Customer service / Legal Rights

PART TWO

Consumer Protection and Lighting

Defective goods

Article 4 - It is in contradiction with the quantity which is stated in the package, label, promotion and usage guide or advertisements and advertisements or which is notified by the seller or affecting the quality or quality determined in the standard or technical regulation or decreases its value or the benefits expected by the consumer from the usage or usage. or the goods that eliminate the material, legal or economic deficiencies are considered defective goods.

The consumer is obliged to inform the seller within thirty days of the delivery of the goods. In this case, the consumer has the right to return from the contract including the reimbursement, to replace the goods without any defect or to ask for price reduction or free repair at the defect rate. The seller is obliged to fulfill this demand which is preferred by the consumer. The consumer has the right to demand compensation from the manufacturer-manufacturer in cases where death and / or injury caused by defective goods and / or damage to other goods in use is caused by one of these optional rights.

I is jointly liable for the defective goods lending according to the fifth opinion of Article 10 of the manufacturer-manufacturer, seller, dealer, agency, importer and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by defective goods, they are jointly liable. Not knowing that the goods sold is defective does not eliminate this responsibility.

Responsibility for defective goods is subject to a period of two years from the date of delivery of the goods to the consumer, even if the defect arises later. This period is five years for immovable property for housing and holiday purposes. Claims to be made for all kinds of damages caused by defective goods are subject to a three year period. These demands start from the day that the damaging goods are placed on the market and disappear after ten years. However, the expiry period shall not be utilized if the defect of the goods sold is concealed from the consumer by the seller's severe defect or fraud.

The above provisions shall not apply to goods purchased knowing that they are defective, except for the provisions for liability for damages caused by defective goods.

It is mandatory to place a label on the defective goods or packaging that will be offered for sale with the phrase "disabled" so that the consumer can easily read it by the manufacturer or the seller. There is no obligation to place this label in places where only defective goods are sold or a portion, such as a floor or department, is permanently allocated to the sale of defective goods. The fact that the goods are defective shall be indicated on the invoice, receipt or sales document given to the consumer.

Unsafe goods, even if the label be placed on the market is impaired. The provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products shall apply to these products.

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

Defective Service

Article 4 / A- Services containing material, legal or economic deficiencies that violate the quantity or quality determined in the advertisements and advertisements or standards or technical rules determined by the provider or which reduce or eliminate the value or the benefits expected by the consumer for the purpose of utilization, service.

The consumer is obliged to notify this provider within thirty days from the date the service is performed. In this case, the consumer has the right to withdraw from the contract, to see the service again or to reduce the price in the rate of shame. If the termination of the contract by the consumer cannot be considered justified as a requirement of the situation, a discount shall be satisfied. The consumer may also claim compensation under one of these optional rights under the conditions set out in Article 4. The supplier is obliged to fulfill this demand of the consumer.

The provider, dealer, agent and lender according to the fifth opinion of Article 10 are jointly responsible for the defective service and all kinds of damages caused by the defective service and the consumer's optional rights in this article. Not knowing that the service provided is defective does not eliminate this responsibility.

If there is no guarantee for a longer period of time, claims to be made due to the defective service are subject to a two-year period from the performance of the service, even if the defect occurs later. Claims to be made for all kinds of damages caused by defective service are subject to a three-year time-limit. However, the period of time-out shall not be utilized if the failure of the service provided is concealed by the consumer's heavy defect or fraud.

Except for the provisions regarding liability for damages caused by defective service, the above provisions shall not apply to services acquired with the knowledge of defective.

These provisions shall apply to all consumer transactions relating to the provision of services.

Avoidance of Sales

Article 5- A commodity that does not have the phrase "it is a sample" or "not for sale"; the seller shall not avoid the sale of such goods if it is exposed in the window, shelf or in any other visible place of a commercial organization.

It is unavoidable to provide services without a justifiable reason.

On the contrary, if there is no customary, commercial custom or custom, the seller cannot make the sale of a good or service dependent on conditions such as the quantity, number or size determined by that good or service itself, or the purchase of another good or service.

This provision shall also apply to other goods and services.

Unfair Terms in Contracts

Article 6- The conditions of the agreement which the seller or the supplier has entered into the contract unilaterally without negotiation with the consumer and which cause the imbalance against the consumer in a manner contrary to the goodwill rule in the rights and obligations of the parties arising from the contract are unfair.

The unfair terms in any contract created by one of the parties to the consumer are not binding for the consumer.

If a contract clause has already been prepared and is unable to affect the consumer content, in particular because it is included in the standard contract, it is considered that the contract clause is not negotiated with the consumer.

If it is concluded that the agreement is a standard agreement after the whole evaluation of the agreement, the negotiation of certain elements or an individual clause of this agreement does not prevent the application of this article to the remainder of the agreement.

If a vendor or provider asserts that a standard requirement is discussed individually, the burden of proof lies with it.

Consumer contracts envisaged in articles 6 / A, 6 / B, 6 / C, 7, 9, 9 / A, 10, 10 / A and 11 / A shall be issued in at least twelve-point and bold black letters and shall be in the absence of one or more, the deficiency shall not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.

