LAW ON THE PROTECTION OF CONSUMER NO 4077, AMENDED BY LAW NO 4822
PURPOSE, SCOPE, DEFINITIONS
Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for damages, to protect them from environmental hazards in accordance with the public interest, to encourage consumers' self-protective initiatives and to organize voluntary organizations in the formation of policies in this regard. to regulate the issues related to encouraging.
Article 2- This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and service markets for the purposes specified in the first article.
Article 3 - In the implementation of this Law;
a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods subject to shopping, immovable properties for residence and vacation purposes and software, audio, video and similar intangible goods prepared for use in electronic environment,
d) Service: Any activity other than providing goods for a fee or benefit,
e) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
f) Seller: Real or legal persons, including public legal entities, that offer goods to consumers within the scope of their commercial or professional activities,
g) Provider: Real or legal persons, including public legal entities, that provide services to consumers within the scope of their commercial or professional activities,
h) Consumer transaction: Any legal transaction between the consumer and the seller-provider in the goods or service markets,
ı) Manufacturer-Manufacturer: Those who produce the goods or services offered to the consumer, including public legal entities, or the raw materials or intermediate goods of these goods or services, and those who put their distinctive sign, trademark or title on the goods and offer them for sale, ;
j) Importer: The natural or legal person who brings the goods or services offered to the consumer, including public legal entities, or the raw materials or intermediate goods of these goods or services from abroad, for sale,
k) Lender: Banks, private finance institutions and financing companies that are authorized to give cash loans to consumers in accordance with their legislation,
l) Advertiser: Real or legal entities that publish, distribute or otherwise display advertisements in which the company or the goods/service brand is prepared in order to promote the goods/services it produces or markets, to increase its sales, or to create and strengthen its image. person,
m) Advertiser: The commercial communication specialist real or legal person who prepares commercial advertisements and advertisements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser,
n) Media organization: The real or legal person who is the owner, operator or lessee of communication channels or all kinds of vehicles that deliver commercial advertisements or advertisements to the target audience,
o) Technical regulation: The relevant Ministry specifying one or more of the features of a product and service, including the relevant administrative provisions, processing and production methods, related terminology, symbols, packaging, marking, labeling and conformity assessment procedures All kinds of regulations that must be complied with, including the standards that have been published in the Official Gazette and put into force,
p) Consumer organizations: Refers to associations, foundations or their superior organizations established for the purpose of consumer protection.
CONSUMER PROTECTION AND LIGHTING
Item 4- Contrary to the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or its value in terms of allocation or use, or the value of the consumer from it. Goods that contain material, legal or economic deficiencies that reduce or eliminate the benefits expected are considered as defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the delivery date of the goods. In this case, the consumer has the right to withdraw from the contract, including the refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. The consumer, together with one of these optional rights, causes death and/or injury and/or use of the defective goods.It also has the right to demand compensation from the manufacturer-manufacturer in cases that cause damage to other goods at the moment.
Manufacturer-manufacturer, seller, dealer, agent, importer and creditor in accordance with the fifth paragraph of Article 10 are jointly responsible for the defective goods and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility.
If those held responsible for the defect with this article have not assumed responsibility for the defect for a longer period of time, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect has emerged later. This period is five years for residential and holiday immovable properties. Claims to be made due to all kinds of damages caused by the defective goods are subject to a three-year statute of limitations. These claims disappear after ten years, starting from the day the product causing the damage is put on the market. However, if the defect of the goods sold is concealed from the consumer by the seller's gross fault or fraud, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by the defective goods, the above provisions shall not apply to the goods purchased knowing that they are defective.
Defective goods to be sold are "handicapped" on the packaging or in a way that the consumer can easily read by the manufacturer or the seller. It is obligatory to put a label containing the phrase. It is not obligatory to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods cannot be placed on the market even with the label of "disabled". These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.
These provisions also apply to any consumer transaction regarding the sale of goods.
Article 4/A- Containing material, legal or economic deficiencies that are contrary to the quality or quantity that affects the quality determined in the advertisements and announcements notified by the Provider or in its standard or technical rule, or that reduce or eliminate its value in terms of the purpose of benefiting or the benefits expected from it by the consumer. services are considered defective services.
The consumer is obliged to notify the provider of this defect within thirty days from the date of performance of the service. In this case, the consumer has the right to withdraw from the contract, to see the service again or to reduce the price at the rate of the defect. If the termination of the contract by the consumer cannot be justified as a requirement of the situation, a discount from the price is sufficient. Along with one of these optional rights, the consumer may also request compensation within the framework of the conditions specified in Article 4. The provider is obliged to fulfill this request chosen by the consumer.
The provider, the dealer, the agency and the creditor according to the fifth paragraph 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 remove this responsibility.
If the warranty is not given for a longer period, the claims to be made due to the defective service are subject to a two-year statute of limitations from the performance of the service, even if the defect is discovered later. Claims to be made due to all kinds of damages caused by defective service are subject to a three-year statute of limitations. However, if the fault of the service provided is concealed from the consumer by gross negligence of the provider or fraudulent, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by the defective service, the above provisions shall not apply to the services obtained knowing that they are defective.
These provisions also apply to any consumer transaction regarding the provision of services.
Item 5- It is "sample" on it. or "not for sale" a property without a statement; The seller cannot avoid the sale of these goods if they are displayed in the showcase, shelf or any other clearly visible place of a commercial establishment.
It cannot be avoided without a justified reason in providing services.
Unless there is a custom, custom or custom to the contrary, the seller cannot make the sale of a good or service dependent on conditions such as the quantity, number or size determined by the good or service itself, or on the purchase of another good or service.
