Article 11 of TKHK No. 6502: The consumer has four optional rights when he learns that the goods are defective.
Optional Rights
- Withdrawing from the contract (return + refund)
- Price reduction
- Free repair
- With a new one change
Duration
- 2 years from the moment the defect is learned
- 5 years for residential/holiday goods
- Starts before learning about hidden defects
Seller + Producer Liability
The consumer can apply to both the seller and the manufacturer/importer (several liability).
Material and Spiritual Compensation
If additional damage has occurred due to defective goods, it can be claimed within the scope of TBK art.49.
Supreme Court 13. HD
13. HD adopts that "the seller bears the burden of proof" in case of defective goods, and that if he cannot prove that the defect is due to "use error", a decision will be made in favor of the consumer. notConsumer law lawyer recommended.