The Ministry shall determine the procedures and principles for determining the unfair conditions in the standard contracts and ensuring that these are removed from the contract text.

Installment Sales

Article 6 / A- Installment sale is the type of sale in which the sales price is paid in at least two installments and the goods or services are delivered or executed at the time the contract is issued.

It is compulsory that the sales contract in installments be made in writing. The minimum requirements for the contract are as follows:

a) Name, title, public address and contact information of the consumer and the seller or the provider, if any,

b) the full sale price of the goods or services, including taxes, in Turkish Lira,

c) Total sales price in Turkish Lira to be paid together with interest by maturity,

d) Overdue interest rate not exceeding thirty percent of the interest amount, the annual rate at which the interest is calculated and the interest rate determined in the contract,

e) Deposit amount,

f) Payment plan,

g) Legal consequences of default of the borrower.

The seller or the provider is obliged to ensure that this information is included in the contract and to provide the consumer with a copy of the contract concluded between the parties. If a promissory note is to be issued as a valuable document separately from the contract, this note shall be issued separately for each installment payment and in writing only. Otherwise, the bills of exchange are invalid.

In installments; the consumer is entitled to prepay the total amount owed. The consumer may also pay one or more installments, but not less than one installment. In both cases, the seller is obliged to make the necessary interest reduction according to the amount paid.

If the seller or provider reserves the right to demand the performance of the remaining debt in the event that one or more of the installments are not paid, this right; however, if the seller or the provider has performed all the actions and the consumer is in default in paying at least two consecutive installments and the total amount of the unpaid installments is at least one tenth of the sale price. However, the vendor or the provider must give at least one week's notice to expire in order to exercise this right.

Contract terms can not be changed in any way against the consumer.

Flights

Article 6 / B- Term holiday contracts, including the transfer or commitment of the right of use of one or more immovable property for a period of at least three years and during which period, not less than a week, for a specified or definable term, and is a compulsory, written contract or group of contracts to be given to the consumer.

The Ministry shall determine the principles and procedures regarding the holiday contracts.

Package tour

Article 6 / C- Package tour contracts; transportation, accommodation and other tourist services which are not deemed to be assisted by these, at least two of which are sold at all-inclusive prices or sales commitments and services for a period of more than twenty-four hours or overnight stay, including a copy of the pre-arranged written contracts are mandatory.

The Ministry determines the procedures and principles for package tour contracts.

Campaign Sales

Article 7- Campaign sales, newspapers, radio, television advertisements and similar ways to be announced to the consumer by accepting the campaigner and the delivery of goods or services delivered or performed by the sale.

Campaign sales are made with the permission of the Ministry. The Ministry determines which sales will be subject to authorization, prepayment, installment amount, delivery time, manufacturer's guarantee, guarantee to be deposited and the procedures and principles to be followed in campaign sales.

In case the delivery or performance of the advertised or promised goods or services is not performed at all or as required, the seller, supplier, dealer, agent, manufacturer-manufacturer, importer and the lender according to the fifth opinion of Article 10 are jointly liable.

After the consumer decides to leave the campaign, the organizer of the campaign is liable to pay all the price the consumer has paid so far, provided that the goods or services do not exceed the delivery date.

The promoter must provide the consumer with a copy of the contract including the "campaign end date" and "delivery and fulfillment date and manner of goods or services" in addition to the information provided in the second opinion of Article 6 / A in the written contract to be arranged for the campaign sales.

Unless otherwise agreed in the contract, the prepayment amount shall not exceed 40% of the sales price of the good or service.

In the case of campaign sales, the delivery period of the goods or service shall not exceed twelve months. For immovable property for residential and holiday purposes, this period is thirty months.

In the event that the consumer fulfills all the payment-related actions, the delivery of the goods or the performance of the service must be made no later than one month after the end of the payment.

The provisions of Article 6 / A shall also apply for sales in campaign installments.

Door sale

Article 8- Door sales; These are sales made out of sales places such as work places, trade fairs and panayir.

The Ministry shall determine the qualifications to be sought for those who will make sales through the door, and the procedures and principles regarding the door sales and the sales that are subject to this Law.

In such sales; the consumer is free to accept financial within seven days from the date of receipt or to refuse without giving any reason and under no obligation. In the sale of the services, this period starts from the date of signing of the contract. Before the expiry of this period, the seller or the provider may not ask the consumer to pay under any name or issue any debtor document in return for goods or services subject to sale. The seller is obliged to receive the financial return within twenty days from the date of receipt of the withdrawal notification.

The consumer is not responsible for the changes and deteriorations caused by the usual use of the goods.

The provisions of Article 6 / A shall be applied for the sales made in installments and the provisions of Article 7 shall apply for the sales made through the campaign doors.

Obligations of the seller and the supplier

Article 9- In the sale contracts through the door, in addition to the other elements to be included in the agreement, explanatory information regarding the quality and quantity of the goods or services, the address where the notification of withdrawal shall be made and the following written in bold black letters shall be included:

We undertake that the consumer has the right to withdraw from the contract by refusing financial or service within seven days from the date of receipt of the contract without any legal and criminal liability and without giving any reason, and from the date of receipt of the notice of withdrawal to the seller / provider.

