Defective Goods

Under Article 8 of Law No. 6502, defective goods are goods that, at the time of delivery, do not conform to the agreed sample or model or lack the characteristics they should objectively have. Non-conformity with features stated on packaging, labels, instructions, websites or in advertising is also a defect. Material, legal or economic deficiencies that the seller knew or should have known, and that remove or reduce the benefit the consumer expected, are also covered.

Elective Rights

A consumer receiving defective goods may choose to:

• Withdraw from the contract by offering to return the goods,
• Obtain a price reduction proportionate to the defect,
• Have the goods repaired free of charge, unless this requires excessive cost,
• Have the goods replaced with a non-defective equivalent, if possible.

The seller must fulfil the remedy chosen. Free repair or replacement must be completed within thirty working days of the request; for housing and holiday property the period is sixty working days. If not, the consumer may exercise the other rights. For free repair, the manufacturer and importer are also liable together with the seller.

Six-Month Presumption and Limitation

Unless proven otherwise, defects appearing within six months of delivery are presumed to have existed at delivery. Liability is subject to a two-year limitation period from delivery, even if the defect appears later; for housing the period is five years. If the defect was concealed by gross negligence or fraud, the limitation period does not apply.

Relationship with Warranties

For products that must be sold with a warranty certificate, the minimum warranty period is two years from delivery. A warranty is an additional guarantee alongside liability for defects; for products without a mandatory warranty, the seller’s liability for defects continues.

Difference from Withdrawal

The right of withdrawal requires no reason and is limited to fourteen days; liability for defects is based on the goods being defective and may be invoked for two years. Defect rules also apply to products excepted from withdrawal. The seller is primarily liable to the consumer for defective goods sold on a marketplace. For defects in services, see Defective Services.