This provision also applies to contracts for the sale of other goods and services.
Unfair Terms in Contracts
Article 6- Seller andContractual terms that are unilaterally entered into the contract by the supplier without negotiating with the consumer, causing an imbalance against the consumer in the rights and obligations of the parties arising from the contract, contrary to the rule of goodwill, are unfair terms.
Unfair terms in all kinds of contracts formed by the consumer, one of the parties, are not binding for the consumer.
If a contract condition has been prepared in advance and has not been able to affect the consumer's content, especially because it is included in the standard contract, it is considered that that contract condition has not been negotiated with the consumer.
If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the negotiation of certain elements or an individual provision of a condition in this contract does not prevent the application of this article to the rest of the contract.
If a vendor or supplier claims that a standard requirement has been discussed individually, the burden of proof rests on it.
Consumer contracts stipulated to be written in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A shall be drawn up in at least twelve font size and bold black letters, and In the absence of one or more of the conditions that should be included in the contract, the deficiency does not affect the validity of the contract. This deficiency is immediately remedied by the seller or provider.
The Ministry determines the procedures and principles regarding the determination of unfair terms in standard contracts and ensuring that they are removed from the contract text.
Sales by Installments
Article 6/A- Sale in installments is the type of sale in which the sale price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.
Installation sales contract must be made in writing. The minimum conditions to be included in the contract are shown below:
a) Name, title, full addresses and access information, if any, of the consumer and the seller or supplier,
b) The cash sales price of the good or service in Turkish Lira including taxes,
c) Total selling price in Turkish Lira to be paid together with interest according to maturity,
d) The amount of interest, the annual rate at which the interest is calculated, and the default interest rate, provided that it does not exceed thirty percent of the interest rate determined in the contract,
e) Down payment amount,
f) Payment plan,
g) Legal consequences of the debtor's default.
The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer. If a negotiable bill is to be issued separately from the contract, this bill shall be issued separately for each installment payment and only in registered form. Otherwise, the bill of exchange is invalid.
In installment sales; The consumer has the right to prepay the total amount owed. The consumer can also make one or more installments, provided that it is not less than one installment amount. In both cases, the seller is obliged to make the necessary interest deduction according to the amount paid.
If the seller or the supplier reserves the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the seller or the supplier has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or the provider to exercise this right, they must give at least one week and give a warning of maturity.
Contract terms cannot be changed against the consumer in any way.
Article 6/B- Timeshare contracts are the transfer or commitment of the right to use one or more immovables for a period of at least three years, during a certain or determinable period of the year and not less than one week. It is a written contract or a group of contracts that includes a copy of which must be given to the consumer.
The Ministry determines the procedures and principles regarding timeshare agreements.
Article 6/C- Package tour contracts; are pre-arranged written contracts that are sold at an all-inclusive price or with a commitment to sell at least two of the transportation, accommodation and other touristic services that are not considered auxiliary, and the service covers a period of more than twenty-four hours or includes overnight accommodation, one copy of which must be given to the consumer. ;
The Ministry determines the procedures and principles regarding package tour contracts.
Article 7- Campaign sales, newspaper, radio, television advertisements and similar means are organized by announcing to the consumer.It is the sale made by accepting a participant in the campaigns and the delivery or performance of the good or service later.
Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales will be subject to permission, prepayment, installment amount, delivery time, manufacturer's guarantee, collateral to be deposited, and the procedures and principles to be followed in sales with campaigns.
In case the delivery or performance of the announced and promised goods or services is not done at all or properly, the seller, the supplier, the dealer, the agency, the manufacturer-manufacturer, the importer and the creditor in accordance with the fifth paragraph of Article 10 are jointly and severally liable.
After the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay the entire price paid by the consumer until that time, provided that the goods or services are not delivered to the consumer.
In addition to the information specified in the second paragraph of article 6/A, in the written contract to be arranged for sales with the campaign, the "campaign end date"; and "the date and manner of delivery or performance of the goods or services", a copy of the contract containing the information to the consumer.
Unless otherwise agreed in the contract, the prepayment amount cannot be more than forty percent of the sales price of the good or service.
The delivery period of the goods or the performance of the service cannot exceed twelve months in campaign sales. For residential and vacation immovable properties, this period is thirty months.
In the event that the consumer fulfills all his obligations regarding payment, the delivery of the goods or the performance of the service must be made within one month at the latest following the end of the payment.
Provisions of article 6/A are also applied for sales with campaign installments.
Door to Door Sales
Article 8- Door to door sales; are the sales made outside of sales places such as workplaces, fairs and fairs.
The Ministry determines the qualifications required for door-to-door sales, door-to-door sales that are subject to this Law or not, and the implementation procedures and principles regarding door-to-door sales.
In such sales; The consumer is free to accept the goods within seven days from the date of receipt or to refuse without giving any reason and without any obligation. In the sale of services, this period starts from the date of signing the contract. Before the expiry of this period, the seller or the provider cannot ask the consumer to make a payment under any name or to submit any document that puts him under debt in return for the goods or services subject to the door-to-door sale. The seller is obliged to take back the goods within twenty days from the moment the notification of withdrawal is received.
The consumer is not responsible for the changes and deteriorations that occur due to the habitual use of the goods.
The provisions of article 6/A for door-to-door sales made in installments and article 7 for sales through the door with campaigns are applied separately.
Liability of Seller and Provider in Door-to-door Sales
Article 9- In door-to-door sales contracts, in addition to the other elements required to be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the open address where the withdrawal notification will be made, and the following phrase written in at least sixteen points and bold black letters must be included:
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt or signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date the withdrawal notification reaches the seller/supplier.
