What are Consumer Contracts and Lawsuits?

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Consumer Law is a branch of law created to protect the economic interests, health and safety of the consumer. With the development of e-commerce in recent years and the increase in online sales accordingly, Commercial Law has become an area of great interest. This branch of law, which ensures that the consumer has certain rights if he cannot find the promised product and service for a fee, protects the victimized consumer legally.

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Compliance with consumer legislation, evaluation of consumer demands and resolution of disputes, application to Consumer Arbitration Committee and Consumer Courts for the problems faced by consumers and follow-up of cases, resolution of disputes arising from defective goods and services, creation of distance sales contracts, commercial advertisements in accordance with Consumer Legislation, Advertising Board Principles and Decisions. Although lawyers guide both the seller and the consumer, the people who are described as consumers in our country do not yet know what rights they have.

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What are Consumer Contracts?

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A consumer contract is a legal document between the buyer and the seller, documenting the purchase of goods and services. As consumer contracts;

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• Installment sales contracts

• consumer loan agreements

• Housing finance contracts

• Contracts established outside the workplace

• Distance contracts (especially contracts established through various means such as internet and telephone)

• Distance contracts for financial services

• Timeshare and long-term vacation service contracts

• Package tour contracts

• Subscription contracts are a part of the contracts listed in the Consumer Protection Law No. 6502.

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These contracts are to protect the rights of service and product buyers against the seller. It prevents the victimization of the buyers who give financial compensation for the service and product they receive.

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What are the Rights Provided to the Consumer in the Case of Defective Service?

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First of all, let's look at what is a defective service evaluated within the scope of Consumer Law. If the money paid for any product or service is not received, more precisely, if the promised service and product is not met, consumer rights arise and may demand their rights for the defective goods.

 

These consumer rights are:

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• The right to request that the service be performed again,

• The right to request a discount from the service fee,

• Right to request repair

• Right to withdraw from the service contract

• If the consumer requests one of the 4 optional rights listed above, he is obliged to fulfill it.

 

If these rights are not provided, a lawsuit can be filed before the consumer court, and the buyer can claim his rights legally.

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What Are Consumer Lawsuits? 

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Lawyers provide services to deal with disputes in the goods and services purchased by consumers and to create solutions. Compliance with consumer legislation, resolution of disputes by evaluating consumer demands, preparation of distance sales contracts and their annexes, preparation of subscription contracts, communication of Consumer Law legislation, settlement between the seller and the buyer, resolution of disputes arising from defective goods or defective services, commercial advertising principles and unfairness. information about commercial practices is among the consultancy services.

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Consumer cases;

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• Litigation and follow-up of cases in Consumer Courts,

• Advocacy service for disputes seen in Consumer Arbitration Committees,

• Claims for compensation for the loss suffered by the consumer as a result of defective goods,

• Disputes arising from housing finance and prepaid housing sales contracts,

• Vacation and tour contract cases,

• Lawsuits arising from commercial advertising and unfair commercial practices,

• Lawsuits about unfair terms in consumer contracts,

• Installment sales contracts,

• Monitoring credit card transaction fees,

• Follow-up of disputes regarding distance sales contracts,

• Dispute cases regarding the use of the right of withdrawal.

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Lawyers who are experts in the compensation of the damages caused by the products and services you purchased and the protection of your rights represent you in your cases on the issues we have mentioned.

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How Does the Litigation Process Work in Consumer Disputes?

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In consumer disputes, an application can be made to Consumer Courts or Consumer Arbitration Committees in accordance with the price of the service or product. For the problems arising from the consumer rights legislation in 2019, it is stated which court is the place of solution for which amounts. These:

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• District Consumer Arbitration Committee in disputes up to 650 TL,

• Provincial Consumer Arbitration Committee for disputes between 5.650 TL and 8.480 TL in provinces with metropolitan status,

• Provincial Consumer Arbitration Committee for disputes under 8,480 TL in the centers of provinces that are not metropolitan,

• Provincial Consumer Arbitration Committee for disputes between 5.650 TL and 8.480 TL in districts of provinces that are not in metropolitan status,

• The Consumer Court is in charge of all consumer disputes over 480 TL.

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According to these amounts, an application can be made to the Consumer Arbitration Committees. After the other party's declaration of disagreement, the arbitral tribunal examines the file and makes its decision. The party who thinks that the decision is not correct can appeal to the Consumer Court within 15 days. The final decision to be taken with this appeal is final.

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You can call us to protect your rights under Consumer Law and to learn how to apply to Consumer Courts.​