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Provisions regarding Defective Goods in the Law on Consumer
Protection No. 6502
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Att. Ceyda Buyukoral
The defective good is regulated between Articles 8 and 12 in the
Law on Consumer Protection No. 6502 (“Law No. 6502”) which was
published in the Official Gazette dated 28.11.2013 and numbered
28835, and which will enter into force six months later as of its date of
publication.
The Definition of a Defected Good
Article 8 of Law No. 6502 defines the defective good. Pursuant to
this Article, a defective good is a good that is not in accordance with
the contract due to incompliance with the sample or model that the par-
ties agreed on, or non-possession of the characteristics that the good
must objectively possess.
Pursuant to said Article, goods; (i) which do not have one or more
of the characteristics showed on its packaging, its tag, its presentation
or instruction book, its internet portal or in its commercials and pub-
licities, (ii) which are not appropriate to the qualifications stated by its
seller and to its technical organization, (iii) which contain material,
legal or economic deficiencies and thus do not meet the intended pur-
pose expected from an equivalent good, reduce the normal benefits
expected by the consumer or destroy them, are also deemed to be
defective.
Regarding the delivery and the installation, the article states the
following:
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NEWSLETTER 2014
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Article of January 2014