Consumer Protection

The purpose of this act is to take measures aimed at protecting the health, safety and economic interests of consumers in line with the public good, building consumer awareness, indemnifying losses incurred by consumers and protecting them against environmental hazards; to promote consumer initiatives aimed at protecting consumer interests and to encourage volunteer organizations aimed at devising consumer-related policies.

Defective Goods

A product which contains, material, legal or economic deficiencies which influence the quality, or the quantity that affects the quality, specified on the packaging, labelling, presentation or operating instructions, or in the advertisements or notices, or declared by the seller or established in the standards or technical regulations, or decrease or eliminate its value or the benefits expected from such product by the consumer with respect to fitness, shall be deemed defective.

The consumer shall notify the seller of the defect within 30 days following the date of delivery of the product. In such case, the consumer shall be entitled to rescind the contract with a refund, or demand the replacement of the good with a complete one, or a reduction of the price proportional to the defect, or free of charge repair. The seller shall perform the consumer's selection of remedy. In addition to this right of selection, the consumer shall also be entitled to claim indemnity from the manufacturer-producer, in the event that the defective good causes death and/or injury and/or harm to other goods used.

The manufacturer-producer, seller, dealer, agent, importer and creditor who grants credit in accordance with subsection five of Article 10 shall be severally liable for the defective good and the consumer's right of selection provided for in this Article. In the event that more than one person is responsible for the damages caused by the defective good, such persons shall be held severally responsible. Non-cognizance of the defect existing in the good sold shall not eliminate this responsibility.

The statute of limitations for responsibility for the defective good is two years following the delivery of good to the consumer even if the defect appears later, unless those responsible for the defect under this Article have undertaken responsibility for a longer period. The statute of limitations is five years for immovable properties used for dwelling and vacation purposes. Claims which arise from any damages caused by defective goods are subject to a statute of limitations of three years. Such claims cannot be made after the ten-year period following the day on which the good that caused the damage has been launched to the market. If, however, the defect of the good sold has been concealed from the consumer by the seller's gross fault or fraud, the statute of limitations shall not apply.

The aforementioned provisions, other than those pertaining to responsibility for damages caused by defective good, shall not apply to the goods purchased knowing that they were defective.

The manufacturer or seller shall affix a label easily legible by the consumer, bearing the word "defective" to the defective good to be offered for sale, or to its labelling. There is no obligation to affix such labelling at the places where only defective goods are sold, or a storey or department of which has been permanently allocated for the sale of defective goods, in a manner easily noticeable by the consumer. The fact that the good is defective shall be shown on the invoice, receipt or sales document given to the consumer.

Goods which are not safe cannot be supplied to the market even with the label "defective". The provisions of the Law on the Preparation and Application of Technical Legislation Relating to Products, No. 4703 shall apply to such products.

These provisions shall also apply to all consumer transactions relating to the sale of goods.

Defective Services

A service which contains, material, legal or economic deficiencies that influence the quality or the quantity that affects the quality specified in the advertisements or announcements made by the supplier, or established in the standards or technical regulations, or decrease or eliminate its value or the benefits expected from such service by the consumer with respect to fitness, shall be deemed defective.

The consumer shall notify the supplier of the defect within 30 days following the date of performance of the service. In such case, the consumer shall be entitled to rescind the contract, or demand the service to be performed again, or a reduction of the price proportional the defect. Where the rescission of the contract by the consumer is not justifiable due to the nature of the transaction, the consumer shall suffice with a reduction of the price. In addition to this right of selection, the consumer shall also be entitled to claim indemnity under the conditions laid down in Article 4. The supplier shall perform the consumer's selection of remedy.

The supplier, dealer, agent and creditor who grants credit in accordance with subsection five of Article 10 shall be severally responsible for the defective service and damages caused by such defective service and the consumer's right of selection provided for in this Article. Non-cognizance of the defect existing in the service provided shall not eliminate this responsibility.

The statute of limitations for responsibility for the claims arising from defective service is two years following the performance of service even if the defect appears later, unless warranty has been granted for a longer period. Claims which arise from any damages caused by defective services are subject to a statute of limitations of three years. If, however, the defect of the service provided has been concealed from the consumer by the supplier's gross fault or fraud the statute of limitations shall not apply.

The aforementioned provisions, other than those pertaining to the responsibility for damages caused by defective service, shall not apply to the services purchased knowing that they were defective. These provisions shall also apply to all consumer transactions relating to the provision of services.

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