Law on Consumer Protection

FIRST PART

Purpose, Scope and Definitions

Goal

ARTICLE 1- (1) The purpose of this Law; to take measures to protect the health and safety and economic interests of the consumer in accordance with the public interest, to compensate their losses, to protect them from environmental hazards, to enlighten the consumer and to raise awareness, to encourage consumer protective initiatives and to encourage voluntary organizations in the development of policies on these issues.

Scope

ARTICLE 2- (1) This Law covers all kinds of consumer transactions and consumer practices.

Definitions

ARTICLE 3- (1) In the implementation of this Law;

a) Minister: Minister of Customs and Trade,

b) Ministry: Ministry of Customs and Trade,

c) General Manager: General Manager of Consumer Protection and Market Surveillance,

ç) General Directorate: General Directorate of Consumer Protection and Market Surveillance,

d) Service: The subject of any consumer transaction other than providing goods committed or committed for a fee or benefit,

e) Importer: The real or legal person who imports goods or services, including public legal entities, or the raw materials or intermediate goods of these goods for commercial or professional purposes, and put them on the market by selling, renting, leasing or similar means,

f) Permanent data storage: Short message, e-mail, internet, disk, CD, DVD, which enables the information sent by the consumer or sent to it to be recorded and copied unchanged, allowing it to be examined for a reasonable period of time, in accordance with its purpose, memory card and all kinds of similar vehicles or media,

g) Housing finance institution: Banks lending or leasing directly to the consumer within the scope of housing finance, and financial leasing companies and financing companies deemed appropriate to carry out housing finance activities by the Banking Regulation and Supervision Board,

ğ) Lender: Real or legal person authorized to give credit to consumers in accordance with the legislation,

h) Goods: The subject of shopping; movable goods, residential or holiday immovable goods and all kinds of intangible goods such as software, audio, video and similar materials prepared for use in electronic environment,

ı) Provider: The real or legal person, including public legal persons, who provides services to the consumer for commercial or professional purposes, or acts on behalf or account of the service provider,

i) Seller: Real or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or account of the goods provider,

j) Technical arrangement: The definition in the Law on the Preparation and Application of the Technical Legislation on Products dated 29/6/2001 and numbered 4703,

k) Consumer: Real or legal person acting for commercial or non-professional purposes,

l) Consumer transaction: Works, transportation, brokering, insurance, power of attorney, banking established between real or legal persons acting for commercial or professional purposes, including public legal entities in the goods or service markets, or acting on its behalf or account, and consumers. and all kinds of contracts and legal transactions, including similar contracts,

m) Consumer organizations: Associations, foundations or their superior organizations established for the protection of consumers,

n) Producer: Indicates the real or legal person who shows himself as a producer by putting his brand, title or any distinctive sign on the goods presented to the consumer, including the public legal entities, or the raw materials or intermediate goods of these goods and the goods.

SECOND PART

General Principles

The basic principles

ARTICLE 4- (1) The contracts and notifications, which are foreseen to be written in this Law, are arranged in a clear, plain and readable manner in at least twelve point size, in an understandable language, and a copy of these is given to the consumer via paper or permanent data storage. 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 eliminated immediately by the issuer.

(2) Conditions stipulated in the contract cannot be changed against the consumer within the contract period.

(3) From the consumer; No additional fee can be claimed for the actions that are expected to be made within the scope of the goods or services offered to him and the costs that are made in accordance with the interests of the contractor and his legal obligations. Banks, consumer credit while giving financial institutions and card issuer by consumers presented in the products or services of all kinds to be taken outside interest from consumer charges, commissions and charges species by taking the opinion of the Ministry of principles and procedures related to them in accordance with the spirit of the law and to protect the consumer Republic of Turkey It is determined by the Central Bank. (1)

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(1) of Law No. 7222 dated 20.02.2020 with Article 39, in the second sentence of this paragraph "Banking Regulation and Supervision Agency" with "Central Bank of the Republic of Turkey" has been replaced with.