The consumer signs the contract in which the rights he has are written and writes the date in his own handwriting. The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer.
Proof that a contract drawn up in accordance with the provisions of this article and that the goods have been delivered to the consumer belongs to the seller or the supplier. Otherwise, the consumer is not bound by the seven-day period to use the right of withdrawal.
Article 9/A- Distance contracts; These are the agreements made in written, visual, telephone and electronic media or using other communication tools and without confronting the consumers and in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.
Before the conclusion of the distance sales contract, it is obligatory to give the information to the consumer, the details of which will be determined by the communiqué to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. Confirmation of contracts made in electronic environment is also done in electronic environment.
The seller and the provider take thirty days from the moment the consumer's order reaches him.It performs its act in n. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing beforehand.
The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is free of defects.
Provisions regarding door-to-door sales are also applicable to distance contracts, except for the provisions that the consumer cannot be asked to make a payment under any name or to provide any document that puts him in debt in return for the goods or services subject to the contract during the right of withdrawal.
The seller or the supplier is obliged to return the price, valuable papers and any document that puts the consumer in debt due to this legal transaction within ten days from the date of receipt of the withdrawal notice, and to take back the goods within twenty days.
Article 10- Consumer loan is a loan that consumers receive in cash from the lender for the purpose of acquiring a good or service. The consumer loan agreement must be made in writing and a copy of this contract must be given to the consumer. The credit terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.
In the contract;
a) Consumer loan amount,
b) The total amount of debt, including interest and other factors,
c) The annual rate at which the interest is calculated,
d) Payment schedule where payment dates, principal, interest, funds and other expenses are specified separately,
e) Guarantees to be requested,
f) The default interest rate, not to exceed thirty percent of the contractual interest rate,
g) Legal consequences of the debtor's default,
h) Conditions for closing the loan before its maturity,
ı) In case the loan is extended in foreign currency, there are conditions regarding the exchange rate of which date will be taken into account when calculating the installments for repayment and the total loan amount.
If the creditor reserves the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the creditor has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments. However, in order for the creditor to exercise this right, he/she must give at least one week and give a warning of maturity. In cases where a personal guarantee is given as a guarantee for the consumer loan, the creditor cannot request the performance of the debt from the guarantor without applying to the main debtor.
The consumer may pay the total amount owed to the creditor in advance, or may also make one or more undue installments. In both cases, the lender is obliged to make the necessary interest and commission deductions according to the amount paid. The Ministry determines the procedures and principles of how much the required interest and commission deduction will be made according to the amount paid.
In case the creditor gives the consumer credit on the condition of purchasing a certain brand of goods or services or on the condition of a sales contract to be made with a certain seller or supplier, in case the goods or services sold are not delivered or performed at all or on time, the seller against the creditor consumer or jointly and severally liable with the provider.
It is forbidden for the creditor to bind the payments to a negotiable instrument or to secure the loan by accepting negotiable instruments. If a valuable paper is to be taken from the consumer despite this prohibition, the consumer has the right to demand this valuable paper back from the creditor. In addition, the creditor is obliged to compensate the consumer for the loss incurred due to the endorsement of the negotiable instruments.
Article 10/A- Loans converted into cash loans as a result of purchasing goods or services with a credit card or used by cash withdrawal with a credit card are also subject to the provisions of Article 10. However, the clauses (a), (b), (h) and (ı) of the second paragraph of Article 10 and the provisions of the fourth paragraph are not applicable to such loans.
Periodic account statements sent to the consumer by the creditor are in the form of the payment plan stipulated in subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount in the periodic account statement is not paid on time; The consumer cannot be held liable under any name other than the default interest in clause (f) of Article 10.
The lender has to notify the consumer of the interest increase thirty days in advance. The interest rate increased by the lender cannot be applied retrospectively. If the consumer pays all the debt and ceases to use the loan within sixty days at the latest from the notification date, he will not be affected by the interest increase.
In cases where the goods or services are purchased with a credit card, the selleror the provider cannot ask the consumer to make an additional payment under a commission or similar name.
Article 11- In cases where it is committed to provide a second product and/or service other than periodicals, by means of tickets, coupons, participation numbers, games, lotteries and similar means, regardless of purpose and form; No commitment or distribution of any goods or services can be made, except for cultural products such as books, magazines, encyclopedias, banners, flags, posters, verbal or visual magnetic tapes or optical discs, which are not contrary to the purposes of periodical publishing. If a campaign is organized for this purpose, the duration of the campaign cannot exceed sixty days. The consumer cannot be asked to cover a part of the cost of the goods or services that are the subject of the campaign.
Periodical broadcasting organization, in advertisements and announcements of the campaign, is obliged to announce the schedule of delivery and performance dates of the goods or services that are the subject of the campaign throughout Turkey, and to deliver and perform the goods or services that are the subject of the campaign within thirty days from the end of the campaign.
During the campaign, the sale price of the periodical cannot be increased due to the cost increase caused by the promised good or service as a second product. Commitment and distribution of the good or service subject to the campaign cannot be made by division, nor can the integral or complementary parts of this good or service be made a separate campaign subject. In the implementation of this Law, transactions regarding each good or service promised to be given as a secondary product are considered as an independent campaign.
Campaigns that are not organized by periodicals but are directly or indirectly associated with the periodical are also subject to these provisions.
Article 11/A- Consumers who are party to all kinds of subscription agreements may terminate their subscriptions unilaterally, provided that they notify the seller in writing of their requests.
The seller is obliged to fulfill the consumer's request to terminate the subscription within seven days at the latest from the date on which the written notification is received.
