Legal support with defective goods/services, the right of withdrawal, warranties, subscriptions, and consumer arbitration committee/court processes.
Products purchased in daily life, services received, purchases made over the internet, subscription agreements, banking transactions, and the purchase of a home or vehicle all give rise to legal relationships between the consumer and the seller or provider.
In many situations, such as a purchased product being defective, a service not being provided in accordance with the contract, exercising the right of withdrawal in internet purchases, problems arising under a warranty, or unjust amounts being collected from the consumer, the consumer's statutory rights may come into question.
Our firm provides legal consultancy and attorney services in the field of consumer law, particularly with respect to defective goods and services, consumer contracts, distance sales, the right of withdrawal, warranties and after-sales services, refunds, free repair, replacement of goods, applications to the consumer arbitration committee, consumer court lawsuits, subscription agreements, timeshare and package tour disputes, and consumer disputes arising from the sale of homes and vehicles.
In consumer disputes, the nature of the contract, the goods or services purchased, the method of sale, the price, the nature of the defect and the date of the dispute must be assessed together.
Consumer law is the branch of law that regulates consumer transactions between the consumer and the seller, provider, manufacturer or other commercial enterprises, and that aims to protect the consumer's economic interests. In consumer law, matters such as consumer contracts, defective goods and services, the right of withdrawal, warranties, after-sales services, unfair terms, distance sales, subscription agreements and the resolution of consumer disputes are particularly important.
Where the purchased goods do not have the qualities expected by the consumer, or do not comply with the qualities agreed in the contract, defective goods may be at issue. Elements such as whether the defect is apparent or hidden, whether it affects the use of the goods, non-compliance with the qualities specified in the contract, and whether the product has the qualities stated in its advertisement or promotion are assessed. Defective services may also be at issue where a service does not have the qualities specified in the contract, or does not provide the benefit reasonably expected by the consumer; defective-service disputes may arise in many areas, such as renovation, private tuition, technical service, event organization, tourism, internet and communication services. The consumer's statutory alternative rights are determined according to the specific features of the case.
Where defective goods or services are at issue, the consumer may have statutory alternative rights. Where the goods are defective, depending on the circumstances of the specific case, the consumer may exercise alternative rights such as rescinding the contract by declaring readiness to return the goods sold, requesting a reduction in the sale price, requesting free repair, or requesting replacement with a defect-free equivalent. Which right may be exercised, and the liability of the seller or provider, must be assessed according to the specific features of the case.
Where defective goods or services lead to rescission of the contract or the exercise of the consumer's other statutory rights, a refund may come into question; in this regard, the sales contract, the invoice, payment documents, the nature of the goods, the state of the defect and which alternative right the consumer has exercised are assessed. Where the purchased product is defective, the consumer may also be able to request free repair within the conditions provided by law; warranty and free-repair disputes frequently arise, particularly with respect to electronic products, white goods, mobile phones, computers, automobiles and similar products. Whether replacement of the defective goods with a defect-free equivalent is feasible is assessed according to the nature of the goods, the state of the defect, the availability of the product, the consumer's request and the applicable statutory provisions.
Distance sales contracts arise in purchases made over the internet, telephone or similar means of communication. In distance sales, the consumer has statutory rights regarding matters such as being informed, the ordering process, delivery, the right of withdrawal, refunds and the seller's obligations. Under certain conditions, the consumer may have the right to withdraw from the contract without giving any reason and without paying a penalty; however, the right of withdrawal does not apply in the same way to every good or service, as there are exceptions and special regulations provided by law. For this reason, whether the right of withdrawal may be exercised must be separately assessed according to the nature of the purchased goods or service.
With the growth of e-commerce, consumer disputes arising from internet purchases have also increased. The consumer's legal rights may come into question, particularly in situations such as the product never being shipped, a different product being shipped, a defective product, a damaged product, cancellation of the order, non-refund of the price, or the right of withdrawal not being honored. It is important to preserve order records, email correspondence, payment receipts and correspondence with the seller.
Where a product covered by warranty malfunctions, the consumer may have rights arising from the law and from warranty regulations. In warranty disputes, the warranty period, the nature of the malfunction, service records, how the product was used, the repair process and recurring malfunctions are assessed. For certain product groups, manufacturers and importers have obligations to provide after-sales services; the consumer's legal rights may come into question where the authorized service fails to deliver the product on time, fails to carry out the required repair, the product malfunctions repeatedly, or the consumer is disadvantaged during the service process.
Contracts signed between the consumer and the seller or provider must comply with statutory regulations. In consumer contracts, provisions may be examined regarding the subject matter of the contract, the price, payment terms, delivery, withdrawal, termination, warranty, liability and unfair terms. Certain contractual provisions that cause an imbalance to the detriment of the consumer and are contrary to the principle of good faith may be regarded as unfair terms; in particular, in standard contracts, it is important to examine the legal nature of provisions included in the contract without the consumer having the opportunity to negotiate them.
Subscription agreements relating to telephone, internet, television, digital platform, gym and similar services are one of the important areas of consumer law. Subscription disputes may involve matters such as the commitment period, withdrawal, termination, early-termination fees, charges for unused periods, unjust collections and automatic renewal. Where a fee is collected from the consumer in a manner contrary to the contract or the legislation, a refund of such amounts may be requested depending on the specific features of the case.