The consumer signs the contract in which his rights are also written and writes his own handwriting history. The seller or the provider is obliged to ensure that this information is included in the contract and to provide the consumer with a copy of the contract concluded between the parties.

Proof of the delivery of the goods and goods to a consumer, which is arranged in accordance with the provisions of this article, shall be the responsibility of the seller or the supplier. Otherwise, the consumer is not bound by the seven-day period to exercise his right of withdrawal.

Distance contracts

Article 9 / A- Distance contracts; written, visual, telephone and electronic media or other communication means and made without encountering with consumers and the consumer or the immediate delivery or execution of the goods or services contracts are agreed.

Prior to the conclusion of the distant sales contract, the information to be determined by notification to be issued by the Ministry shall be given to the consumer. The contract cannot be concluded unless the consumer confirms in writing that this information has been obtained. In electronic contracts, confirmation is done in electronic medium.

The seller and the provider shall perform the act within thirty days of the receipt of the consumer's order. This period can be extended to a maximum of ten days provided that the consumer is notified in writing.

The seller or the provider is obliged to prove that the delivery of non-material goods or services delivered to the consumer electronically is done without any fault.

The provisions regarding the sales through the door shall not apply to the goods except for the goods or services that are subject to the contract during the right of withdrawal, and that the consumer shall not be required to pay under any name or to issue any document that puts them under debt.

The seller or the provider shall be obliged to return any document that has put the consumer and the consumer under the debt due to this legal transaction within ten days after the receipt of the notice of withdrawal, and to recover the financial within twenty days.

Consumer credit

Article 10 - Consumer credit is the credit that consumers receive in cash from the lender for the purpose of obtaining a good or service. The consumer loan agreement must be made in writing and a copy of this agreement must be given to the consumer. The credit conditions stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.

Umeda Agreement;

a) Consumer loan amount,

b) Total debt amount, including interest and other elements,

c) Annual rate at which interest is calculated,

d) Payment schedule where payment dates, principal, interest, fund and other expenses are specified separately,

e) Guarantees to be requested,

f) The default interest rate not exceeding thirty percent of the contractual interest rate,

g) Legal consequences of default of debtor,

h) Conditions for the settlement of the loan before maturity,

i) In case the loan is used in foreign currency, the conditions regarding the date of exchange shall be taken into consideration in calculating the repayment installments and the total loan amount.

If the lender reserves the right to demand the performance of the remaining debt in case one or more of the installments is not paid, this right; however, it may be used if the lender has performed all the acts and the consumer is in default in paying at least two consecutive installments. However, in order for the lender to exercise this right, the lender must give at least one week notice. In cases where personal collateral is given as the guarantee of consumer credit, the lender cannot ask the guarantor to perform the debt without applying to the principal debtor.

The consumer may pay the total amount owed to the lender in advance or may also pay one or more installments that are not due. In both cases, the lender is obliged to deduct the required interest and commission according to the amount paid. The Ministry shall determine the procedures and principles for the amount of interest and commission deduction required according to the amount paid.

If the lender grants the consumer credit with the purchase of a certain brand of goods or services or with a sales agreement to be made with a certain seller or provider, the lender against the consumer or provider with the lending consumer if the goods or services are not delivered at all or on time. jointly responsible.

The lender is prohibited from attaching payments to a security document or securing the credit by accepting security documents. In spite of this prohibition, if a valuable document is to be received from the consumer, the consumer has the right to request this precious document from the creditor. In addition, the lender is obliged to compensate the consumer for the loss of the precious documents.

Credit Cards

Article 10 / A- Loans that are converted into cash loans by the purchase of goods or services by credit card or used by cash withdrawals by credit cards are also subject to the provisions of Article 10. However, the provisions of (a), (b), (h) and (i) of the second article of Article 10 and the fourth opinion shall not apply to such loans.

The periodic account statements sent to the consumer by the lender are in accordance with the payment plan provided for in paragraph (d) of the second opinion of Article 10. If the minimum payment amount in the periodic account statement is not paid at maturity; the consumer shall not be liable under any name other than the default interest stated in paragraph (f) of Article 10.

The lender must notify the consumer thirty days in advance of the interest rate hike. The interest rate raised by the lender cannot be applied retrospectively. The consumer is not affected by the increase in interest if he pays all debts within sixty days from the date of notification and terminates the use of credit.

In cases where the goods or services are purchased with a credit card, the seller or the provider cannot ask the consumer to make additional payments under a commission or similar name.

Periodicals

Article 11- In cases where a second product and / or service is issued by the periodical organizations outside of the periodical, by any means, ticket, coupon, ticket number, game, lottery and similar means, whatever the purpose and form, it is promised; No goods or services may be committed or distributed except for cultural products that are not contrary to the purposes of periodical publishing such as books, magazines, encyclopedias, posters, flags, posters, oral or visual magnetic tape or optical discs. If a campaign is organized for this purpose, the duration of the campaign may not exceed sixty days. A portion of the price of goods or services subject to the campaign cannot be requested by the consumer.