If the request to terminate the subscription of the periodical; It enters into force fifteen days for daily publications, one month for weekly publications, and three months for monthly publications from the date on which the written notification reaches the seller. For longer publications, it is put into effect after the first publication after the notification.
The seller is obliged to return the remainder of the subscription fee within fifteen days without any deduction.
Article 12- Putting a label containing the price, place of production and distinctive features, including all taxes related to the goods, on the goods or their packages or containers offered for retail sale in an easily visible and legible manner, in cases where it is not possible to put the label, it is appropriate to place the lists containing the same information. It is mandatory to hang it in places.
Lists showing the tariffs and prices of services are also arranged according to the first paragraph and posted.
In case of a difference between the price specified in the label, price and tariff lists and the price of the safe, sales are made over the price in favor of the consumer.
Price; It is forbidden to sell the 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 higher than this price.
The Ministry regulates the form, content, procedures and principles of labels and tariff lists with a regulation. Ministries and municipalities are separately responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.
Article 13- Manufacturers or importers are obliged to issue a guarantee certificate approved by the Ministry for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is completed and delivered to the consumer. 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 some goods may be determined by the Ministry in another unit of measurement.
Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, it is obliged to repair the goods without any charge under any other name such as labor cost, replacement part cost or any other name.
If the consumer has used his right to repair, he can use his other optional rights in article 4, in cases where the inability to benefit from the goods is permanent due to frequent malfunctions during the warranty period, or if the maximum time required for repair is exceeded or if it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, the dealer, the agentte, the manufacturer-manufacturer and the importer are jointly and severally liable.
Defects caused by the consumer's use of the product contrary to the terms in the user manual are out of the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining which industrial goods have to be sold with a warranty certificate and the maximum time required for the repair of the faults of these goods, by taking the opinion of the Turkish Standards Institute and making an announcement.
Introduction and User Guide
Article 14- It is obligatory to sell domestically produced or imported industrial goods with a Turkish guide on promotion, use, maintenance and simple repair and, if necessary, with labels containing international symbols and signs.
The Ministry is responsible for determining and posting which industrial goods have to be sold with a promotional and user manual and labels, and the minimum elements that must be included in these, taking the opinion of the Turkish Standards Institute.
After Sales Services
Article 15- Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, during the useful life of the goods determined and announced by the Ministry, by keeping sufficient technical personnel and spare parts stock. The amount of spare parts stock that manufacturers or importers should keep is determined by the Ministry.
In the event that the importer's commercial activities are terminated in any way, the new importer of that good has to offer maintenance and repair services during its lifetime.
The Ministry is responsible for determining and posting the principles and procedures regarding the establishment of service stations for which goods, and the establishment and operation of service stations, by taking the opinion of the Turkish Standards Institute.
In the event that an industrial product that has to be sold with a warranty certificate fails after the warranty period, it is obligatory to repair that product within the maximum repair period determined by the Ministry.
Commercial Advertisements and Posts
Article 16- It is essential that commercial advertisements and advertisements comply with the law, the principles determined by the Advertisement Board, general morality, public order, personal rights, be honest and correct.
Advertisements and advertisements that deceive and mislead the consumer or exploit their lack of experience and knowledge, endanger the safety of life and property of the consumer, encourage acts of violence and committing crimes, disrupt public health, exploit patients, the elderly, children and the disabled, and covert advertising cannot be done.
Comparative advertisements 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.
Article 17-To determine the principles to be followed in commercial advertisements and announcements, to examine commercial advertisements and announcements within the framework of these principles, and to suspend and/or suspend advertisements contrary to the provisions of Article 16 as a precaution for up to three months and/or with the same method according to the result of the examination. An Advertisement Board is established in charge of rectification and/or fines. Advertising Board decisions are implemented by the Ministry.
The Advertising Board determines the principles to be followed in commercial advertisements and announcements; In addition to country conditions, it also takes into account the universally accepted definitions and rules in the field of advertising.
The Board of Advertisement, chaired by the relevant General Manager to be appointed by the Minister;
a) A member to be appointed by the Ministry from among the relevant Deputy General Managers,
b) A member to be appointed by the Ministry of Justice from among the judges working in administrative duties in this Ministry,
c) A member specialized in advertising to be appointed by the Turkish Radio-Television Corporation,
d) A member to be chosen by the Council of Higher Education from among university lecturers 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) A lawyer member to be appointed by the Union of Turkish Bar Associations,
g) Four members to be appointed by the Union of Chambers and Commodity Exchanges of Turkey from different sectors,
h) A member to be elected by all journalists associations in Turkey from among themselves,
i) A member to be elected by the advertisers associations or, if any, their higher organizations,
j) A member to be elected by the Consumer Council from among the representatives of the consumer organizations participating in the Council or to be assigned by the higher organizations,
k) A member to be appointed by the Union of Chambers of Agriculture of Turkey,
l) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,
m) Turkish Standards InstituteA member from
n) A member from the Presidency of Religious Affairs,
o) A member from the Union of Chambers of Turkish Engineers and Architects,
p) A member of the trade union confederations,
r) A member of the civil servant union confederations,
s) A member to be appointed by the Union of Chambers of Certified Public Accountants and Certified Public Accountants of Turkey,
t) A member to be elected by Ankara, Istanbul and Izmir Metropolitan Municipalities from among themselves,
u) A member from the Turkish Pharmacists' Association,
v) It consists of twenty-five members, including one member from the Turkish Dental Association.
The term of office of the members of the Board is three years. Those whose term has expired can be reassigned or elected. If the memberships become vacant for any reason, assignments or elections are made within one month within the principles of the third paragraph.