Certain transactions carried out by consumers with banks and financial institutions may be the subject of disputes within the scope of consumer law. With respect to consumer loans, credit card transactions, banking fees, insurance-linked transactions and financing contracts, the consumer's rights and the terms of the contract may be examined. In consumer loans, matters such as the contract terms, interest, expenses and fees, insurance, early repayment, default and collected amounts may be assessed. Depending on the nature of the dispute, the applicable special legislation must be assessed alongside consumer legislation.
The purchase of a home or vehicle can give rise to high-value and long-term legal consequences for consumers. In these transactions, disputes may arise such as a defective vehicle, a defective home, incomplete or incorrect delivery, hidden defects, mileage discrepancies, concealment of damage records, non-conformity of the home with the contract, or delay in delivery. In particular, in high-value consumer transactions, it is important to carry out a legal review before the contract is signed.
There are special regulations regarding informing the consumer, the content of the contract and the right of withdrawal in contracts relating to timeshare and long-term holiday services; matters such as the term of the contract, the right of use, membership fees, withdrawal, termination and refund must be separately assessed. Where package tour services are not provided in accordance with the contract, or the trip differs from the conditions promised, various consumer rights may also come into question; the consumer's rights are assessed particularly in situations such as a change of hotel, transportation problems, incomplete services, cancellation of the trip, changes to the itinerary, and defective service.
For consumer disputes that fall within the monetary limits set by law, an application to the Consumer Arbitration Committee may be required. In the application, the consumer's request, information about the seller or provider, the contract, invoice, payment documents, service records, correspondence and other evidence may be submitted. It is important that the application is made to the correct authority, with the correct request and evidence.
Depending on the nature and amount of the consumer dispute, filing a lawsuit before the consumer courts may come into question. Various claims may be asserted before consumer courts, such as defective goods, defective services, refunds, rescission of the contract, compensation, subscription disputes, and disputes arising from the sale of homes and vehicles. Before filing a lawsuit, it is important to determine whether the dispute falls within the jurisdiction of the consumer arbitration committee.
Whether mediation is a condition for filing a lawsuit in consumer disputes must be assessed according to the nature of the dispute and the applicable legislation. In the mediation process, it is important to correctly determine the consumer's claims and to carefully examine the legal consequences of the settlement agreement to be prepared. In consumer disputes, it is important to preserve documents showing the purchase or service relationship and the problem encountered, such as invoices, sales contracts, order forms, warranty certificates, service receipts, shipping records, bank receipts, credit card statements, email correspondence, messages, photographs and videos, and screenshots of websites; the preservation of digital evidence is particularly important in internet purchases. In consumer law, the applicable time limits relating to the right of withdrawal, notification of a defect, warranty, applications to the arbitration committee, filing a lawsuit and termination of the contract must be assessed on the basis of the specific case. Assessing the legal situation without delay after a dispute arises is important for preventing loss of rights.
Where a product is defective, the consumer may have various statutory alternative rights within the conditions provided by law. Depending on the nature of the product and the state of the defect, rights such as a refund, free repair, a price reduction, or replacement with a defect-free equivalent may come into question.
In distance sales, the consumer may have a right of withdrawal under certain conditions. However, the law sets out exceptions to the right of withdrawal for certain goods and services.
For distance contracts, the statutory withdrawal period is, as a rule, 14 days. However, when the period begins, and whether the right of withdrawal applies, must be separately assessed according to the nature of the contract and the goods or service.
In the case of defective goods, the consumer has alternative rights. Whether replacement of the goods with a defect-free equivalent may be requested is determined according to the circumstances of the specific case and the applicable statutory provisions.
Where a product is covered by warranty, free repair and other statutory rights may come into question. By examining the nature of the malfunction, the warranty period and service records, it can be determined which rights the consumer may exercise.
For disputes falling within the jurisdiction of the consumer arbitration committee, an application may be made taking into account the monetary limits in force for the relevant period. As the monetary limits may change each year, the current limit should be checked as of the date of application.
Decisions of the consumer arbitration committee may be objected to within the conditions and time limits provided by law. It is important to examine the specific decision and the date of notification.
Where the vehicle has a hidden defect, a manufacturing fault, a mileage discrepancy, or a significant defect not disclosed by the seller, the consumer's legal rights may come into question. The vehicle sales contract, the appraisal report, service records and other documents must be assessed together.
Where charges continue to be collected despite the termination of the subscription, the contract and termination records may be examined, and the refund of the unjustly collected amounts and other legal rights may be assessed.
Representation by a lawyer is not mandatory in every consumer dispute. However, particularly in high-value goods and services, disputes involving defective homes or vehicles, and files requiring technical examination, obtaining a legal assessment is important in order to prevent loss of rights.
It is important to assess your legal rights where the product you purchased is defective, the service you received is not provided in accordance with the contract, you have experienced a problem with an internet purchase, your right of withdrawal has not been honored, a product under warranty has not been repaired, or an unjust amount has been collected from you as a consumer. If you need legal support regarding defective goods and services, the right of withdrawal, distance sales, warranties, refunds, free repair, product replacement, subscription agreements, consumer loans, the purchase of homes and vehicles, or disputes before the consumer arbitration committee or consumer court, you may contact us so that the particular features of your dispute can be assessed.