Consumer Law

Consumer Law

AS AMENDED BY LAW NO. 4822, NO. 4077
LAW ON CONSUMER PROTECTION



PART ONE
Purpose, Scope, Definitions

Aim
Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer in accordance with the public interest, to enlighten, to educate, to compensate for their losses, to protect them from environmental hazards, and to encourage consumers' self-protective initiatives and to encourage voluntary organizations in the formulation of policies on this subject. to regulate matters.

Scope
Article 2- This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and services markets for the purposes specified in the first article.

Definitions
Article 3 - In the application of this Law;

a) Ministry: Ministry of Industry and Trade,

b) Minister: Minister of Industry and Trade,

c) Goods: Movable goods subject to purchase and sale, immovable goods for housing and holiday purposes, and software, sound, images and similar intangible goods prepared for use in electronic environment,

d) Service: Any activity other than providing goods in return for a fee or benefit,

e) Consumer: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

f) Seller: Real or legal entities that offer goods to consumers within the scope of their commercial or professional activities, including public legal entities,

g) Provider: Real or legal entities that provide services to consumers within the scope of their commercial or professional activities, including public legal entities,

h) Consumer transaction: Any legal transaction made between the consumer and the seller-provider in the goods or service markets,

i) Manufacturer-Producer: Those who produce the goods or services offered to the consumer or the raw materials or intermediate goods of these goods or services, including public legal entities, and those who offer them for sale by placing their own distinctive sign, trademark or title on the goods,

j) Importer: A natural or legal person, including public legal entities, who offers for sale the goods or services offered to the consumer, or the raw materials or intermediate goods of these goods or services, by bringing them from abroad,

k) Lender: Banks, private finance institutions and financing companies that are authorized to provide cash loans to consumers in accordance with their legislation,

l) Advertiser: A natural or legal person who publishes, distributes or otherwise exhibits advertisements containing his company or his brand of goods/services, prepared for the purpose of promoting the goods/services he produces or markets, increasing sales or creating and strengthening his image,

m) Advertiser: Real or legal person who is a commercial communication expert who prepares commercial advertisements and announcements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser,

n) Media organization: Natural or legal person who is the owner, operator or renter of the communication channels or any means that deliver the commercial advertisement or announcement to the target audience,

o) Technical regulation: It is published in the Official Gazette by the relevant Ministry stating one or more of the features, processing and production methods of a product and service, including the relevant administrative provisions, and related terminology, symbols, packaging, marking, labeling and conformity assessment procedures. All kinds of regulations that must be complied with, including the standards that are published and put into compulsory practice,

p) Consumer organizations: Refers to associations, foundations or their parent organizations established for the protection of consumers.



PART TWO
Consumer Protection and Disclosure



defective goods

Article 4- Contrary to the quality or quantity that is stated in its packaging, label, introduction and user manual or advertisements and announcements, or declared by the seller, or determined in its standard or technical regulation, or that reduces its value in terms of allocation or purpose of use or the benefits that the consumer expects from it. Goods containing material, legal or economic deficiencies that eliminate or eliminate them are considered defective goods.

The consumer is obliged to report the defect to the seller within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, which includes a refund, to replace the product with a defect-free product, or to request a price reduction or free repair in proportion to the defect. The seller is obliged to fulfill this request of the consumer. In addition to one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or causes damage to other goods in use.

The manufacturer-producer, seller, dealer, agent, importer and the creditor according to the fifth paragraph of Article 10 are jointly liable for the defective goods and the consumer's optional rights stated 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 eliminate this responsibility.

If those who are held responsible for the defect by this article have not assumed responsibility for the defect for a longer period of time, liability for 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 appeared later. This period is five years for residential and holiday real estate. Claims due to any damages caused by defective goods are subject to a three-year statute of limitations. These demands disappear after ten years, starting from the day the product that caused the damage was put on the market. However, if the defect of the goods sold is hidden from the consumer by the seller's gross negligence or fraud, the limitation period cannot be used.

Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.

It is mandatory for the manufacturer or seller to place a label containing the phrase "disabled" on the defective goods to be sold or on its packaging, in a way that the consumer can easily read. There is no obligation to place this label in places where only defective goods are sold or where a section, such as a floor or a section, is permanently allocated to the sale of defective goods in a way that the consumer can know. The fact that the product is defective is shown 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 Law No. 4703 on the Preparation and Implementation of Technical Legislation Concerning Products apply to these products.

These provisions also apply to any consumer transaction regarding the sale of goods.


defective service

Article 4/A- Services that are contrary to the quality or quantity affecting the quality determined in the advertisements and announcements or standards or technical rules notified by the Provider, or that contain material, legal or economic deficiencies that reduce or eliminate its value in terms of its intended use or the benefits that the consumer expects from it, are defective. is considered a service.

The consumer is obliged to report this defect to the provider within thirty days from the date of service. In this case, the consumer has the right to withdraw from the contract, have the service reinstated, or have the price reduced in proportion to the defect. If the consumer's termination of the contract cannot be justified due to the nature 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, dealer, 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 eliminate this responsibility.

If no warranty is given for a longer period, claims due to defective service are subject to a two-year statute of limitations from the performance of the service, even if the defect occurs later. Claims due to any damages caused by defective service are subject to a three-year statute of limitations. However, if the fault in the service provided is hidden from the consumer by the provider's gross negligence or fraud, the statute of limitations cannot be used.

Except for the provisions regarding liability for damages caused by defective service, the above provisions do not apply to services obtained knowing that they are defective.

These provisions also apply to any consumer transactions related to the provision of services.

Avoid selling

Article 5- A good that does not have the words "sample" or "not for sale" on it; The seller cannot refrain from selling these goods if they are displayed in the showcase, shelf or any other clearly visible place of a commercial establishment.

It is unavoidable to provide services without a justifiable reason.

Unless there is a custom, commercial custom or tradition to the contrary, the seller cannot make the sale of a good or service conditional on conditions such as the quantity, number or size of that good or service determined by him, or on the purchase of another good or service.

This provision also applies to other goods sales and service provision contracts.



Unfair terms in contracts

Article 6- Contract terms that are unilaterally put into the contract by the seller or provider without negotiating with the consumer and that cause an imbalance in the contractual rights and obligations of the parties to the detriment of the consumer, contrary to the rule of good faith, are unfair terms.

Unfair terms in any contract where one of the parties is the consumer are not binding on the consumer.

If a contractual term has been prepared in advance and has not affected the consumer content, especially since it is included in the standard contract, it is considered that that contractual term has not been negotiated with the consumer.

If, from the evaluation of the contract as a whole, it is concluded that it is a standard contract, the fact that certain elements or an individual provision of a condition in this contract has been negotiated does not prevent the application of this article to the remaining part of the contract.

If a seller or supplier alleges that a standard term has been individually disputed, the burden of proof lies on him/her.

Consumer contracts stipulated to be drawn up in writing 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 shall contain the terms and conditions required to be included in the contract. If one or more of them are missing, the deficiency does not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.

The Ministry determines the procedures and principles regarding the detection of unfair terms in standard contracts and their removal from the contract text.



installment sales

Article 6/A - Sale in installments is a type of sale in which the sales 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.

It is mandatory that the installment sales contract be made in writing. The minimum conditions that must be included in the contract are shown below:

a) Name, title, full addresses and, if any, access information of the consumer and the seller or provider,

b) Cash sales price of the goods or services in Turkish Lira, including taxes,

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

d) The amount of interest, the annual rate at which the interest is calculated, and the default interest rate, not exceeding thirty percent more than 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 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 negotiable instrument is to be issued separately from the contract, this promissory note 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 pay the total amount owed in advance. The consumer can also pay in one or more installments, provided that they are not less than the amount of one installment. In both cases, the seller is obliged to make the necessary interest deduction based on the amount paid.