Serious editorial board of the advertisements and announcements of the campaign, the campaign subject goods or deliver services throughout Turkey and to proclaim the program Information on performance history and campaign subject goods or services delivered and ifas the must fulfill within thirty days of the campaign, the end.

During the campaign, the sales price of the periodical cannot be increased due to the increase in the cost of the goods or services to be given as second products. Commitment and distribution of the goods or services subject to the campaign shall not be divided or made as separate or complementary parts of such goods or services. In the implementation of this Law, transactions relating to each good or service that is promised to be given as a second product shall be considered as an independent campaign.

Campaigns that are not regulated by periodical organizations but are directly or indirectly linked to periodicals are also subject to these provisions.

Subion Agreements

Article 11 / A- Consumers who are party to any subion agreement may terminate their subion unilaterally provided that they inform the seller in writing.

The seller is obliged to fulfill the consumer's request to terminate the subion within seven days from the date of receipt of the written notification.

If the request to terminate the periodical subion; from the date on which the written notification reaches the seller, it shall take effect fifteen days in daily publications, one month in weekly publications and three months in monthly publications. For longer-term publications, the first publication after the notification shall be put into force.

The seller is obliged to return the remaining portion of the subion fee within fifteen days without any deduction.

Price tag

Article 12- It is obligatory to place a label containing the prices, place of production and separator features including all taxes related to that goods in a readable manner on the goods or packages or containers offered for retail sale, and in the cases where it is not possible to put a label, the lists containing the same information shall be posted in the appropriate places. .

The lists showing the tariffs and prices of the services are also arranged according to the first opinion.

In case there is a difference between the price indicated in the label, price and tariff lists and the price of the safe, sales are made at the price in favor of the consumer.

Price; It is forbidden to sell goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions at a price above this determined price.

The Ministry regulates the form, content, procedures and principles of the labels and tariff lists with a regulation. The Ministries and municipalities shall have separate duties in carrying out the tasks related to the implementation and monitoring of the provisions of this Article.

Warranty Certificate

Article 13- The manufacturer or importer shall issue a guarantee certificate approved by the Ministry for the industrial goods they import or produce. The seller, dealer or agent shall be responsible for providing the consumer with the warranty certificate including the date and number of the invoice for the goods. The warranty period starts from the delivery date of the goods and is minimum two years. However, due to its nature, the warranty conditions of certain goods may be determined by the Ministry in another unit of measurement.

Seller; In case of failure of the goods covered by the warranty certificate within the warranty period, it is obliged to repair without any cost under the name of financial labor, replacement part cost or any other name.

If the consumer has exercised his right to repair, he may use the other elective rights provided for in Article 4 in the event that it is not possible to exceed the maximum time required to repair or repair the product due to frequent failure in the warranty period. The seller cannot reject this request. In case the consumer's demand is not fulfilled, the seller, dealer, agent, manufacturer-producer and importer are jointly and severally liable.

Malfunctions resulting from the consumer's use contrary to the matters stated in the financial use guide are excluded from the scope of the provisions of two and third parties.

The Ministry is responsible for determining and announcing which industrial goods have to be sold with the guarantee certificate and the maximum periods required for the repair of the malfunctions by taking the opinion of Turkish Standards Institute.

User Guide

Article 14- It is obligatory to sell the industrial goods produced or imported domestically with the Turkish manual for the promotion, use, maintenance and simple repair of the product and with the label covering the international symbols and signs when necessary.

The Ministry is responsible for determining and announcing which of the industrial goods have to be sold with the introduction and usage guide and the label and the minimum elements that should be present in the opinion of the Turkish Standards Institute.

After sales services

Article 15- The manufacturer or importer shall provide maintenance and repair services for the industrial goods they sell, produce or import, by having sufficient technical personnel and spare parts stock during the lifetime of the product determined and announced by the Ministry.

The amount of spare parts stock required by manufacturers or importers is determined by the Ministry.

If the importer's commercial activity is terminated in any way, the new importer of that product has to provide maintenance and repair services during the life of the importer.

The Ministry is responsible for determining and announcing the necessity of the establishment of service stations for the goods and the procedures and principles regarding the establishment and operation of the service stations by taking the opinion of the Turkish Standards Institute.

In case of failure of an industrial product which has to be sold with warranty certificate after the guarantee period, it is obligatory to repair it within the maximum repair period determined by the Ministry.

Commercial Advertisements

Article 16- It is essential that commercial advertisements and announcements are in accordance with the laws, principles determined by the Advertising Board, general morality, public order, personal rights, honest and correct.

Advertisements and advertisements and advertisements that are deceptive, misleading or exploiting the lack of experience and knowledge of the consumer, jeopardizing the safety of the consumer's life and property, encouraging violent acts and committing crimes, disrupting public health, abusing patients, the elderly, children and the disabled.

Comparative advertising of competing goods and services that meet the same needs or for the same purpose can be made.

The advertiser is obliged to prove the concrete claims in the commercial advertisement or advertisement.

