Consumer refers to a natural or legal person acting for commercial or non-professional purposes. For example, if the merchant makes a sales contract for non-commercial purposes and buys a refrigerator for his house, he is a consumer here.
Including works, transportation, brokerage, insurance, power of attorney, banking and similar contracts established between real or legal persons acting for commercial or professional purposes, including public legal entities in the goods or services markets, or acting on their behalf or account, and consumers. all kinds of contracts and legal transactions.
Unfair condition; These are the terms of the contract that are included in the contract without negotiating with the consumer and cause an imbalance against the consumer in the rights and obligations of the parties arising from the contract, in violation of the rule of honesty.
Defective goods are goods that are in violation of the contract due to the fact that they do not conform to the sample or model agreed by the parties at the time of delivery to the consumer or because they do not have the characteristics that they should have objectively.
Does not have one or more of the features included in its packaging, label, introduction and user guide, internet portal or advertisements and advertisements; which is contrary to the quality notified by the seller or determined in its technical regulation; Goods that do not meet the intended use of the equivalent goods, reduce or eliminate the benefits expected by the consumer reasonably, and contain material, legal or economic defects are also considered defective.
If it is understood that the product is defective, the consumer;
a) Canceling the contract by declaring that it is ready to return the sold product,
b) Retaining the sold and asking for a discount from the sales price at the rate of defects,
c) If it does not require an excessive cost, to request free repair of the sold, at the expense of the seller,
ç) If there is an opportunity, he / she can use one of his / her optional rights to request the replacement of the sold with an equal number without defects.
Unless a longer period is specified in the laws or in the contract between the parties, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years from the date of delivery of the immovable property for residential or holiday purposes. The statute of limitations will not be applied if it is concealed by a defect, grave fault or fraud.
The consumer has the right to withdraw from the consumer loan agreement within fourteen days without any justification and without penal terms. The lender is obliged to prove that the consumer has been informed that he has the right of withdrawal. It is sufficient that the notification stating that the right of withdrawal has been exercised is directed to the lender within the period of withdrawal right.
In cases where the consumer using the right of withdrawal benefits from the loan, the consumer pays back the principal and the interest accrued from the date of use of the loan until the date when the principal is repaid, at the latest within thirty days after sending the withdrawal notice to the lender. If payment is not made within this period, it is deemed not to be withdrawn from the consumer loan. Interest is calculated according to the contractual interest rate. The consumer cannot be charged any price other than the calculated contractual interest and the expenses paid to a public institution or organization or to third parties.
In a prepaid house sale, the transfer or delivery period cannot exceed thirty six months from the date of the contract. With the registration of the construction servitude in the name of the consumer to the land registry, it is deemed to have been transferred and delivered in the event of the transfer of possession.
In prepaid housing sales, the consumer has the right to withdraw from the contract without any justification until the date of transfer or delivery. In case of withdrawal from the contract, the seller; It may request the payment of compensation up to two percent of the contract price and expenses arising from taxes, fees and similar legal obligations arising from the sale of the house or the contract of promise to sell.
If the seller does not fulfill his obligations at all or properly, he cannot demand any price from the consumer. In the event that the consumer is unable to make prepayments due to dying or permanently deprived of earning profits, or the seller refuses to accept the proposal of the seller to replace the contract with an installment agreement to be made under ordinary conditions, no price shall be charged from the consumer.
In case of withdrawal from the contract, the amount to be returned to the consumer and any document that puts the consumer under debt is returned to the consumer within ninety days at the latest from the date of receipt of the return notification to the seller. The consumer returns his acquisitions within ten days from the date the seller returns the price he has received and any documents that put the consumer under debt.