If the seller or supplier has reserved the right to demand the performance of the entire remaining debt in case one or more of the installments are not paid, this right; It can only be used if the seller or provider has fulfilled all its obligations and the consumer defaults 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 supplier to exercise this right, they must give at least a week's notice of maturity.

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



timeshare

Article 6/B- Time share contracts are agreements made for a period of at least three years and which include the transfer or commitment to transfer the right to use one or more immovable properties for a certain or determinable period within the year and not less than one week. It is a written contract or group of contracts, a copy of which must be given to the consumer.

The Ministry determines the procedures and principles regarding time share contracts.



package tour

Article 6/C- Package tour contracts; These are pre-arranged written contracts that are sold or promised to sell transportation, accommodation and other touristic services that are not considered auxiliary, at an all-inclusive price, and whose service covers a period of more than twenty-four hours or includes overnight accommodation, a copy of which must be given to the consumer.

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



Campaign sales

Article 7- Campaign sales are sales made by accepting the consumer as a participant in campaigns organized by announcing them to the consumer through newspapers, radio, television advertisements and similar means, and by delivering or performing the goods or services later.

Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales will be subject to permission, down payment, installment amount, delivery time, manufacturer's warranty, deposit to be made, and the procedures and principles to be followed in campaign sales.

In case the delivery or performance of the announced and promised goods or services is not made at all or as required, the seller, supplier, dealer, agency, manufacturer-producer, importer and the creditor according to the fifth paragraph of Article 10 are jointly 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 up to that point, provided that it does not exceed the delivery date of the goods or services to the consumer.

In the written contract to be drawn up in campaign sales, the organizer of the campaign must give the consumer a copy of the contract that includes information regarding the "campaign end date" and "date and manner of delivery or fulfillment of the goods or services" in addition to the information specified in the second paragraph of Article 6/A.

Unless otherwise agreed in the contract, the prepayment amount cannot be more than forty percent of the sales price of the goods or services.

In campaign sales, the delivery period of the goods or performance of the service cannot exceed twelve months. For residential and holiday real estate, this period is thirty months.

If the consumer fulfills all his/her 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.

The provisions of Article 6/A also apply to sales in promotional installments.



door to door sales

Article 8- Door to door sales; These are sales made outside sales venues such as workplaces, fairs and fairs.

The Ministry determines the qualifications required for door-to-door sales, door-to-door sales that are and are not subject to this Law, and the implementation procedures and principles regarding door-to-door sales.

In this type of sales; The consumer is free to accept the goods within seven days from the date of receipt or to reject them without giving any reason and without any liability. In the sale of services, this period starts from the date the contract is signed. Before this period expires, the seller or provider cannot ask the consumer to make payment under any name or to provide any document that puts him in debt in exchange for the goods or services subject to door sales. The seller is obliged to take back the goods within twenty days from the moment the notice of withdrawal is received.

The consumer is not responsible for any changes or deteriorations that occur due to ordinary use of the goods.

The provisions of Article 6/A apply to door-to-door sales made in installments, and the provisions of Article 7 also apply to door-to-door sales with campaigns.



Liability of the seller and the supplier in door-to-door sales

Article 9- In door-to-door sales contracts, in addition to other elements that must be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the full address to which the withdrawal notification will be made, and the following statement written in at least sixteen font size and bold black letters must be included:

The consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt or the date of signing of the contract, without assuming any legal or criminal liability and without giving any justification, and we undertake to take back the goods from the date on which the notice of withdrawal reaches the seller/supplier.

The consumer signs the contract, which includes his rights, and writes the date in his own handwriting. The seller or 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.

It is the responsibility of the seller or supplier to prove that a contract drawn up in accordance with the provisions of this article and that the goods have been delivered to the consumer. Otherwise, the consumer is not bound by the seven-day period to exercise his right of withdrawal.