Advertisers, advertisers and media organizations are obliged to comply with the provisions of this article.

Advertising Board

Article 17- Determining the principles that should be obeyed in commercial advertisements and advertisements, examining commercial advertisements and advertisements within the framework of these principles and, according to the result of the examination, stopping and / or stopping and / or stopping the advertisements and advertisements contrary to the provisions of Article 16 for three months with precautionary methods and / or an advertising board for fines. The decisions of the Advertising Board are implemented by the Ministry.

The Advertising Board determines the principles to be followed in commercial advertisements and announcements; In addition to the country's conditions, it also takes into account universally accepted definitions and rules in the field of advertising.

Presidency, Advertising Board carried out by the relevant General Manager to be appointed by the Minister;

a) A member to be appointed by the Ministry from among the related Assistant General Managers,

b) A member to be appointed by the Ministry of Justice from among the judges working in administrative duties in that Ministry,

c) Turkey Radio and Television Authority members to be appointed an expert in advertising,

d) A member to be selected by the Higher Education Council among the university teaching staff who are experts in the field of advertising,

e) A doctor member to be appointed by the Central Council of the Turkish Medical Association,

f) Turkey Bar Association is a member of görevlendireceg lawyer,

g), Turkey Union of Chambers and Commodity Exchanges of different sectors of the görevlendireceg four members,

h) All associations of journalists in Turkey need to select a member of their own call,

i) A member to be elected by advertisers associations or their supreme organizations, if any,

j) A member to be selected by the Consumer Council from among the representatives of the consumer organizations participating in the Council or to be appointed by the higher organizations,

k) Turkey Union of Chambers of Agriculture görevlendireceg a member,

l) Turkey Confederation of Tradesmen and Artisans görevlendireceg a member,

m) A member of the Turkish Standards Institute,

n) A member of the Presidency of Religious Affairs,

o) A member of the Union of Chambers of Turkish Engineers and Architects,

p) a member of the trade union confederations,

r) a member of the confederation of civil servant trade unions,

h) Turkey Public Accountant and Certified Financial Mousavi Mousavi They are a member of the Union of Chambers of görevlendireceg,

t) A member to be selected among the municipalities of Ankara, Istanbul and Izmir Metropolitan Municipality,

u) A member from the Turkish Pharmacists Association,

v) Consists of twenty five members including one member from the Turkish Dental Association.

The term of office of the Board members is three years. Expired ones can be reassigned or selected. If the membership is vacated for any reason, the vacant places shall be appointed or appointed within a month within the terms of the third opinion.

The Board convenes at least once a month, or whenever necessary, upon the call of the President.

The Board convenes with the presence of at least fourteen members, including the President, and decides by a majority of the attendees.

The Board may establish special specialized commissions in order to perform permanent and temporary duties when deemed necessary. Public personnel that the Board deems appropriate to serve in these commissions shall be appointed by the relevant public institutions.

The attendance fee to be given to the members of the Board and the members of the specialization commission and the attendance fee to be paid to the members of the board who are not public officials shall be determined by the Ministry by taking the approval of the Ministry of Finance.

Secretariat services of the Board shall be carried out by the Ministry.

The decisions of the Advertising Board are announced by the Advertising Board for the purpose of informing, informing the consumers and protecting their economic interests.

The duties, establishment, working procedures and principles of the Advertising Board and the manner in which the secretariat services shall be performed shall be determined by a regulation to be issued by the Ministry.

Dangerous goods and services

Article 18- In the event that the goods and services offered to the use of the consumer may be harmful or dangerous to the physical and mental health and the environment, the information and warnings related to this situation shall be placed or written in such a way that they can be seen and read in order to use these goods safely.

The Ministry is responsible for determining and announcing which goods or services should carry explanatory information and warnings, and the type and location of such information and warnings together with the relevant ministry and other institutions.

Article 19- Goods and services offered to consumers; it must comply with the compulsory technical regulations, including the standards that have been enforced by the relevant ministries in the Official Gazette.

The relevant ministries are responsible for conducting or having the audit performed according to these principles. The procedures and principles regarding the inspection of goods and services shall be determined and announced separately by each relevant ministry.

Consumer Education

Article 20- Necessary additions shall be made by the Ministry of National Education to the curricula of formal and non-formal education institutions on consumer education.

The procedures and principles regarding the organization of programs on radio and television for the education and awareness of consumers shall be determined and announced by the Ministry upon the proposal of the Consumer Council.

PART THREE

Consumer Organizations

Consumer council

Article 21- Consumer problems, needs and interests to protect the necessary measures to investigate, to solve problems in accordance with universal consumer rights measures to be taken in accordance with the views of the measures for the implementation of this Law, to be addressed primarily by the relevant authorities, the Council of Consumer " .

