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producer, the importer or the seller. It is obligatory that such tag be
given to the consumer or that the explanatory information related to the
defect is explicitly exposed on the receipt, sales slip or sale document
given to the consumer. However, pursuant to said Article, goods which
are not in accordance with their technical provisions cannot be intro-
duced to the market. The Law on the Preparation and Application of
Technical Legislation related to Goods and other related provisions
shall apply to such goods.
Optional Rights of the Consumer
The optional rights of the consumer are stipulated under Art. 11.
Pursuant to said article, the consumer has 4 optional rights in case the
defect of the good is revealed. The rights of the consumer are as fol-
lows:
• To terminate the contract by stating that he is ready to return the
sold good,
• To request a discount on the sale price proportional to the defect
and keep the defective good,
• To request the sold good to be repaired at the seller’s expense
by bringing all repair costs to the seller if such costs are not
excessive,
• If possible, to request the purchased good to be exchanged for
a non-defective good.
• The seller is obliged to perform the request as per the con-
sumer’s preference.
• Pursuant to the 2nd Paragraph of Article 11, the right of free
repair and the right of exchange with a non-defective good can
also be directed to the producer or to the importer. The seller,
the producer, and the importer are jointly liable with regards to
the performance of these requests. However, there is a possibil-
ity of avoiding such liability for the producer and the importer.
It is explicitly provided in Article 11 that the producer or the
importer shall not be held liable where they can prove that the
defect occurred after they released the good onto the market.
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NEWSLETTER 2014