Distance contracts

Article 9/A- Distance contracts; These are contracts made in written, visual, telephone and electronic media or using other means of communication, without any confrontation with 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 a distance sales contract, it is mandatory to provide the consumer with information, the details of which will be determined by the communiqué to be issued by the Ministry. A contract cannot be concluded unless the consumer confirms in writing that he/she has obtained this information. In contracts made electronically, the confirmation process is also done electronically.

The seller and the provider fulfill their obligations within thirty days from the moment the consumer's order is received. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing in advance.

The seller or provider is obliged to prove that the delivery of intangible goods or services delivered to the consumer electronically was made without defects.

Except for the provisions stating that during the right of withdrawal, the consumer cannot be asked to make payment under any name or to provide any document that will incur debt in return for the goods or services subject to the contract, the provisions regarding door-to-door sales are also applicable to distance contracts.

The seller or supplier is obliged to return the price received, negotiable instruments and any documents that put the consumer in debt due to this legal transaction within ten days from the date of receipt of the notice of withdrawal and to take back the goods within twenty days.



consumer credit

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

In the contract;

a) Consumer loan amount,

b) Total debt amount including interest and other elements,

c) The annual rate at which interest is calculated,

d) Payment plan in which payment dates, principal, interest, funds and other expenses are stated separately,

e) Guarantees to be requested,

f) Default interest rate not to exceed thirty percent more than the contractual interest rate,

g) Legal consequences of the debtor's default,

h) Conditions for closing the loan before its maturity,

i) If the loan is extended in foreign currency, the conditions regarding the date on which the exchange rate will be taken into account in calculating the repayment installments and the total loan amount,

takes place.

If the lender has reserved the right to demand performance of the entire 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 defaults in paying at least two consecutive installments. However, in order for the lender to exercise this right, it must give at least a week's notice of maturity. In cases where a personal guarantee is given as security for a consumer loan, the lender cannot request the performance of the debt from the guarantor without applying to the principal debtor.

The consumer can pay the total amount owed to the lender in advance, or he can also pay one or more installments that are not due. In both cases, the lender is obliged to make the necessary interest and commission deductions based on the amount paid. The Ministry determines the procedures and principles at what rate the necessary interest and commission deduction will be made according to the amount paid.

If 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 provider, the creditor will be liable to the consumer against the seller or supplier if the sold goods or services are not delivered or performed at all or on time. shall be jointly and severally liable.

The lender is prohibited from tying the payments to a negotiable instrument or securing the loan by accepting negotiable instruments. If a negotiable instrument is taken from the consumer despite this prohibition, the consumer has the right to request this negotiable instrument back from the lender. In addition, the lender is obliged to compensate the consumer for the damage suffered due to the endorsement of the negotiable instruments.



credit cards

Article 10/A- Loans converted into cash loans as a result of purchasing goods or services with a credit card or used by withdrawing cash with a credit card are also subject to the provisions of Article 10. However, subparagraphs (a), (b), (h) and (i) of the second paragraph of Article 10 and the provisions of the fourth paragraph shall not apply to such loans.

Periodic account statements sent to the consumer by the lender have the force of the payment plan stipulated in subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount stated in the periodic account statement is not paid by the due date; The consumer cannot be held liable under any name other than the delay interest in paragraph (f) of Article 10.

The lender must notify the consumer of the interest rate increase thirty days in advance. The interest rate increased by the lender cannot be applied retroactively. The consumer will not be affected by the interest increase if he pays the entire debt and stops using credit within sixty days from the date of notification.

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



Periodicals

Article 11- In cases where it is undertaken to provide a second product and/or service other than a periodical, organized by periodical broadcasting organizations, for whatever purpose and in any way, through tickets, coupons, participation numbers, games, raffles and similar means; No goods or services can be committed or distributed except for cultural products that are not contrary to the purposes of periodical publishing, such as books, magazines, encyclopedias, banners, flags, posters, verbal or visual magnetic tapes or optical discs. If a campaign is organized for this purpose, the campaign period cannot exceed sixty days. The consumer cannot be asked to cover a portion of the price of the goods or services subject to the campaign.