The Consumer Council, under the chairmanship of the Minister or a Minister to be appointed by the Ministry, Ministry of Justice, Interior, Finance, National Education, Health, Transportation, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Turkish Patent Institute, State Institute of Statistics, Turkish Standards Institute, Turkish Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Institution, National Productivity Center, Directorate of Religious Affairs, metropolitan municipalities, provincial municipalities the Turkish Municipalities Union, labor unions, associations, civil servants trade union confederations, Turkey Employer unions Confederation of Turkey's National Cooperative Union, Council of Higher Education, Turkey Bar Association, Turkey Public Accountant Mousavi are and Certified Financial Mousavi they Rooms Union, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists' Association, the Turkish Medical Association, the Turkish Dental Association, Turkish Veterinary Medical Association, the Turkey Tradesmen and Artisans Confederation, Turkey Chambers and Stock Exchanges Union, Turkey Banks Union, Turkey Travel Agencies Union, Turkey Hoteliers Association , Turkey Union of Chambers of Agriculture, the Central Union of consumer Cooperatives, Ahi Research and Cultural Foundation, and consists of representatives of consumer organizations.

The Ministry shall determine the number and qualifications of the representatives of the institutions and organizations forming the Consumer Council and the minimum number of members of the consumer organizations and the number of representatives that these organizations shall send to the Consumer Council in order to participate in the Consumer Council. However, the number of representatives from public institutions and organizations may in no way exceed fifty percent of the total number of members of the Consumer Council. The Consumer Council meets at least once a year.

The working procedures and principles of the Consumer Council and other matters shall be regulated by a regulation to be issued by the Ministry.

Arbitration Committee for Consumer Problems

Article 22- The ministry is responsible for forming at least one consumer problems arbitration committee in provincial and district centers in order to find solutions to the disputes arising from the application of this Law.

The arbitral tribunal for consumer problems carried out by the Provincial Director of Industry and Trade of the Presidency or by an official to be appointed by him; a member to be appointed by the mayor of the municipality expert, a member to be appointed by the members of the bar, a chamber to be appointed by the chambers of commerce and industry, a member to be appointed by the chambers of craftsmen and craftsmen, and a member to be elected by the consumer organizations. The chamber to be appointed by the chamber of commerce and industry or the chamber of commerce and craftsmen and craftsmen, where it is established separately, is appointed by the relevant chamber according to whether the person who constitutes the seller side of the dispute is a merchant or craftsman and artisan.

In the provinces and districts where there is no provincial organization of the Ministry, the presidency of the arbitral tribunal of consumer problems is carried out by the highest civil authority or an official to be appointed by him. In non-consumer organizations, consumers are represented by consumer cooperatives. Where consumer issues cannot be established by the arbitral tribunal, incomplete memberships are filled ex officio by the municipal councils.

At least one rapporteur is appointed to the arbitral tribunals for consumer issues to prepare the files that will be the basis of the committee's work and decisions and to submit a report on the dispute.

In disputes with a value of less than five hundred million liras, it is compulsory to apply to arbitration committees for consumer problems. In these conflicts, decisions made by the delegation obliges the sides. These decisions shall be executed in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the proceedings. The Parties may appeal against these decisions to the consumer court within fifteen days. The appeal does not stop the execution of the decision of the arbitral tribunal of consumer problems. However, upon request, the judge may stop the execution of the decision of the arbitral tribunal for consumer problems through precaution. The decision of the consumer court upon the objection against the decisions of the arbitral tribunal of consumer problems is final.

Decisions to be given by the arbitral tribunals for consumer problems in disputes of value five hundred million liras or more can be put forward as evidence in consumer courts. Monetary limits on whether decisions will be binding or evidence increase at the end of October each year at the annual average price increase rate in the Wholesale Price Index of the State Institute of Statistics. This is announced by the Ministry in the Official Gazette every December.

All disputes other than those related to penal sanctions in Article 25 are covered by the duties and powers of arbitration committees.

Consumer Problems Arbitration Committees The principles and procedures regarding the payment of the attendance fee or the attendance fee given to the President and the members and the rapporteurs shall be determined by the Ministry by taking the appropriate opinion of the Ministry of Finance so that the amount to be paid in a month does not exceed the amount to be found as a result of multiplying the 2000 indicator number by the monthly coefficient of civil servants.

The establishment, working procedures and principles of consumer arbitration committees and other matters shall be regulated in a regulation to be issued by the Ministry.

PART FOUR

Judgment and Punishment Provisions

Consumer courts

Article 23- Any disputes arising from the application of this Law shall be considered in the consumer courts. The jurisdiction of consumer courts is determined by the High Council of Judges and Prosecutors.

Lawsuits filed by consumers, consumer organizations and the Ministry before the consumer courts are exempt from all kinds of duties and fees. In cases to be filed by consumer organizations, expert fees are covered by the Ministry from the special allowance recorded in accordance with Article 29. In case the case is concluded against the defendant, the expert's fee is collected from the defendant according to the provisions of the Law on the Collection Procedure of Public Receivables numbered 6183 and special income is recorded in the budget according to the principles set out in Article 29. The proceedings before the consumer courts shall be executed in accordance with the provisions of the Seventh Babi and Fourth Chapter of the Code of Civil Procedure.

Consumer cases can also be filed in the consumer's residential court.

The Ministries and consumer organizations may bring proceedings before the consumer courts in order to eliminate the unlawful situation due to the violation of this Law in cases where there is no individual consumer problem and which concerns consumers in general.