The Board meets at least once a month or whenever needed, upon the call of the President.
The Board convenes with the presence of at least fourteen members, including the Chairman, and decides with the majority of those attending the meeting.
When deemed necessary, the Board may establish special expertise commissions to work on a permanent and temporary basis. The public personnel that the Board deems appropriate to serve in these commissions are appointed by the relevant public institutions.
The attendance fee to be paid to the members of the board and the members of the special specialization commission who are public officials, and the attendance fee to be paid to the members of the board who are not public officials are determined by the Ministry after obtaining the approval of the Ministry of Finance.
The secretariat services of the Board are carried out by the Ministry.
Advertising Board decisions are announced by the Board of Advertisement in order to inform and enlighten consumers and to protect their economic interests.
The duties, establishment, working procedures and principles of the Advertisement Board and how the secretariat services will be carried out are determined by a regulation to be issued by the Ministry.
Dangerous Goods and Services
Article 18- In case the goods and services offered to the use of the consumer may be harmful or dangerous to the personal, physical and mental health and the environment, explanatory information and warnings regarding this situation shall be placed on them or in the attached user manuals so that these goods can be used safely. or written.
The Ministry is responsible for determining which goods or services should carry explanatory information and warnings, and the form and location of these information and warnings, together with the relevant ministries and other institutions, and announcing them.
Article 19- Goods and services offered to the consumer; It should comply with the mandatory technical regulation, including the standards published in the Official Gazette by the relevant ministries.
Relevant ministries are responsible for making or having audits done in accordance with these principles. The procedures and principles regarding the inspection of goods and services are determined and announced separately by each relevant ministry.
Educating the Consumer
Article 20- The Ministry of National Education makes necessary additions to the curriculum of formal and non-formal education institutions on consumer education.
The procedures and principles regarding the organization of programs on radio and television in order to educate and raise awareness of the consumer are determined and announced by the Ministry upon the recommendation of the Consumer Council.
Article 21- Under the coordination of the Ministry, a "'' Consumer Council" installed.
Consumers Council, under the chairmanship of the Minister or a Ministry official to be appointed, the ministries of Justice, Internal Affairs, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, and the Undersecretariat of the State Planning Organization, Undersecretariat of Treasury, Foreign Trade. Undersecretariat of Turkish Patent Institute, Presidency of State Institute of Statistics, Presidency of Turkish Standards Institute, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Agency, National Productivity Center, Presidency of Religious Affairs, metropolitan municipalities, Representing provincial municipalities, the Union of Turkish Municipalities, labor unions confederations, civil servant unions confederations, Turkish Employers' Unions Confederation, Turkish National Cooperatives Union, Higher Education Board, Turkish Bar Associations, Turkish Certified Public AccountantUnion of Chambers of Certified Public Accountants and Certified Public Accountants, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists Association, Turkish Medical Association, Turkish Dental Association, Turkish Veterinary Medical Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Turkey It consists of the representatives of the Travel Agencies Association, the Hoteliers Association of Turkey, the Union of Chambers of Agriculture of Turkey, the Central Union of Consumption Cooperatives, the Ahilik Research and Culture Foundation and consumer organizations.
The number and qualifications of the representatives of the institutions and organizations that make up the Consumer Council, the minimum number of members that consumer organizations must have in order to participate in the Consumer Council and the number of representatives these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations can never 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 establishing at least one arbitration committee for consumer problems in provincial and district centers in order to find solutions to disputes arising from the implementation of this Law.
The arbitral tribunal for consumer problems, which is chaired by the Provincial Director of Industry and Commerce or an officer to be appointed; It consists of five members, including the president, one member to be appointed by the mayor from among the expert municipal personnel, one member to be appointed from among the members of the bar association, one member to be appointed by the chamber of commerce and industry and chambers of tradesmen and craftsmen, and a member to be elected by consumer organizations. The member to be appointed by the chamber of commerce and industry or by the chamber of commerce and the chambers of tradesmen and craftsmen in places where it is established separately is appointed by the relevant chamber, depending on whether the person forming the seller side of the dispute is a merchant or a tradesman and craftsman.
In provinces and districts where there is no provincial organization of the Ministry, the presidency of the arbitration committee for consumer problems is carried out by the highest civilian authority or an officer to be appointed. Where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the formation of the consumer problems arbitration committee cannot be ensured, the missing memberships are filled ex officio by the municipal councils.
At least one rapporteur is assigned to the arbitration committees for consumer issues to prepare the files that will form the basis for the work and decisions of the committee and to present the report on the dispute.
In disputes with a value of less than five hundred million liras, it is obligatory to apply to arbitration committees for consumer problems. In these conflicts, decisions made by the delegation obliges the sides. These decisions are carried out in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the writs. The parties may appeal to the consumer court against these decisions 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 suspend the execution of the arbitral tribunal's decision on consumer problems by injunction. The decision of the consumer court upon the objection made against the decisions of the arbitral tribunal on consumer problems is final.
Decisions of arbitration committees for consumer problems in disputes with a value of five hundred million TL and above can be put forward as evidence in consumer courts. The monetary limits on whether decisions will be binding or evidentiary increase at the rate of the annual average price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October of each year. This situation is announced by the Ministry in the Official Gazette in December every year.
25. All disputes and consumer problems are within the scope of the duties and authorities of the arbitration committees, except for the matters subject to penal sanctions in the article.
The principles and procedures regarding the payment of the attendance fee or the attendance fee given to the President and members of the Arbitration Committees for Consumer Problems and the rapporteurs are determined by the Ministry with the approval of the Ministry of Finance, provided that the amount to be paid in a month does not exceed the amount to be found by multiplying the 2000 indicator figure with the civil servant monthly coefficient.