In its advertisements and announcements regarding the campaign, the periodical publishing company is obliged to announce the program regarding the delivery and performance dates of the goods or services subject to the campaign throughout Turkey and to carry out the delivery and execution of the goods or services subject to the campaign within thirty days from the end of the campaign.

During the campaign, the sales price of the periodical cannot be increased due to the cost increase caused by the goods or services promised to be delivered as a second product. The commitment and distribution of the goods or services subject to the campaign cannot be divided, nor can the integral or complementary parts of this good or service be made a separate campaign subject. In the application of this Law, transactions regarding each good or service promised to be delivered as a second product are considered as an independent campaign.

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



Subscription agreements

Article 11/A- Consumers who are parties to all kinds of subscription agreements may terminate their subscriptions unilaterally, provided that they notify the seller of their wishes in writing.

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

The request to terminate the periodical publication subscription; It enters into force fifteen days after the written notification reaches the seller, one month for weekly publications, and three months for monthly publications. For longer-term publications, it will come into force following the first publication after the notification.

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



Price tag

Article 12- It is mandatory to place a label containing the price, place of production and distinctive features, including all taxes related to that good, in an easily visible and legible manner on the goods or their packages or containers offered for retail sale. In cases where it is not possible to put a label, lists containing the same information must be hung in suitable places so that they can be seen. .

Lists showing the tariffs and prices of the services are also arranged and hung in accordance with the first paragraph.

If there is a difference between the price stated on the label, price and tariff lists and the cash price, the sale is made at the price in favor of the consumer.

Price; It is prohibited to offer goods or services for sale at a price higher than this determined price, as determined by the Council of Ministers, public institutions and organizations or professional organizations that are public institutions.

The Ministry regulates the form, content, procedures and principles of labels and tariff lists with a regulation. The ministries and municipalities are individually responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.



warranty certificate

Article 13- Manufacturers or importers are obliged to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility of completing the warranty certificate containing the date and number of the invoice for the product and giving it to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.

Sales person; If the goods covered by the warranty certificate fail within the warranty period, the company is obliged to repair the goods without demanding any labor costs, replacement part cost or any other fee.

If the consumer has exercised his right to repair, he may use his other optional rights in Article 4 in cases where the inability to benefit from the product continues due to frequent malfunctions within the warranty period, or the maximum time required for repair is exceeded, or if it is understood that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are jointly responsible.

Malfunctions caused by the consumer's use of the product contrary to the instructions in the user manual are outside the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum time required for the repair of defects in these goods, by taking the opinion of the Turkish Standards Institute.



Introduction and user guide

Article 14- Industrial goods produced domestically or imported must be sold with a Turkish guide regarding promotion, use, maintenance and simple repair and, when necessary, with a label containing international symbols and signs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with an identification and user manual and label, and the minimum elements that must be included in them, by 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, by keeping sufficient technical personnel and spare parts stock during the useful life of that good determined and announced by the Ministry.

The amount of spare parts stock that manufacturers or importers must keep is determined by the Ministry.

If the importer's commercial activities are terminated in any way, the new importer of that good must provide maintenance and repair services during its lifetime.

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

If an industrial product that must be sold with a warranty certificate malfunctions after the warranty period, it is mandatory to repair that product within the maximum repair period determined by the Ministry.



Commercial advertisements and notices

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

Advertisements, announcements, and covert advertising that are deceptive to the consumer, misleading or exploiting their lack of experience and knowledge, endangering the safety of the consumer's life and property, encouraging acts of violence and crime, harming public health, exploiting the sick, the elderly, children and the disabled cannot be made.

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

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

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



advertising board

Article 17 - To determine the principles that must be followed in commercial advertisements and announcements, to examine commercial advertisements and announcements within the framework of these principles, and according to the results of the examination, to preventively suspend and/or suspend advertisements and announcements that are contrary to the provisions of Article 16 for up to three months and/or to correct them with the same method and/or or an Advertising Board responsible for imposing fines is established. 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 universally accepted definitions and rules in the field of advertising.

