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dance with this, the supplier is not bound with the content of the state-
ment if he proves (i) that he is not and cannot be expected to be knowl-
edgeable of statements made through publications which he did not
produce, (ii) that the content of the statement was corrected at the
moment of the conclusion of the contract, (iii) or that the decision to
conclude the contract does not have any causal link with statements
made through publications.
Optional Rights of the Consumer
The optional rights of the consumer are delineated under Art. 15.
Pursuant to said Article, the consumer has 4 optional rights in case the
service is revealed to be defective. The rights of the consumer that can
be demanded from the supplier are as follows:
• To request the re-performance of the service;
• To request the performed work to be repaired free of charge;
• To request a discount in proportion to the defect; or
• To terminate the contract
The supplier is obliged to perform the request as per the con-
sumer’s preference and is responsible for all costs stemming from the
use of the exercise of a consumer’s optional rights.
The right of the consumer to claim compensation in accordance
with the provisions of the Turkish Code of Obligations No. 6098, in
addition to one of these optional rights, is reserved.
Pursuant to the aforementioned Article, the right of free repair and
the right of re-performance of the service shall not be demanded where
these requests constitute unbalanced difficulties for the supplier. While
determining if the request for free repair or re-performance of the ser-
vice constitutes unbalanced difficulties for the supplier or not, the
value of the service without any defect, the importance of the defect
and whether or not the exercise of other rights would constitute a prob-
lem for the consumer shall be taken into account.
With regard to said Article, where the consumer opts to exercise
his right to terminate the contract or to request a discount on the ser-
vice price proportional to the extent of the defect, the full amount of
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NEWSLETTER 2014