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the price paid or the amount of the discount made shall be refunded to
him.
Where the consumer opts for free repair or re-performance of the
service, the statement regarding the duration of complying with such
requests is regulated in the Article. According to this, the supplier shall
perform the request within a reasonable period so as not to cause seri-
ous difficulties for the consumer with respect to the quality of the ser-
vice and utilization purposes. However, in any case the request shall be
performed within 30 business days at most following the date on which
the request is submitted to the supplier. Otherwise, the consumer is free
to use his other optional rights.
The Period of Limitation
The period of limitation is stipulated under Article 16. Pursuant to
said Article, unless a longer term is determined in other laws or in the
contract between the parties, the limitation of liability period for defec-
tive service, even if the defect appears later, is two years as of the date
of execution of the service.
However, the second paragraph of the Article sets forth that if the
defect is hidden with gross fault or fraud, the provisions of prescription
shall not apply.
Conclusion
The Law on Consumer Protection No. 6502, published in the
Official Gazette dated 28.11.2013 and numbered 28835, and which
will enter into force six months after its date of publication, defines
defective service, sets forth provisions regarding liability for defective
service, the optional rights of the consumer and the limitation of lia-
bility periods.
The consumer has 4 optional rights where it is revealed that the
service has defects. These rights are as follows: (i) to request the re-
performance of the service, (ii) to request the performed work to be
repaired free of charge, (iii) to request a discount in proportion to the
defect or (iv) to terminate the contract.
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