Advertisement Board, chaired by the relevant General Manager appointed by the Minister;

a) One member to be appointed by the Ministry from among the relevant Deputy General Managers,

b) One 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 and Television Corporation,

d) One member to be selected by the Council of Higher Education from among university faculty members who are experts in the field of advertising,

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

f) One lawyer member appointed by the Union of Turkish Bar Associations,

g) Four members to be appointed by the Union of Chambers and Commodity Exchanges of Türkiye from different sectors,

h) One member to be chosen from among all journalists' associations in Turkey,

i) One member to be elected by the advertisers' associations or their parent organizations, if any,

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

k) One member to be appointed by the Union of Turkish Chambers of Agriculture,

l) One member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,

m) One member from the Turkish Standards Institute,

n) One member from the Presidency of Religious Affairs,

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

p) One member of the labor union confederations,

r) One member from the civil servant union confederations,

s) One member to be appointed by the Union of Chambers of Independent Accountants and Certified Public Accountants of Turkey,

t) One member to be elected by Ankara, Istanbul and Izmir Metropolitan Municipalities from among themselves,

u) One member from the Turkish Pharmacists Association,

v) One member from the Turkish Dental Association,

It consists of twenty-five members.

The term of office of the board members is three years. Those whose terms have expired may be reappointed or elected. If memberships become vacant for any reason, appointments or elections are made for the vacant positions within one month, in accordance with 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 meets with the presence of at least fourteen members, including the President, and makes decisions by the majority of those attending the meeting.

The Board may establish special expertise commissions to serve permanently and temporarily when deemed necessary. 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 board members and special expertise commission members who are public officials and the attendance fee to be paid to board members who are not public officials are determined by the Ministry, with 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 Advertising Board Presidency in order to inform and enlighten consumers and protect their economic interests.

The duties of the Advertising Board, its establishment, working procedures and principles, 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- If the goods and services offered to the consumer may be harmful or dangerous to the person's physical and mental health or the environment, explanatory information and warnings regarding this situation are placed or written on the goods or in the attached user manuals in a way that can be clearly seen and read, so that they can be used safely.

The Ministry is responsible for determining and announcing which goods or services should carry explanatory information and warnings, and the form and location of this information and warnings, together with the relevant ministries and other organizations.



goods and

Article 19- Goods and services offered to the consumer; It must comply with the technical regulations that must be followed, including the standards that are published in the Official Gazette by the relevant ministries and put into compulsory practice.

Relevant ministries are responsible for conducting or having audits carried out according to these principles. Procedures and principles regarding goods and services inspection are determined and announced separately by each relevant ministry.



Consumer education

Article 20- Necessary additions are made to the curriculum of formal and non-formal education institutions regarding consumer education by the Ministry of National Education.

The procedures and principles regarding the organization of programs on radio and television to educate and raise consumer awareness are determined and announced by the Ministry upon the recommendation of the Consumer Council.



PART THREE

Consumer Organizations



consumer council

Article 21- A "Consumer Council" is established under the coordination of the Ministry, in order to investigate the necessary measures to protect the problems, needs and interests of the consumer, and to convey the opinions on the measures to be taken to solve the problems in line with universal consumer rights and the measures for the implementation of this Law, to be addressed primarily by the relevant authorities. .

