Arslan Law Firm

Consumer Protection Law become effective at 28.05.2014. Since this date, natural and legal person who does not have commercial and professional purpose be mentions as “consumer”; including the public corporate entity, natural and legal person who presents product to customer or acts on behalf of the presenter of product with commercial and professional purpose be mentions as “seller”; including the public corporate entity, natural and legal person who provides service or acts behalf of the provider of service with commercial and professional purpose be mentions as “provider”.

On goods and services market; every contract and legal transaction (contracts of construction, brokerage contracts, insurance contracts, contracts of mandate etc.); which establishes between consumers and including the public corporate entity natural and legal person who acts with commercial and professional purpose be mentions as “consumer transaction”.

Legal disputes which occurs from the consumer law; according to amount in dispute Consumer Arbitration Committee or Consumer Court could be the competent court.

For all the legal transactions which should be done at the Consumer Arbitration Committee or Consumer Court, we provide legal service to our clients with our expert team.

It is crucial to state that, with Law No.7251 which entered into force at 28.07.2020 by publising in the official gazette; about the legal disputes which involved to jurisdiction of the court; conciliation instance created as cause of action. About the legal disputes which occurs from the consumer law, conciliation process be followed by the experienced and solution oriented attorneys. Some of the legal disputes which occurs from the consumer law are;

– In the banking sector, about the legal disputes which occurs from protection of consumers, solution originated activities, consumer contracts and unfair terms, unfair deductions arising from loan agreements, housing finance contracts;    

For the consumer loan taken from the banks or financial institutions, a copy of the contract must be taken certainly. These contract’s terms never chance against the consumer. For example, unless otherwise stated in the contract interest rates can never be increased. If debtor wants to pay the entire debt or part of the debt before the expiry date, bank or financial institution has to reduce the interest rate. 

– Time share vacation contracts defined in legal regulations as ” The contracts which lasts more than a year and in gives the consumer opportunity to overnight accommodation for one ore more times in this lasting time period”

Consumer has the right of withdrawal in 14 days without paying clause penal and without any justification. Customer can use right of withdrawal with just giving a notice of withdrawal.

If the price that consumer should pay covered by the creditor by based the contract that landed between seller and the creditor, the notice of withdrawal should be sent to the creditor to. No indemnity or clause penal can be taken from the consumer who uses the right of withdrawal at the right time. But in practice seller and the provider claims indemnity by the name of clause penal.

– About the door step sale and distant sale based legal disputes;

Consumer has right of withdrawal without putting forward a reason or paying clause penal in 14 days (7 days at tally trades) at distant sales (internet shopping, phone sales etc). If purchaser renounces buying, should send a notification to seller which declares this situation. At this stage seller needs to give the price back and purchaser needs to give the product back. The purchaser, who does not notify the situation in 14 days, considers as accepted the product. In order to prevent this kind of loss of right dates in the contract must be observed.

In accordance with the law no. 6502, the notification about the using right of withdrawal which done within the right period and oriented to seller or provider would be enough. Also, sellers are obliged to prove that consumer are already informed.

-Legal disputes about subscription agreements;

Subscription agreements are usually printed contracts. In this kind of contracts there are no possibility to discuss the terms. The terms, that included in the contract without discussion with the consumer and violates the good faith, are unfair terms. These terms are null and void.

– In legal dispute resolution arising from defective goods or defective service;

Defective goods defines in Law no. 6502 as; the product that is not in line with the agreed upon or not carries the qualifications which should carry objectively at the moment of delivery. 

Situations where the goods sold are defective are legally regulated in our laws.

The product that does not suit the qualifications declared by the seller or does not carry the qualifications which wrights on it’s package, advertise, web site, product tag etc. or does not meet the intended use of equivalent goods or reduce or eliminate the benefits which expected by consumer, considers as defective good.

In our country there are lots of legal disputes about the defective goods in zero mileage vehicles especially and lots of the are about  their paints and damages. Likewise there are some similar situations about housing sales. In this kind of situations for not to lose right consumer should fulfill the obligations which occurs from consumer legislation.