UTU Hukuk ve Danışmanlık4 min readUpdate:
Consumer law, within the framework of Law No. 6502 on the Protection of Consumers, aims to protect the consumer, who is the weaker party to the contract. In daily life we enter into many consumer transactions in which we are in the position of consumer. In this article we discuss the scope of the law, the consumer’s elective rights in the face of defective goods or services, and the avenues of recourse in the event of a dispute.
Currency note
This article was prepared on the basis of the legislation and practice in force on the date of its publication. Since the monetary thresholds for applications to consumer arbitration committees are redetermined every year, the threshold stated in the article may have changed since then. You are advised to consult a lawyer regarding the current position.
The basic condition for such consumer transactions to fall within the law is that one of the parties to the legal relationship is a consumer and the other is a seller, provider, or a natural or legal person acting on their behalf. Since the consumer represents the weaker party within the framework of the contract performed, the fundamental aim of consumer protection is the legislator’s intention to protect the consumer and, by granting the consumer certain rights, to place the consumer at least on an equal footing with the other party.
Law No. 6502 essentially regulates matters relating to taking measures that protect the health, safety and economic interests of consumers, compensate their losses, ensure their protection from environmental hazards and inform and raise awareness among consumers, encouraging consumers’ initiatives to protect themselves, and promoting voluntary organisation in the formulation of policies on these matters.
No exhaustive list has been laid down for the consumer contracts listed in the Law No. 6502 on Consumer Protection. Indeed, every kind of consumer contract may fall within the scope of the Law. In order to determine the nature of a contract, the purpose for which it was concluded is important.
Consumer law grants the consumer 4 different elective rights where the consumer encounters a defect in the service or goods purchased. First, however, we consider it useful to explain what the concept of ‘defect’ stated in the law means.
Namely, if the goods or services sold do not have the characteristics they should essentially have, for example if they lack one or more of the characteristics stated on the packaging, label, promotional material and user manual, on the internet or in advertisements and announcements, or if they do not incorporate the promised characteristics, the goods or services purchased by the consumer defective goods olarak kabul edilmektedir.
The 4 different elective rights available to the consumer where the goods or services purchased are defective are listed in the Law as follows:
Upon the consumer’s mere notification, the seller or provider is obliged to fulfil this request.
If a dispute arises, the consumer has the right to apply to the Consumer Arbitration Committee or the Consumer Court within the framework of the monetary thresholds updated every year.
For 2025, applications may be made to the Provincial or District Consumer Arbitration Committees in consumer disputes with a value of less than TRY 149,000 (one hundred and forty-nine thousand Turkish lira).
Dilara TÜRKER DİZDAR
Related legislation: Law No. 6502 on Consumer Protection (mevzuat.gov.tr)
According to the article, one of the parties to the transaction must be a consumer and the other a seller, provider or a person acting on their behalf. Law No. 6502 does not list consumer contracts exhaustively; the purpose for which the contract was concluded is what matters.
The article states that goods or services sold are considered defective if they lack one or more of the characteristics stated or promised on their packaging, label, user manual, on the internet or in advertisements and announcements.
Tüketici, her yıl güncellenen parasal sınırlar çerçevesinde Tüketici Hakem Heyetine ya da Tüketici Mahkemesine başvurabilir. Makalede 2025 yılı için değeri 149.000 TL’nin altındaki uyuşmazlıklarda il veya ilçe tüketici hakem heyetlerine başvurulabileceği belirtilmiştir; bu sınır yıllık olarak değişmektedir.
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