The Consumer Council is chaired by the Minister or a Ministry official to be appointed by the ministries of Justice, Internal Affairs, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, as well as the Undersecretariat of State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Turkish Representing the Presidency of the Patent Institute, the Presidency of the State Statistics Institute, the Presidency of the Turkish Standards Institute, the Competition Authority, the Radio and Television Supreme Council, the Energy Market Regulatory Authority, the Telecommunications Agency, the Turkish Accreditation Agency, the National Productivity Center, the Presidency of Religious Affairs, metropolitan municipalities, and provincial municipalities. Union of Turkish Municipalities, confederations of labor unions, confederations of civil servant unions, Confederation of Turkish Employers' Unions, Union of National Cooperatives of Turkey, Council of Higher Education, Union of Turkish Bar Associations, Union of Chambers of Turkish Independent Accountants and Certified Public Accountants, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists. Union, Turkish Medical Association, Turkish Dental Association, Turkish Veterinary Association, Confederation of Turkish Tradesmen and Craftsmen, Turkish Union of Chambers and Commodity Exchanges, Turkish Banks Association, Turkish Travel Agencies Association, Turkish Hoteliers Association, Turkish Chambers of Agriculture Association, Central Union of Consumption Cooperatives, It consists of representatives of 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 that these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations cannot under any circumstances 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 are regulated by a regulation to be issued by the Ministry.



Consumer issues arbitration committee

Article 22- The Ministry is responsible for establishing at least one consumer issues arbitration committee in provincial and district centers in order to find solutions to disputes arising from the implementation of this Law.

Consumer issues arbitration committee chaired by the Provincial Director of Industry and Commerce or an officer appointed by him; It consists of five members, including the chairman, one member appointed by the mayor from among the municipal personnel who are experts on the subject, one member appointed from among the members of the bar association, one member appointed by the chamber of commerce and industry and the chambers of tradesmen and craftsmen, and one member appointed by the consumer organizations. The member appointed by the chamber of commerce and industry or, where they are established separately, by the chamber of commerce and the chambers of tradesmen and craftsmen, is appointed by the relevant chamber, depending on whether the person who constitutes the seller of the dispute is a merchant or a tradesman or craftsman.

In provinces and districts where there is no provincial organization of the Ministry, the chairmanship of the arbitration committee on consumer issues is carried out by the highest civil servant or an officer appointed by him. In places where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the formation of a consumer issues arbitration committee cannot be ensured, the missing memberships are filled ex officio by the municipal councils.

In consumer issues arbitration committees, at least one rapporteur is assigned to prepare the files that will be the basis for the committee's work and decisions and to present the report regarding the dispute.

In disputes with a value below five hundred million liras, it is mandatory to apply to arbitration committees for consumer issues. 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 regarding the execution of decisions. The parties may object to 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, provided that it is requested, the judge may suspend the execution of the decision of the arbitral tribunal on consumer issues by injunction. The decision of the consumer court on objections to the decisions of the arbitration committee on consumer issues is final.

In disputes with a value of five hundred million liras and above, the decisions made by arbitration committees on consumer issues may be submitted as evidence in consumer courts. The monetary limits on which decisions will be binding or evidential 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.

All disputes, except for matters subject to criminal sanctions in Article 25, are within the scope of the duties and powers of arbitration committees on consumer issues.

The principles and procedures regarding the payment of the attendance fee or attendance fee given to the President and members of the Consumer Problems Arbitration Committees and 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 issues, their working procedures and principles, and other issues are regulated in a regulation to be issued by the Ministry.



PART FOUR

Provisions Regarding Trial and Punishment



Consumer courts

Article 23- Any disputes that may arise regarding the implementation of this Law shall be heard in 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 consumer courts are exempt from all duties and fees. Expert fees in cases filed by consumer organizations are covered by the Ministry from the special allowance recorded in accordance with Article 29. If 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 Collection Procedure of Public Receivables and special income is recorded in the budget according to the principles set out in Article 29. Cases to be heard in consumer courts are carried out in accordance with the provisions of the Seventh Chapter, Fourth Chapter of the Code of Civil Procedure.

Consumer lawsuits can also be filed in the court of the consumer's residence.

The Ministry and consumer organizations may file a lawsuit in consumer courts in order to eliminate the unlawful situation due to violation of this Law, in cases that are not individual consumer problems and concern 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 Authority in one of the newspapers published at the country level and also in a local newspaper published in the place where the case is filed, if any, with the expenses being collected from the party who is found to be wrong and special income recorded in the budget in accordance with the principles set out in Article 29.