Where necessary, consumer courts may order a violation to be prevented. The injunction decisions deemed appropriate by the Consumer Court shall be announced immediately in one of the newspapers published at the country level and in a local newspaper published in the place where the case is opened, in order to take the expense from the party that is unjust and then record special income to the budget according to the principles set out in Article 29.

The decisions of the Consumer Court regarding the elimination of the unlawful situation shall be announced immediately by the same method to be charged for the defendant.

Discontinuation of production and collection of goods

Article 24- In the event that a series of goods offered for sale are defective, the Ministry, consumers or consumer organizations may sue for the halting of the production and sale of defective series goods and for the collection of those from their possession for the purpose of sale.

If it is determined by court decision that a series of goods offered for sale are defective, the sale of the goods is temporarily stopped. The manufacturer-manufacturer and / or importer company shall be warned in order to eliminate the defect within three months at the latest from the notification date of the court decision. If it is impossible for the defect to disappear, the goods are collected or collected by the manufacturer-manufacturer and / or importer. Recovered goods are partially or completely destroyed or disposed of according to the risks they carry.

The provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are reserved in the event that a series of goods offered for sale carry shame that endangers the safety of the consumer.

The consumers who purchase defective goods have the right to sue for the material and moral damages they suffer.

In the event that a series of defective goods subject to the sixth opinion provisions of Article 4 are offered for sale, the provisions of this Article shall not apply.

Goods that look different than they are

Article 24 / A- Even though they are not food products, the production, marketing, importation of goods that appear to be different due to their shape, smell, appearance, packaging, label, volume or dimensions and therefore are mixed with food products by consumers and endanger the health and safety of consumers. and export is prohibited.

If the goods have been placed on the market, the provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products shall apply.

Consumers who seem to be different from their financial purchasers have the right to sue for material and moral damages incurred.

Fines

Article 25-6 In accordance with the seventh opinion of the article, a fine of 50 New Turkish Liras shall be imposed for each contract determined to be in violation of the procedures and principles determined by the Ministry.

In Article 7, Article 5, Article 6, Article 6, Article 6 / A, in accordance with the procedures and principles determined by the Ministry in accordance with Articles 6 / B, 6 / C, Article 5, Article 9 / A, Article 9 / A , Article 10 / A, Article 10 / A, Article 11 / A of the second and fourth ideas, 12, 13, 14, 15 and 27 in violation of the obligations specified in Article 100 fines shall be applied to those who violate.

A fine of 250 New Turkish Liras shall be imposed on those who violate the obligations set forth in Article 4, Article 4 and Article 8, and Article 8.

In accordance with the second opinion of Article 20, a fine of 500 New Turkish Liras shall be applied for the violation of the procedures and principles determined and announced by the Ministry. Ten times the sentence is applied if it is carried out by radio and television broadcasting at the country level.

A fine of 1,000 New Turkish Liras shall be imposed on the manufacturer-manufacturer and importer acting in contradiction with Article 18 and one of the fine on the seller-provider shall be composed.

For those who act in contradiction with the first opinion of Article 19, a fine of 2,000 New Turkish Liras shall be applied.

For those who violate Article 11, a fine of 5,000 New Turkish Liras is applied. Twenty-fold of the penalty is applied if it occurs with periodicals broadcasting at the country level. The Ministry also asks the periodicals to stop the campaign and all kinds of advertisements and advertisements related to the campaign. In spite of this request, if the violation continues, a fine of 100.000 New Turkish Liras shall be imposed for each number starting from the date of the obligation to stop advertising and advertisement. The Ministry applies to the Consumer Court with the request to stop the campaign and all kinds of advertisements and announcements related to the campaign.

For those who act in contradiction with Article 16, a cessation and / or cessation and / or correction of up to three months shall be imposed and / or a fine of 3,500 New Turkish Liras shall be imposed. Depending on the nature of the violation, the Advertising Board may impose these penalties together or separately. In case of violation of Article 16 by written, verbal, visual and other means broadcasting at the country level, the fine shall be applied ten times.

Those who act in contradiction with the seventh and eighth ideas of Article 7 shall be fined at the invoice rate of the goods or services subject to the campaign. This penalty will not apply if the promoter makes a refund when the consumer leaves the campaign.

Those who act in contradiction with the second opinion of Article 7 shall be allowed one week for campaign arrangements in accordance with the provisions of Article 7. If it is determined that the violation continues at the end of this period, a fine of 50.000 New Turkish Liras shall be applied to those who act in contradiction with this provision and those who act in contradiction with the obligations specified in Articles 24 and 24 / A.

The fines specified in the above ideas shall be applied twice as repeated within one year of the act. Fines shall be increased at the beginning of each year in accordance with the provisions of Article 2 of the Turkish Penal Code No. 765.

If the law imposes a fine on the acts written in this Law, the severe penalty shall be applied.

Authority, objection and timeout in fines

Article 26- The penalties in one, four, seven, eight, nine and tenth paragraphs of Article 25 shall be imposed by the Ministry and the penalties in other opinion shall be imposed by the local superior.

