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Defective Products

This guide was written by Başak Yıldız Orkun, Managing Partner at Orkun & Orkun (info@orkunorkun.com) in collaboration with Guides.Global (office@guides.global).

It was written on 7 July 2017. The law and practice in Turkey change all the time. Our guides are updated as frequently as possible - typically every three years - but may be out of date.

Our guides are prepared by professionals from many countries. They are, of necessity, both brief and general and can take no account of your personal circumstances. They are intended to be a good introduction to the subject BUT ARE NO SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE, which our contributors will usually be happy to provide upon request.

The advice and opinions contained in the guides are those of the author and are not necessarily those of Guides.Global.

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The scope of this guide

This guide is about the action you can take - refund, compensation and otherwise - if you find yourself with a defective or broken product.

Introduction

In Turkey, defective products are dealt with under the general law and, in particular, under the Code of Obligations and the Consumer Code.

However, there are some issues regarding claims arising out of defective products which are worth grouping together and it is those issues that form the substance of this guide.

What is a defective product?

For the purposes of this guide we mean any item that you buy but which turns out not to work properly or which causes you loss or damage because it is defective, or any product belonging to some other person that causes you loss or damage.

For example, if you were unlucky enough to have an artificial hip fitted and it were to snap as a result of fault in manufacture, you can imagine how painful and expensive that could be. That would be a defective product. Similarly, if less dramatically, a watch or a car could break down very soon after purchase.

As to products that don't belong to you, if you suffer injury as a result of a defective product belonging to somebody else you would also be able to claim compensation. For example, if you were sitting in a restaurant and a chair collapsed under you because of defective design.

The basis of liability in these cases is usually that the person you're claiming against did not comply with the terms of their contract with you or that they were negligent in the way they dealt with you.

Under Turkish law it is an implied term of every contract that anything you buy is fit for the purpose for which it was sold. This is a term that you cannot sign away.

Therefore, if the hospital sold you the defective hip or the garage sold you the defective car you may well have a claim against them under this general principle of law.

What are my general rights in Turkey?

Generally, if you receive defective goods, you will have the following rights:

What sort of injury or damage can I claim for?

You can claim for any injury or damage caused to you or your property as a result of being supplied a product that was not fit for the purpose for which it was sold or which was sold to you negligently.

An example of a negligent sale of a product would be if you described to the shop what your requirements were and they advised you to buy a product that was not suitable for those requirements - e.g., if you bought a jack to lift up your 3-tonne Land Rover and the shop recommended one only suitable only for a Mini then, when it collapsed, you would be able to claim from the shop on the basis of their negligence.

The claim could involve injury to you or your family, damage to your goods, pain, inconvenience, or unnecessary expense.

Who can I claim against?

The claim will lie against the supplier of the product. In some cases, you may have a claim against the manufacturer of the product. Your lawyer will be able to advise you of the best approach in your case.

Deemed defect

If a defect occurs within six months of the date of delivery of a product, it is assumed to have been there when the product was delivered and so your right to take action is preserved.

When can I make my claim?

Generally, a claim must be made within two years of the date when you suffered any damage but there is a five-year limitation period for any claims arising out of a dwelling or holiday home.

If the defect was hidden (a legal term that can be quite difficult to understand - and the meaning of which can vary quite a lot depending on the type of product - but which will generally mean a defect that could not have been discovered by a reasonable inspection of the product) then the time during which you can make a claim can extend for up to 20 years or for two years from the time when you discovered the defect.

How much will it cost?

It is impossible to say as so much depends upon the individual facts of each case. Your lawyer should be able to give you an estimate but it will be only an estimate.

There is no form of public legal assistance in Turkey.

Note that ‘no win, no fee’ arrangements are illegal in Turkey.

How long will it take?

Again, it is very hard to predict. Sometimes the facts will be so obvious that the company concerned or its insurers will agree quite quickly to a payment in settlement of the claim. In other cases, the case will have to go to trial, in which case it could take two or three years.

Even in a simple case, the process is not likely to take less than six months.

What happens if I lose?

As with all court cases, if you bring a case against somebody and lose you are likely to have to pay their legal expenses. These can amount to a lot of money.

You should therefore seek guidance from your lawyers as to the strength of your case and the prospects of winning.

Note that in Turkey it is not possible to insure against the risk of having to pay such expenses.

Conclusion

Act quickly if you wish to make a claim for a defective product - it will make life much easier. Make sure you keep paper proof (receipts or otherwise) for any big purchases you make.

Other guides of interest

 Description Link 
Turkey Country Guide
Essential facts and figures about Turkey
Click to see this guide
Court Cases & Disputes in Turkey
The process of legally solving a dispute
Click to see this guide
Consumer Protection in Turkey
The regulations protecting consumers
Click to see this guide

Readers' Comments

 

Further information?

I hope you have found this guide useful. If you need any further help, please contact me.

Başak Yıldız Orkun

7 July 2017


 

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