Decisions of the Consumer Court to eliminate the illegal situation are immediately announced by the same method, with the costs being collected from the defendant.



Suspension of production and sales and recall of goods

Article 24- If a series of goods offered for sale is defective, the Ministry, consumers or consumer organizations may file a lawsuit to stop the production and sale of the defective serial goods and to collect them from those who have them for sale.

If it is determined by a court decision that a series of goods offered for sale are defective, the sale of the goods is temporarily suspended. The producer-manufacturer and/or importer company is warned to eliminate the defect of the goods within three months at the latest from the date of notification of the court decision. If it is impossible to eliminate the defect of the goods, the goods are collected or collected by the producer-manufacturer and/or importer. The seized goods are partially or completely destroyed or caused to be destroyed depending on the risks they pose.

If a series of goods offered for sale has defects that endanger the safety of the consumer, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are reserved.

Consumers who purchase defective goods reserve the right to file a lawsuit due to the material and moral damages they suffer.

In case a series of defective goods subject to the provisions of the sixth paragraph of Article 4 are offered for sale, the provisions of this article do not apply.



Goods that look different than they are

Article 24/A- Production, marketing and import of goods that, although they are not food products, appear different from what they are due to their shape, smell, appearance, packaging, label, volume or size and therefore endanger the health and safety of consumers by being confused with food products by consumers. and export is prohibited.

If the goods are put on the market, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply.

Consumers who purchase goods that appear different from what they are have the right to file a lawsuit for the material and moral damages they suffer.



Penalties

Article 25-In accordance with the seventh paragraph of Article 6, a fine of 50,000,000 liras is imposed for each contract that is found to be in violation of the procedures and principles determined by the Ministry.

In the seventh paragraph of Article 4, in Article 5, in the sixth paragraph of Article 6, in Article 6/A, in the procedures and principles determined by the Ministry in accordance with Articles 6/B, 6/C, in the fifth paragraph of Article 7, in Article 9, in Article 9/A. A fine of 100,000,000 liras is imposed on those who act contrary to the obligations specified in Article 10, Article 10/A, the second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14, 15 and 27.

A fine of 250,000,000 liras is imposed on those who act contrary to the obligations specified in the fourth and sixth paragraphs of Article 7 and Article 8.

In accordance with the second paragraph of Article 20, a fine of 500,000,000 liras is imposed for non-compliance with 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.

A fine of 1,000,000,000 lira is imposed on the producer-manufacturer and importer who violates Article 18, and one fifth of this penalty is imposed on the seller-supplier.

A fine of 2,000,000,000 liras is imposed on those who act contrary to the first paragraph of Article 19.

A fine of 5,000,000,000 liras is imposed on those who act contrary to Article 11. If the violation took place in a periodical published at the country level, twenty times the penalty is applied. The Ministry also requests the periodical publishing house to stop the campaign and all advertisements and announcements related to the campaign. If the violation continues despite this request, a fine of 100,000,000,000 liras will be imposed for each number-day starting from the date on which the obligation to stop advertising and announcements arises. The Ministry applies to the Consumer Court with a request to stop the campaign and all advertisements and announcements related to the campaign.

Those who act contrary to Article 16 will be subject to a precautionary suspension of up to three months and/or suspension and/or correction and/or a fine of 3,500,000,000 liras. The Advertising Board may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 has occurred through written, verbal, visual and other means broadcast at the country level, the fine is imposed tenfold.

Those who act contrary to the seventh and eighth paragraphs of Article 7 will be fined in proportion to the invoice price of the goods or services subject to the campaign. This penalty will not be applied if the organizer of the campaign provides a refund when the consumer leaves the campaign.

Those who act contrary to the second paragraph of Article 7 are given one week to organize a campaign in accordance with the provisions of Article 7. If it is determined that the violation continues at the end of this period, 50,000,000,000 to those who act contrary to this provision and the obligations specified in Articles 24 and 24/A.