Obligations and contracts

Defective goods

A product that lacks the qualities promised in the contract or reasonably expected by the buyer, triggering statutory remedies.

All terms

Under Turkish consumer law, goods are defective if, at the time of delivery, they fail to match the agreed sample, the qualities stated in advertising or on the label, or the characteristics a buyer may reasonably expect for their intended use. The defect may be material, legal or economic in nature.

When goods prove defective, the consumer may choose among statutory remedies: rescinding the contract and reclaiming the price, requesting a price reduction, demanding free repair, or requiring replacement with a non-defective equivalent. The seller is, as a rule, bound by the consumer's choice.

These claims are subject to statutory limitation periods, and in certain cases the manufacturer and importer are liable alongside the seller. Similar rules protect commercial buyers under the Code of Obligations, though with stricter inspection and notice duties.

Not to be confused with

Garanti kapsamındaki arıza ile karıştırılmamalıdır: garanti sözleşmesel bir taahhüttür, ayıp sorumluluğu ise garanti verilmese bile kanundan doğar.

Statutory basis

  • TKHK m.8
  • TKHK m.11
  • TBK m.219

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.