By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Defective-goods and warranty disputes are governed by the Consumer Protection Law No. 6502 where the buyer is a consumer, and by the Code of Obligations No. 6098 where both parties are merchants, with the Turkish Commercial Code No. 6102 deciding which regime applies. A product that is faulty, fails to match its description, or breaks down within the warranty period gives the buyer a statutory choice of remedies, but which remedy survives a dispute depends far more on how the defect is documented than on the seller’s own policy booklet.
What law governs defective goods and warranty claims?
Defective-goods claims are governed by the Consumer Protection Law No. 6502 when the buyer acquires the goods as a consumer, and by the Code of Obligations No. 6098 when the sale is between two merchants. The Turkish Commercial Code No. 6102 classifies a sale between merchants as a commercial transaction, which shortens inspection and notice expectations and changes the available remedies. For a foreign buyer or a cross-border company, the first question is therefore not what the warranty card says, but which of these two regimes the transaction falls under, because that single classification reshapes the deadlines, the burden of proof, and the relief on offer.
What counts as a defective product?
A product is defective when it does not carry the qualities promised at sale, lacks features a buyer can reasonably expect, or is unfit for the purpose it was sold for, as set out in the Consumer Protection Law No. 6502. The defect can be material, such as a fault in the goods themselves, legal, such as a third-party claim over the item, or economic, such as the product failing to deliver the performance the seller advertised. A hidden non-conformity that only appears after delivery is treated differently from an obvious fault the buyer could have seen on inspection, which is one reason early, dated documentation matters.
- A material defect in the goods, such as a manufacturing or component fault
- A legal defect, such as a third-party right or encumbrance over the item
- An economic defect, where the product fails to perform as advertised
- A non-conformity with the sample, model, or written specification
- A hidden defect that surfaces only after delivery and normal use
What remedies can a buyer claim?
Under the Consumer Protection Law No. 6502, a buyer of defective goods may choose among four statutory remedies: rejecting the goods and rescinding the sale for a refund, keeping the goods and demanding a price reduction, asking for free repair, or requiring a defect-free replacement. The right to choose belongs to the buyer, not the seller, so a seller cannot unilaterally force a repair when the buyer is entitled to replacement or a refund. Where repair or replacement imposes a disproportionate cost, the law allows the position to shift, and the seller must in any event carry out the chosen remedy within a reasonable time and without significant inconvenience to the buyer.
In a merchant-to-merchant sale governed by the Code of Obligations No. 6098, the same family of remedies broadly applies, but the buyer’s window to inspect and to give notice of defects is tighter and is read against the commercial standard in the Turkish Commercial Code No. 6102. This is why a company buying for resale or production cannot afford to treat inspection as a formality.
How long do warranty and notice periods run?
Warranty duration, the period for notifying a defect, and the limitation period for bringing a claim are all fixed by the Consumer Protection Law No. 6502 and the Code of Obligations No. 6098, and they differ between consumer and commercial sales. Because these statutory periods are set by law and can be revised, and because the clock can start from delivery, from discovery of a hidden defect, or from the date of a failed repair, you should confirm the exact periods in force for your transaction at the moment a problem appears rather than rely on a figure quoted elsewhere. A consumer typically benefits from a longer and more protective regime; a merchant buyer is generally held to prompt inspection and prompt notice, and silence can be read as acceptance of the goods.
The practical rule is the same in both regimes: act early and in writing. A defect notified late, or only verbally, is far harder to prove than one recorded with a date, a description, and supporting evidence before the goods leave the buyer’s hands.
What documents and evidence do you need?
A defective-goods claim succeeds or fails on its file, so the evidence should be preserved before the product is handed back for inspection or repair. The aim is to link each requested remedy to a documented fact and each fact to a dated record, so that the defect cannot later be recharacterised by the seller as user error, a policy limitation, or a routine service delay. The core file usually includes the following.
- The invoice, order confirmation, and contract of sale
- The warranty certificate and any written seller or manufacturer guarantee
- Photographs, videos, or other proof of the defect, dated where possible
- Service intake forms, repair reports, and return or delivery receipts
- The written complaint history and every seller or service-provider response
- Records showing repeated failure, a repair that was not delivered, or a refused remedy
- An independent expert report where the cause or extent of the defect is contested
Litigation or arbitration for a defective-goods dispute?