The establishment of arbitration committees for consumer problems, working procedures and principles and other matters shall be regulated in a regulation to be issued by the Ministry.
PROVISIONS ON TRIAL AND PENALTY
Article 23- Any disputes that may arise regarding the implementation of this Law shall be dealt with in consumer courts. The jurisdiction of consumer courts is determined by the High Council of Judges and Prosecutors.
Consumers before consumer courts, consumer organizations and the Ministryk lawsuits are exempt from all kinds of fees and charges. Expertise fees in lawsuits to be filed by consumer organizations are covered by the Ministry from the special allowance recorded in accordance with Article 29. In the event that the case is concluded against the defendant, the expert fee is collected from the defendant in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Claims, and a special income is recorded in the budget in accordance with the principles set out in Article 29. Cases to be heard in consumer courts are carried out in accordance with the provisions of Chapter Seven, Chapter Four of the Code of Civil Procedure.
Consumer lawsuits can also be filed in the consumer's residence court.
Ministry and consumer organizations can file lawsuits in 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.
When necessary, consumer courts may decide to stop the violation as a precaution. Injunction decisions deemed appropriate by the Consumer Court are immediately announced by the Press Advertisement Agency in one of the newspapers published at the country level, and also in a local newspaper, if any, published in the place where the case was filed, to be taken from the party whose expense is later found wrong and to be recorded as special revenue to the budget in accordance with the principles set out in Article 29. ;
Consumer Court decisions for the elimination of the illegal situation are announced immediately with the same method, at the expense of the defendant.
Suspension of Production, Sales and Recall of Goods
Article 24- In case a serial product offered for sale is defective, the Ministry, consumers or consumer organizations may file a lawsuit to stop the production and sale of the defective batch product and to have it collected from those who hold it for sale.
If it is determined by a court decision that a series of goods offered for sale is defective, the sale of the goods is temporarily suspended. The manufacturer-manufacturer and/or importer company is warned in order to eliminate the defect of the goods within three months at the latest from the notification date of the court decision. If it is impossible to eliminate the defect of the goods, the goods are collected or made to be collected by the producer-manufacturer and/or the importer. The collected goods are partially or completely destroyed or made to be destroyed according to the risks they carry.
In the event that a series of goods offered for sale carries a defect that jeopardizes the safety of the consumer, the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are reserved.
Consumers who purchase defective goods reserve the right to sue for material and moral damages suffered.
4. In case a series of defective goods subject to the provisions of the sixth paragraph of the article are offered for sale, the provisions of this article shall not apply.
Goods That Look Different From What They Are
Producing, marketing, importing and exporting goods that look different from what they are and therefore put the health and safety of consumers at risk by mixing with food products by consumers is prohibited.
If the goods are put on the market, the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are applied.
Consumers who buy goods that look different than they are, reserve the right to sue for material and moral damages suffered.
Article 25-6. Pursuant to the seventh paragraph of the article, a fine of 50,000,000 Turkish Liras is imposed for each contract that is found to be in violation of the procedures and principles determined by the Ministry.
4. in the seventh paragraph of the article, in the 5th paragraph, in the sixth paragraph of the 6th article, in the 6/A article, in the procedures and principles determined by the Ministry in accordance with the 6/B, 6/C articles, in the fifth paragraph of the 7th article, in the 9th article, in the 9/A article, 10 A fine of 100,000,000 TL is imposed on those who violate the obligations set forth in Article 10/A, second and fourth paragraphs of Article 11/A, and the obligations set forth in Articles 12, 13, 14, 15 and 27.
7. A fine of 250,000,000 Turkish liras shall be imposed on those who violate the obligations set forth in the fourth and sixth paragraphs of the article and the 8th article.
20. In accordance with the second paragraph of the article, a fine of 500.000.000 Turkish Liras is imposed for violation of the procedures and principles determined and announced by the Ministry. If the violation is committed by radio and television broadcasting at the country level, ten times the penalty is applied.
18. A fine of 1,000,000,000 TL is imposed on the manufacturer-manufacturer and importer who violate the article, and one-fifth of this fine is imposed on the seller-supplier.
19. A fine of 2,000,000,000 TL is imposed on those who violate the first paragraph of the article.
A fine of 5,000,000,000 Turkish lira is imposed on those who violate Article 11. If the violation has occurred with a periodical broadcasting at the country level, twenty times the penalty will be applied. Ministry,also requests the periodical broadcasting organization to stop the campaign and all kinds of advertisements and advertisements related to the campaign. If the violation persists despite this request, a fine of 100,000,000,000 TL is imposed for each issue day from the date on which the obligation to stop the advertisement and announcement arises. The Ministry applies to the Consumer Court with a request to stop the campaign and all kinds of advertisements and announcements related to the campaign.
16. A precautionary stop and/or suspension and/or correction and/or a fine of 3,500,000,000 Turkish liras shall be imposed on those who violate the article. The Board of Advertisement may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 is realized through written, oral, visual and other means broadcasting at the country level, the fine is applied as ten times.
7. Those who violate the seventh and eighth paragraphs of the article are fined in proportion to the invoice price of the goods or services that are the subject of the campaign. If the organizer of the campaign returns the money when the consumer leaves the campaign, this penalty is not applied.
7. Those who violate the second paragraph of the article are given one week to organize campaigns 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 50.000.000.000 TL is imposed on those who violate this provision and those who violate the obligations set forth in Articles 24 and 24/A.
