Consumer law · Legal information

With Which Record Is Notice of a Defect Given?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Notice of a defect is the notification that carries which goods, with which defect, and when it was seen. The form is the record that can show these three pieces of information later. The question of with which record it is given is not answered before the sender, the date and the text of the defect stand. The notice is not the elective right itself. The period stands in the statute. If the file has no notice day, this text does not add a day.

What the record carries

The record holds the identifying information of the goods, what the defect is and the moment the consumer noticed it. The sender and the date are also visible. An email, a service form or a written message can carry this load. A sentence said only on the telephone, and not put into writing, is a notice that is hard to show later. A notary is not written as the only form. A notarial notice is one type of record. If another standing record also shows the sender and the text, the debate on form runs from that record. Which channel was enough is read from the trace in the concrete file. If the document does not carry the name of the goods, it is not built which goods the notice concerned. An invoice may show that the goods were sold. An invoice does not take the place of the moment the defect was seen.

The menu of elective rights sits under defective goods, the end of the document under a defect when the period has run, and the place of the application under the consumer arbitration committee. This record owns only the form of the notification.

There is no number of days here

An apparent defect and a defect that appears later can be regulated separately in the statute. This text does not turn that regulation into a number of days. Whether the notice arrived in time is not said before the date of noticing and the date of notification are placed side by side. If there is no date in the file, a date is not invented. The notice day is read from the date on the record. If the record does not carry a date, a day is not added from this text. If the contract has a shorter sentence on giving notice, that sentence is read in the file. The contract does not turn the statutory period into a figure on this page. If the minutes write a service visit, the visit stands apart from the text of the notice. The service coming does not of itself mean the defect was notified. If both stand, both are kept.

What is separated in the notice record

The notice document, the invoice and, if there is one, the service minutes are read together. An Ankara lawyer separates from this record the point that the office being in Çankaya does not change the competent authority. Which record carries the notification is read from the file. If the file has no notice day, a day is not added.

Notice does not choose the right

Notice does not mean that the right has been chosen. The menu of repair, price or replacement is a separate heading. If a right was chosen in the notice, that sentence is read separately. If there is no choice, the notification is only the giving of news of the defect. If the petition adds later a right that is not in the text of the notice, the addition is not the notice itself. The application should show, with the record, for which goods and which defect it was made. If the record and the application write different goods, the difference is not hidden. If service carries the claim that it reached the seller, the record of reaching is kept. If there is no service, the absence is neither a finding that notice was never given nor a finding that it was given. The two possibilities are separated from the file. The register may show the seller's name. The name does not complete the content of the notice text.

The consumer asks for the identifying number of the goods, the moment they first saw the defect and to whom they wrote. If these three are missing, the form is not built with a general sentence of complaint. If the seller's reply that they received it does not show the text, the finding of receipt stays weak. The reply does not have to accept the defect. If there is a reply, it is read which sentence it closed. A refusal is not announced as wrongful in advance. A decision is not built before the text of the notice is seen. A number of days is not put in the place of an incomplete text.

Form does not take the place of the menu

The existence of the defect and the form of the notice are not the same question. Even if the goods are defective, the record of giving notice is read separately. Even if the record is in order, the nature of the defect is read separately. This text does not paste the second question onto the first. What is asked for in the petition is which document carries the notification. An incomplete document is not completed with a sentence of a day. A decision is not built before the sender, the date and the defect stand side by side. The price on the invoice does not build the form of the notice. A general provision in the contract is not form by itself either.

Conclusion

Notice of a defect is the record that carries the goods, the defect and the moment it was seen. A notary is not the only form. There is no number of days in this text. The framework sits on the consumer law page, and the basis is Law No. 6502.

Legislation

Frequently asked questions

Is notice of a defect given through a notary?

A notary is not the only form. A standing record that shows the sender, the date, the goods and the defect is the document of the debate on sufficiency. A telephone conversation that was not put into writing stays weak.

How many days is the period for notice?

The period stands in the statute. This page gives no number of days. An apparent defect and a defect seen later are not memorised as the same time. The dates are read from the record.

Does the notice also choose a refund of the price?

It does not choose of itself. The notice gives news of the defect. The menu of elective rights is in the article on defective goods. If a right was chosen in the text, that sentence is read separately.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Consumer law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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