A consumer dispute over defective goods is channelled through the consumer arbitration committees and consumer courts created by the Consumer Protection Law No. 6502, and that public route cannot be replaced by a private arbitration clause. A commercial supply dispute between merchants is different: if the contract contains a valid arbitration agreement, the parties can resolve it by arbitration, and an award rendered in a cross-border matter is enforceable abroad under the New York Convention. The comparison below sets out the practical trade-offs for a commercial buyer deciding how to frame a supply contract.
| Factor | Court and consumer-committee route | Arbitration (commercial sales only) |
|---|---|---|
| Available to consumers | Yes, the mandatory route under Law No. 6502 | No, a consumer dispute cannot be sent to arbitration by clause |
| Available to merchants | Yes, through the commercial courts | Yes, where a valid arbitration agreement exists |
| Governing regime | Law No. 6502 for consumers; Code of Obligations No. 6098 for merchants | The contract plus the chosen arbitration rules |
| Confidentiality | Generally public proceedings | Generally private and confidential |
| Cross-border enforcement | Subject to local civil enforcement and recognition rules | Enforceable abroad under the New York Convention |
For a consumer, the route is fixed by statute and the choice is really about the right committee or court. For a cross-border supplier or buyer, the decision is made at the drafting stage: a well-drafted arbitration clause in a supply contract can keep a defective-delivery dispute private and enforceable across borders, while the absence of one leaves the parties to national court litigation. Choosing the forum before a dispute arises avoids a costly jurisdictional fight later.
How does a cross-border defective-goods claim differ?
When the buyer, the seller, or the goods sit in different countries, the claim turns on which law and which forum apply, questions answered by the contract and, in its absence, by the Turkish Private International Law No. 5718. A foreign buyer should review the governing-law and dispute-resolution clauses before filing, because they decide whether the Consumer Protection Law No. 6502, the Code of Obligations No. 6098, or a foreign sales regime controls the defect analysis. Documents that cross borders, such as powers of attorney, corporate records, and the evidence file, often need translation and, where required, apostille or consular legalisation before they can be used, so this work is best done early rather than under a filing deadline.
What are the most common mistakes that weaken a claim?
The single most common error is handing the product over for inspection or service before the defect is documented, which lets the seller later deny, minimise, or recharacterise the fault. The second is treating the warranty booklet or the seller’s policy as the final word, when the statutory remedies under the Consumer Protection Law No. 6502 or the Code of Obligations No. 6098 may give the buyer more than the policy admits. Delay compounds both: repeated store visits, vague service promises, and incomplete written complaints make it harder to show what failed, when it failed, and how the seller responded. The corrective is straightforward, which is to build the dated evidence file first and define the real objective, whether refund, replacement, repair, or price reduction, before the dispute is reframed as a routine service matter.
Frequently asked questions
Which law governs defective-goods and warranty claims?
Defective-goods claims are governed by the Consumer Protection Law No. 6502 when the buyer is a consumer, and by the Code of Obligations No. 6098 when both parties are merchants, with the Turkish Commercial Code No. 6102 deciding whether a sale is commercial. That classification controls the inspection window, the notice period, and the remedies on offer, so it is the first point any foreign buyer or cross-border company should establish before raising a claim.
Can the seller decide which remedy I get?
No. Under the Consumer Protection Law No. 6502, the right to choose among rescission, price reduction, free repair, and replacement belongs to the buyer, not the seller, although the position can shift where a chosen remedy would impose a disproportionate cost. A seller cannot unilaterally force a repair when the buyer is entitled to a refund or a defect-free replacement, which is why the seller’s policy booklet does not end the legal analysis.
Should I hand over the product before documenting the defect?
No. Preserve the defect record first wherever possible: dated photographs, the invoice and warranty papers, and a written complaint create proof that survives if the seller later denies or minimises the fault. Once the goods are surrendered for repair without that record, the defect can be recharacterised as user error or a service delay, and the buyer loses the evidentiary high ground that supports a refund or replacement.
Is warranty the only route to a remedy?
No. The manufacturer or seller guarantee is one layer, but the statutory remedies under the Consumer Protection Law No. 6502 or, in a commercial sale, the Code of Obligations No. 6098 exist independently of the warranty card. A defect can therefore give rise to consumer-law or contract remedies even where the warranty has lapsed or excludes the fault, so the warranty terms should be read alongside the statute rather than as a substitute for it.
How quickly do I need to act on a defect?
Act early and in writing. Notice and limitation periods are set by the Consumer Protection Law No. 6502 and the Code of Obligations No. 6098 and differ between consumer and commercial sales, and because they are statutory periods that can be revised, you should confirm the exact deadlines in force when the problem appears. A merchant buyer in particular is held to prompt inspection and notice, and silence can be treated as acceptance of the goods.
Speak to our commercial and consumer disputes team
If a defective delivery, a denied warranty claim, or a failed repair is putting a commercial relationship or a significant purchase at risk, early advice protects both the remedy and the timeline. Our lawyers advise foreign investors and cross-border companies on building the evidence file, choosing the right remedy, and pursuing recovery under the Consumer Protection Law No. 6502 and the Code of Obligations No. 6098. Learn more about our compensation and damages litigation services, and contact the firm to review your specific position.
For related guidance, see our work on consumer rights and consumer law, e-commerce refunds and chargeback rights, and commercial contract drafting and disputes.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.