(4) In accordance with the contracts regulated in this Law, it is obligatory to provide the consumers with information about any fees and expenses to be requested from the consumer, written on paper as an attachment to the contract. In contracts established with the remote communication tool, this information is given in accordance with the remote communication tool used. The proof that this information is given to the consumer belongs to the contractor.

(5) Due to the transactions carried out by the consumer, promissory notes can be issued in the form of precious documents, only in the form of registered names and separately for each installment payment. The bills issued in violation of the provisions of this paragraph are invalid in terms of consumers.

(6) In consumer transactions, personal guarantees received in response to the actions of the consumer are considered as bail under any name. The personal guarantees given by the counterparty regarding the receivables of the consumer shall be deemed as several guarantees unless otherwise provided in the other laws.

(7) No compound interest is applied in consumer transactions, including the default.

(8) This Law also covers participation banks in terms of all regulations. The application is made by taking into account the dividend.

Unfair terms in consumer contracts

ARTICLE 5- (1) Unfair condition; These are the terms of the contract that are included in the contract without negotiating with the consumer and cause an imbalance against the consumer in the rights and obligations of the parties contrary to the rule of honesty.

(2) The unfair terms in the contracts concluded with the consumer are absolutely null. The provisions of the contract, other than unfair terms, remain valid. In this case, the organizer cannot claim that he would not make the contract with other provisions without the conditions that were deemed to be absolutely null.

(3) If a contract condition has been prepared in advance and it has not been able to influence the consumer content because it is included in the standard contract, it is accepted that the contract term has not been negotiated with the consumer. If the organizer claims that a standard requirement has been negotiated individually, it is obliged to prove it. If it is concluded that the contract is considered as a standard contract as a whole, the fact that certain elements or an individual provision of a term in this contract are negotiated does not prevent the application of this article to the remainder of the contract.

(4) If the terms of the contract are in writing, a clear and understandable language that the consumer can understand must be used. In the event that a provision in the contract is not clear and understandable or means more than one; this provision is interpreted in favor of the consumer.

(5) The provisions of this article are applied to the contracts prepared by individuals or organizations that carry out their activities with the permission granted by the law or authorized authorities, regardless of their qualifications.

(6) The injustice of a contract requirement; The nature of the goods or services subject to the contract is determined by the moment of establishment of the contract, taking into account the conditions existing in the establishment of the contract and the other provisions of the contract or the provisions of another contract to which the unfair term relates.

(7) At the discretion of the injustice of the terms of the contract, provided that these terms are written in a clear and understandable language, no evaluation can be made regarding the balance between the actual performance obligations arising from the contract and the market value of the good or service and the price set in the contract.

(8) The Ministry takes the necessary precautions to prevent the unfair conditions in the contracts prepared for general use to be removed from the contract texts or to be used.

(9) Procedures and principles regarding the determination and supervision of unfair conditions, and the terms of the contract, which are considered to be unfair, but not limited to, are determined by regulation.

Avoiding sales

ARTICLE 6- (1) The sale of the goods exhibited in the shop window, on the shelf, in electronic environment or anywhere clearly visible cannot be avoided unless there is a phrase stated that it is not for sale.

(2) Providing service cannot be avoided without a good reason.

(3) Those who act for commercial or professional purposes; on the contrary, if there is no customary, commercial custom or custom or justified reason; shall not attribute the sale of a good or service to conditions such as quantity, number, size determined by that good or service, or to the condition of purchasing another good or service.

(4) Ministries and municipalities are responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.

Goods or services not ordered

ARTICLE 7- (1) In the event that unsolicited goods are sent or services are provided, no right can be claimed against the consumer. In these cases, the fact that the consumer is silent or used the goods or services cannot be interpreted as a declaration of acceptance for the establishment of the contract. The consumer has no obligation to send or retain the goods.

(2) It is obliged to prove this claim claiming that a product or service has been ordered.

THIRD PART

Defective Goods and Services

FIRST PART

Defective Goods

Defective goods

ARTICLE 8- (1) Defective goods are goods that are contrary to the contract at the time of delivery to the consumer, because they do not comply with the model or model agreed by the parties or they do not have the objectively required features.