The fines specified in the above paragraphs are applied twice if the act is repeated within one year. Fines are increased at the beginning of each year in accordance with the provisions of additional article 2 of the Turkish Penal Code No. 765
If fines are stipulated in other laws for the acts written in this Law, the heavier penalty is applied.
Authority, Objection and Time Limit in Penalties
Article 26- Penalties in paragraphs one, four, seven, eight, nine and ten of article 25 are applied by the Ministry, and penalties in other paragraphs are imposed by the local authority.
All kinds of fines regulated in this Law are of an administrative nature. Against these penalties, an objection can be made to the competent administrative court within seven days at the latest from the date of notification. The objection does not stop the execution of the penalty imposed by the administration.
25. Fines imposed according to this article are collected in accordance with the provisions of the Law on Collection of Public Receivables.
The statute of limitations for the imposition of administrative fines regulated in this Law is one year. The statute of limitations begins on the date when the act contrary to the provisions of this Law is committed.
In case of continuous or repeated violations, the period starts from the day the violation ended or was last repeated. The fact that a judicial action has been taken against the decision breaks the statute of limitations for collection.
Penalties are notified to the professional organization of the relevant person within seven days by the authority authorized to impose the punishment.
Article 27- In the implementation of this Law, Ministry inspectors and controllers and personnel to be assigned by the Ministry and municipalities; They are authorized to conduct inspections, examinations and research in places such as factories, stores, shops, trades, warehouses, warehouses, where all kinds of goods are placed and/or sold or services are provided.
It is obligatory to present all kinds of information and documents correctly and to give original and certified copies to authorized and authorized persons and institutions in matters covered by this Law.
Article 28- Except for the analysis of drugs, preparations, cosmetics and foodstuffs, the Ministry may benefit from the laboratories established by official and private institutions for the implementation of this Law.
The tests and inspections of the samples taken during the inspections carried out by the Ministry can be carried out in official or private laboratory laboratories. Test and inspection fees are covered from the special allowance in article 29. In case the test and inspection results are contrary to the relevant standard or technical regulation, all related expenses are paid by the manufacturer or importer. These expenses are collected in accordance with the provisions of the Law No. 6183 on Collection of Public Receivables. The collected test and inspection fees are recorded as special revenue in the budget according to the principles set forth in article 29.
Article 29- Expenses related to the establishment and work of the Consumer Council, consumer problems arbitration committees and the Advertisement Board, financial aid to consumer associations and their superior organizations, expenses of the Ministry for the purpose of protecting the consumer, other expenditures and procedures and principles are upon the approval of the Ministry of Finance. In the additional payment to be made to the personnel in the amounts to be determined by the Ministry of Industry and Trade;
a) From the appropriation to be placed in the Ministry's budget,
b) The newly established anonymous andThe capital of all partnerships with limited liability company status and in case of a capital increase, one-thousandth of the remaining part is covered from the payments to be made.
Revenues specified in clause (b) are paid by the Central Bank of the Republic of Turkey or its correspondent T.C. It is collected in the account to be opened at Ziraat Bank. Sixty percent of the amounts collected in this account are transferred to the account of the Central Accounting Office of the Ministry of Industry and Trade, and forty percent to the account of the Competition Authority at the end of each month.
Amounts transferred to the account of the Central Accounting Office are recorded as budget-specific revenue on the one hand, and special appropriations by the Ministry of Finance, on the other hand, for existing or newly opened units in the budget of the Ministry of Industry and Trade.
Some of the amounts recorded as special appropriation in the budget of the Ministry; It is used to support projects that involve the activities of consumer associations independent of commercial, political and administrative organizations that have been operating for at least five years, and their superior organizations. From this account, no payments can be made under the name of attendance fee and salary to those who work in the management and audit boards of consumer associations and their superior organizations. Consumer associations that will benefit from this account and other criteria to be met by their superior organizations are regulated by a regulation to be prepared jointly by the Ministry of Industry and Trade and the Ministry of Finance.
The Minister of Finance is authorized to record the amounts not spent during the year from the amounts recorded as special appropriations, special income and special appropriations transferred to the next year's budget.
Article 30- General provisions apply in cases where there is no provision in this Law.
Regulations and Other Regulations
Article 31- The regulations envisaged in this Law shall be issued by the Ministry within one year following the publication of the Law, by taking the opinions of the relevant public institutions, professional higher organizations and consumer organizations. The Ministry is authorized to take the necessary measures and make regulations within the framework of the legislation regarding the implementation of this Law.
Article 32-3489 Law on Obligation to Sell without Negotiation, Law No. 632 on the Sale of Imported or Domestically Produced Vehicles, Engines, Machinery, Tools and Devices with Advertisement, No. 3003 on Control and Determination of Cost and Sales Prices of Industrial Products The law has been repealed.
Temporary Article 1- Credit card debts that are not paid due to the debtor's default before the publication of this Law or that are subject to enforcement proceedings, are paid in twelve equal installments by applying an annual default interest of not more than fifty percent to the principal on the date of default. < /p>
Any follow-up due to credit card debts ceases with the payment of the first installment in accordance with the above-mentioned provision, and ends with all its consequences once the last installment is paid.
The provisions of this article shall apply if the consumer makes a written application to the creditor within thirty days from the date of publication of the Law.
Article 33- This Law; Article 29 and provisional article 1 shall enter into force on the date of publication, and other articles three months after publication.
Article 34- The provisions of this Law are executed by the Council of Ministers.
