Defective Goods (Ayıplı Mal): Your 4 Optional Rights

Summary: The product you bought is broken or defective? You have 4 rights: Refund, Exchange, Repair, or Discount. Why sellers cannot force you to repair.

What is a “Defective Good” (Ayıplı Mal)?

A good is defective if:

It is contrary to the sample or description.
It does not have the features promised in advertisements.
It has material, legal, or economic deficiencies that reduce its value (e.g., a phone with a dead pixel, a car with a painted roof).

The Consumer’s 4 Optional Rights (Seçimlik Haklar)

Under Art. 11 of Law No. 6502, if a good is defective, the CONSUMER CHOOSES the remedy. The seller CANNOT force their choice.

1. Rescission (Refund)

You return the good. The seller refunds the full price + shipping + interest.
Seller excuse: “We only give store credit.” -> ILLEGAL.

2. Replacement (Exchange)

You return the defective unit. The seller gives you a Brand New one (same model).
Seller excuse: “We are out of stock.” -> ILLEGAL. They must procure it or give a better model.

3. Price Reduction (Discount)

You keep the product (e.g., a fridge with a scratch on the side).
The seller refunds the difference in value (e.g., 20%).

4. Free Repair

The seller repairs it at their own cost.
Warning: Sellers ALWAYS try to push this. “Leave it for service.” You do NOT have to accept this. If the device is new (e.g., 1 month old), why should you accept a repaired device? Demand a refund or exchange.

Burden of Proof

First 6 Months: The law assumes the defect existed at the factory. The SELLER must prove “User Error” to reject you.
After 6 Months: YOU must prove it is a manufacturing defect.

Legal Support: If the authorized service center says “User Error” (Liquid Contact) to avoid responsibility, we challenge it at the Arbitration Committee. Contact us.

Professional Legal Support

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.