(2) Does not have one or more of its features in its package, label, identification and user manual, internet portal or advertisements; which is inconsistent with the quality reported by the seller or determined in the technical arrangement; Goods containing material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, reduce or eliminate the expected benefits of the consumer are also considered defective.

(3) Failure to deliver the contractual goods within the time period agreed in the contract or not to properly install it in cases where the assembly is performed by the seller or under his responsibility is deemed to be contrary to the contract. In cases where the assembly of the goods is foreseen to be done by the consumer, if the assembly is erroneous due to inaccuracy or deficiency in the assembly instruction, there will be a violation of the contract.

Liability for defective goods

ARTICLE 9- (1) The seller is obliged to deliver the goods to the consumer in accordance with the sales contract.

(2) The seller is not bound by the content of the disclosure if he / she is not aware of and is not expected to be informed about the announcements made via advertising not originated from him or if the content of the disclosure proves that the sales contract has been corrected at the time of the contract or the decision to establish a sales contract is not in line with this explanation.

The burden of proof

ARTICLE 10- (1) The defects that occur within six months from the date of delivery are considered to exist on the date of delivery. In this case, it is the vendor's proof that the goods are not defective. This is not applied if the carinee is incompatible with the nature of the good or defect.

(2) In cases where the consumer is aware of or is expected to be aware of the defect at the date of establishment of the contract, there will be no violation of the contract. Elective rights of the consumer are reserved against any other defects.

(3) A label with explanatory information about the defect of the good is placed on the defective goods to be put on sale or on the packaging by the producer, importer or seller so that the consumer can easily read it. It is obligatory to give this label to the consumer or to clearly show the explanatory information about the item on the invoice, receipt or sales document given to the consumer. Products that do not comply with the technical regulations cannot be placed on the market in any way. The Law on the Preparation and Implementation of the Technical Legislation Related to the Products and other relevant legislation provisions are applied to these products.

Elective rights of the consumer

ARTICLE 11- (1) If it is understood that the goods are defective, the consumer;

a) To return from the contract by declaring that he is ready to return the sold,

b) To retain what is sold and ask for a discount from the sales price in proportion to the defect,

c) Requesting free repair of the sold, at all costs, if the seller does not require excessive costs,

ç) If there is a possibility, asking the seller to be replaced with a defect-free amount,

can exercise one of their optional rights. The seller is obliged to fulfill this consumer-preferred demand.

(2) The rights to free repair or replacement of the goods without defect can be used against the manufacturer or importer. The seller, manufacturer and importer are jointly responsible for the fulfillment of the rights in this paragraph. The manufacturer or importer is not held responsible if the product proves that the defect was born after it was placed on the market by him.

 

(3) In case the free repair or replacing the goods with defective times will bring disproportionate difficulties for the seller, the consumer may use one of the rights to return from the contract or to deduct from the cost. In the determination of disproportionality, issues such as the defective value of the goods, the importance of the defect and whether or not it will be a problem for the consumer to apply for other elective rights are taken into consideration.

(4) In case one of the right to free repair or replacement of goods with defective amount is selected, this request must be fulfilled within a maximum of thirty working days from the address of the seller, manufacturer or importer, and within sixty working days for immovable property and holiday purposes. However, the consumer's free repair request for the goods listed in the annex of the regulation issued in accordance with Article 58 of this Law is fulfilled within the maximum repair period determined in the regulation. Otherwise, the consumer is free to exercise his other elective rights.

(5) In cases where the consumer chooses the right to return from the contract or a discount at the rate of defect, the entire amount paid or the discount amount made from the price shall be returned to the consumer immediately.

(6) All expenses incurred due to the use of optional rights are covered by the party fulfilling the right chosen by the consumer. Along with one of these elective rights, the consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations dated 11/1/2011 and numbered 6098.

