Lawyer in Turkey: Tourist trap; the purchase of jewels

Thursday, January 14, 2016

Tourist trap; the purchase of jewels

It often happens that a nice vacation ends with a empty wallet and a feeling of fraud after a visit to a huge jewellery store. The period for the purchase of jewels has started. A sparkling necklace has been sold under the following slogan:                                                              

“jewels for 18 carat gold and decorated with real diamonds for only 9000 Euro!”

Although some feelings of regret arise on the side of the consumer after the purchase, the jewels will be valued upon returning home. The valuation shows that the jewels do not contain the value of the characteristics that the seller had stated. The once so sparkling necklace, ring or bracelet, is not sparkling anymore. The seller has lied about the value of the product and has sold it for an amount that is too high. The jewels do not contain the characteristics that were declared by the seller.  The question that you may ask yourself in this situation is as follows: Is it still possible to refrain from the bad purchase?

It should be noted that the rights concerning the protection of consumers in Turkey was differently regulated than the current regulation in this respect. I would like to refer to one of my previous articles regarding these misleading sales practices. In case of a typically lack of the purchased product, the purchaser had under determination of the sales agreement, the right to demand his money back. This was possible within duration of 30 days starting from the moment that the jewels were sold and delivered to the buyer. In case the buyer did not inform the seller within these 30 days concerning the lack of the product, dissolution of the agreement (due to lack of the characteristics of the good) was not possible anymore and the buyer was bound by that contract. The letter concerning termination and reclaiming the money back had to be sent to the seller within these 30 days.

However with the introduction of the last amendments in the law and regulations, the legislator has extended the period of 30 days with 6 months. With this change it is now possible to dissolve the agreement within 6 months after purchase/delivery date. This right exists as long as you can prove that the jewels do not contain the essential characteristics that have been declared by the seller. This is a real welcome to the right of the consumers.

We advise you to contact the seller by a registered letter about the dissolution of the contract relying on the defects of the jewels. A letter by mail is in this regard not sufficient. You should send the letter by registered mail within 6 months. I advice you to send the termination letter both by mail and by letter. Of course we are at your disposal to assist you with the necessary advice and assistance in this matter.

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