REGULATION ON AMENDING THE REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS
ARTICLE 1 – The following subparagraph (j) has been added to Article 4 of the Regulation on Implementation Procedures and Principles of Distance Contracts published in the Official Gazette dated 13/6/2003 and numbered 25137:
"j) Permanent data carrier: Any tool that enables the consumer to record the information personally sent to him in a way that allows the examination of this information for a reasonable period of time in accordance with the purpose of this information and that allows access to the recorded information exactly,"
ARTICLE 2 – The first sentence of the first paragraph of Article 5 of the same Regulation has been changed as follows and the following paragraph has been added to the article. "Before the conclusion of the distance contract, the consumer is informed clearly, intelligibly and in accordance with the means of communication used, by giving the information form containing all of the following information." "In case of using verbal communication tools, it is also obligatory for the seller or supplier to clearly inform the consumer at the beginning of each conversation, about the identity and commercial purpose of the conversation."
ARTICLE 3 – Article 6 of the same Regulation has been amended as follows.
"ARTICLE 6 – The information form specified in Article 5 of this Regulation must be given to the consumer before the conclusion of the contract. Unless the consumer confirms in writing that he has obtained this information, the contractcannot be signed. Confirmation of contracts made in electronic environment is also done in electronic environment. The seller or the supplier has to deliver the information form to the consumer in writing before the contractual goods reach the consumer for the goods, and at the latest before the execution of the contract for the services, and with another continuous data carrier that can be used by the consumer or continuously accessible for the contracts made in the electronic environment."
ARTICLE 4 – The first paragraph of Article 7 of the same Regulation has been amended as follows: "The distance contract must be given to the consumer with another continuous data carrier that can be used or permanently accessible by the consumer."
ARTICLE 5 – The fifth paragraph of Article 8 of the same Regulation has been amended as follows. "In case the seller or supplier fails to fulfill their obligations set forth in Article 6 or 7, the seller or supplier shall correct the deficiency within thirty days at the latest. In this case, the seven-day period starts from the date when the information regarding the elimination of the said defect is delivered to the consumer in writing. Otherwise, the consumer is not bound by the seven-day period to use the right of withdrawal."
ARTICLE 6 – The third paragraph of Article 9 of the same Regulation has been changed as follows.
"The seller or the supplier is obliged to give the information in the 5th article and the contract in the 7th article to the consumer before the delivery or performance of the goods or services that are the subject of the distance contract to the consumer and to obtain the confirmation of the preliminary information within the obligations specified in the 6th article. In case of dispute, the burden of proof lies with the seller or supplier."
ARTICLE 7 – This Regulation enters into force on the date of its publication.
ARTICLE 8 – The provisions of this Regulation are executed by the Minister of Industry and Trade.
NEW APPLICATION IN ACCORDANCE WITH THE GENERAL COMMUNIQUE OF TAX PROCEDURE LAW NO. 385 IN RETURN PRODUCTS
If you are not a taxpayer; When returning the product you have purchased, you must fill in the information in the relevant return section of the invoice of our company, sign it, and send it back to us together with the product. Otherwise, your refund will not be completed.
General Return Conditions:
Returns must be made with the original box or packaging.
The return of products whose original box/packaging is damaged (For example, products with a shipping label attached on the original box and taped with a cargo parcel tape are not accepted.), products that have lost their resaleability and cannot be purchased by another customer are not accepted. < /p>
You must send a petition including the original invoice (all copies you have) and the reason for the return, along with the product you want to return.
If the product/products you want to return are defective, the shipping fee is covered by our company. In this case, you have to send with YURTİÇİ KARGO together with the notification form you filled out on our site. In other cases, the shipping fee belongs to you.
For products that may have incompatibility problems in product selection, you should definitely order by receiving technical support for compatibility. When the original packaging of this type of product is opened, it is not possible to return it. (For example, memory cards, computer hardware and software products)
Return Policy for Special Products:
On phone refund;
The protection tape on the product screen should not be removed. There should be no scratches, damage, etc. on the screen and other parts of the phone.
All standard accessories should be sent undamaged and in their original packaging.
For the return of other products;
Products that cannot be returned due to their nature (Products that may pose a health hazard after opening, except in cases where the product is defective or defective. For example, during use
Products that require one-to-one contact with the body, in-ear or over-the-ear headphones, etc.), disposable products, reproducible software and programs, and products that deteriorate rapidly or have expired cannot be returned.
The following products can be returned, the product packaging is unopened and intact;
on the condition that the product has not been used.
All kinds of software and programs
DVD, VCD, CD and cassettes
Computer and stationery consumables (toner, cartridge, ribbon, etc.)
All kinds of cosmetics
All kinds of underwear products
About Dead Pixel:
In case of dead pixels on the LCD monitor, TV or Notebook products you have purchased from our site, an evaluation will be made within the framework of international standards.
A technology based on pixel structure is used in LCD Panel production. Due to the nature of this technology, “bright spot” on the LCD Panel during the production phase; (Bright Dot) or dark/black dot (Dark Dot) may occur. Monitor manufacturers, these points formed during production are below a certain number and the distance between the points is below a certain value and unless otherwise stated, "normal product"; (non-defective product).
The incoming product is firstly "Returned". department of the product, if necessary, it is sent to the authorized service of the product or to the supplier company for testing. If the above conditions are met, the return process is started.
When the return is approved, it will be sent to your e-mail address in our system as a payment coupon for the product price. When you receive this e-mail message, "My Account" on our site; "My Payment Coupons" on the page You can activate your receipt, which is sent to you as two options in the section, by ticking one of the options for gift voucher or money back. If you request a refund, the system automatically reflects the refund price on the day you reject your coupon, to your credit card if your order was made with a credit card, and to your bank account, which you will fill in if it was created by wire transfer.