daily life, most consumers do not know what to do about defective goods or defective services and prefer not to deal with it. We recommend that you get litigation and consultancy services from the lawyers of our office about the problems you experience as a consumer.