All fines regulated in this Law are of an administrative nature. An objection may be lodged to the competent administrative court within seven days from the date of notification against these penalties. The appeal does not stop the execution of the sentence given by the administration.

The fines imposed in accordance with Article 25 shall be collected in accordance with the provisions of the Law on the Collection Procedure of Public Receivables.

The period of time limit for the imposition of administrative fines regulated in this Law is one year. The statutory period shall commence on the date of the act in violation of the provisions of this Law.

In the case of repeated or repeated violations, the period shall commence on the day the violation ends or the last occurrence. It has been referred to a court decision against cuts to collect preion.

The fines shall be notified by the competent authority to issue the penalty to the professional board of the person concerned within seven days.

FIFTH

Various Provisions

Audit

Article 27- In the implementation of this Law, the inspectors and controllers of the Ministry and the personnel to be assigned by the Ministry and municipalities; They are authorized to conduct inspections, inspections and researches in places where all kinds of goods are placed and / or sold or provided with services such as factories, stores, shops, commercial buildings, warehouses, warehouses.

It is obligatory that all kinds of information and documents are displayed correctly and the original and approved copies are given to the authorized and authorized persons and institutions in matters covered by this Law.

Laboratory

Article 28- The Ministry may benefit from laboratories established by public and private institutions for the implementation of this Law, except for the analysis of pharmaceuticals, preparations, cosmetics and foodstuffs.

Tests and examinations of the samples taken during the inspections carried out by the Ministry may be carried out in official or private institution laboratories. Test and examination fees are covered by the special allowance in Article 29. If the test and inspection results are in contradiction with the relevant standard or technical regulation, all expenses are paid by the manufacturer or importer. These expenses are collected according to the provisions of the Law No. 6183 on the Procedure for the Collection of Public Receivables. The collected test and examination fees are recorded as special revenue to the budget according to the principles set out in Article 29.

Allowance

Article 29- Expenses relating to the establishment and activities of the Consumer Council, arbitration committees of consumer problems and the Advertising Board, financial assistance to consumer associations and their supreme organizations, the expenses of the Ministry for consumer protection, other expenses and procedures and principles shall be approved by the Ministry of Finance upon the approval of the Ministry of Finance. In the additional payment to be made to the personnel in the amounts determined by the Ministry;

a) From the appropriation to be put into the budget of the Ministry,

b) In the case of capital increase and capital increase of all the joint-stock and limited liability companies to be established, one-thousandth of the increasing portion shall be paid.

(B) income specified in subparagraph Turkey's Central Bank or the reporter T. C. It shall be collected in an account to be opened with Ziraat Bank. Sixty percent of the amounts collected in this account are transferred to the account of the Central Accountancy Directorate of the Ministry of Industry and Trade and the percentage contribution is transferred to the Competition Authority account at the end of each month.

The amounts transferred to the account of the Central Accountancy Directorate are recorded as special income to the budget on the one hand and special allowance to the existing or new openings in the budget of the Ministry of Industry and Trade on the other hand.

Some of the amounts recorded as special appropriations to the Ministry budget; It is used to support projects involving the activities of independent consumer associations and their supreme organizations from commercial, political and administrative organizations that have been operating for at least five years. No payments can be made from this account under the name of attendance fee and salary to the persons who work in the management and audit boards of consumer associations and their supreme organizations. Other criteria to be met by the consumer associations and their supreme organizations that will benefit from this account are regulated by a regulation to be prepared jointly by the Ministry of Industry and Trade and the Ministry of Finance.

In this way, the Minister of Finance is authorized to record the special income and special appropriations transferred from the amounts recorded in the special appropriation to the budget in the following year.

Other Provisions

Article 30- In the absence of provisions in this Law, general provisions shall apply.

Regulations and Other Regulations

Article 31- The regulations provided for in this Law shall be issued by the Ministry by taking the opinions of the relevant public institutions, professional supreme organizations and consumer organizations within one year from the date of publication of the Law. The Ministry is authorized to take the necessary measures and make arrangements in the framework of the legislation related to the implementation of this Law.

Repealed Provisions

Law No. 32-3489 on Non-negotiable Sales Obligation, Law No. 632 on the Sale of Imported or Domestic Vehicles, Engines, Machines and Equipment with the Promotion, Law No. 3003 on the Control and Determination of Cost and Sales Prices of Industrial Products has been repealed. .

Provisional Article 1- Credit card debts that are not paid due to the default of the debtor prior to the publication of this Law or are subject to execution proceedings or subject to execution proceedings are paid in twelve equal installments to the principal amount on the date of default not exceeding fifty percent of the year.

Any follow-up due to credit card debts shall cease with the payment of the first installment in accordance with the above provision and shall be void with all consequences upon payment of the last installment.

The provisions of this article shall be applied if the consumer applies to the lender in writing within thirty days from the date of publication of the Law.

Force

Article 33- This Law; Article 29 and Temporary Article 1 shall enter into force on the date of publication and other articles shall enter into force three months after the date of publication.

Executive

Article 34- The provisions of this Law shall be executed by the Council of Ministers.