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Defective Goods and Liability for Defective Goods Pursuant to
Law No. 4077 on Consumer Protection
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Att. Pelin Baydar
Article 4 entitled “Defective Goods” of the Law No. 4077 on
Consumer Protection (“Law No. 4077”), regulates the definition of
defective goods; those liable for defects; the consumer’s rights to
choose from available remedies; and the time periods for using these
rights.
The Term of “Defective Goods”
Firstly, “goods” are defined as any movable properties, immovable
properties used for residential or vacation purposes, and any software
or other intangible audio, visual or similar goods prepared for use in
electronic medium subject to purchase or sale.
Pursuant to Article 4 of Law No. 4077, a good that contains, mate-
rial, legal or economic deficiencies which influence the quality
promised or offered on the packaging, labeling, presentation or operat-
ing instructions or advertisements or announcements, or which is
declared by the seller or established in the standards or technical regu-
lations; which influence the quantity affecting the expected quality; or
which decreases or eliminates its value or the benefits expected from
such good by the consumer with respect to its fitness, shall be deemed
defective.
Consumer’s Right to Choose From Available Remedies
The relevant article imposes an obligation on the consumer to noti-
fy the seller of the defect within thirty days following the date of deliv-
ery of the good. In such case, the consumer shall be entitled to (i)
rescind the contract by asking full refund, (ii) demand the replacement
of the good with a non-defective good, (iii) ask for decrease in the pur-
chase price proportionally to the defect, or (iv) ask for a gratis repair.
LAW OF OBLIGATIONS
307
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Article of March 2012