Time out

ARTICLE 12- (1) Unless a longer period is determined in the laws or in the contract between the parties, the liability for the defective goods is subject to a two-year timeout from the date of delivery of the goods to the consumer, even if the defect occurred later. This period is five years from the delivery date of the immovable property for residential or holiday purposes.

(2) Without prejudice to the third paragraph of Article 10 of this Law, the responsibility of the seller for second-hand sales cannot be less than one year for immovable property for residential or holiday purposes.

(3) If the shame is hidden by a serious defect or fraud, the timeout provisions are not applied.

 

SECOND PART

Defective Services

Defective service

ARTICLE 13- (1) Defective service is a service that is contrary to the contract since it does not start within the period specified in the contract or does not have the features that should be objectively agreed by the parties.

(2) Services containing material, legal or economic deficiencies that are notified by the service provider, that do not have the features on the internet portal or advertisements or advertisements, or which reduce or eliminate the value or benefits that the consumer reasonably expects from him, are defective.

Responsibility for defective service

ARTICLE 14- (1) The provider is obliged to perform the service in accordance with the contract.

 

(2) The provider is not bound by the content of the disclosure if he / she is not aware of and is not expected to be informed about the announcements made through the advertisement that does not originate from him, or that the content of the disclosure has been corrected on the date of the service contract or that the decision to establish the service contract does not include a causal link with this disclosure. rights

ARTICLE 11- (1) If it is understood that the goods are defective, the consumer;

a) To return from the contract by declaring that he is ready to return the sold,

b) To retain what is sold and ask for a discount from the sales price in proportion to the defect,

c) Requesting free repair of the sold, at all costs, if the seller does not require excessive costs,

ç) If there is a possibility, asking the seller to be replaced with a defect-free amount,

can exercise one of their optional rights. The seller is obliged to fulfill this consumer-preferred demand.

(2) The rights to free repair or replacement of the goods without defect can be used against the manufacturer or importer. The seller, manufacturer and importer are jointly responsible for the fulfillment of the rights in this paragraph. Manufacturer or importer, after the goods are placed on the market by themselves

Elective rights of the consumer

ARTICLE 15- (1) In cases where the service is defective, the consumer is free to use one of the rights to see the service again, free repair of the work resulting from the service, a discount at the rate of defect or return from the contract. The provider is obliged to fulfill this consumer-preferred demand. All costs incurred due to the use of optional rights are covered by the provider. Along with one of these elective rights, the consumer may also claim compensation under the provisions of the Turkish Code of Obligations.

(2) In the event that free repair or re-service will bring disproportionate difficulties for the provider, the consumer cannot use these rights. In the determination of disproportionality, issues such as the defective value of the service, the importance of the defect, and whether applying for other elective rights will be a problem for the consumer.

(3) In cases where the consumer chooses the right to return from the contract or a discount at the rate of defect, the entire amount paid or the amount deducted from the price shall be returned to the consumer immediately.

(4) In cases where free repair or re-service is selected, this request is fulfilled within a reasonable time and in a way that does not cause serious problems for the consumer, considering the nature of the service and the purpose of the consumer to benefit from this service. In any case, this period cannot exceed thirty working days from the request being directed to the supplier. Otherwise, the consumer is free to exercise his other elective rights.

Time out

ARTICLE 16- (1) Unless a longer period is specified in the law or in the contract between the parties, the responsibility for the defective service is subject to a two-year expiry from the date of performance of the service, even if the defect occurred later.

(2) If the shame is concealed by a serious defect or fraud, timeout provisions are not applied.

 

FOURTH PART

Consumer Contracts

FIRST PART

Sale by Installment

Installment sales contracts

ARTICLE 17- (1) The installment sales contract is the contracts where the seller or provider undertakes the delivery of the goods or the performance of the service, and the consumer pays partially.

(2) The provisions of this Chapter apply to the financial lease agreements where the consumer is obliged to acquire the property of a property at the end of the lease term.

(3) Installment sales agreement will not be valid unless it is written. The seller or supplier, who has not made a valid contract, cannot later claim the invalidity of the contract against the consumer.

 

Right to withdraw

ARTICLE 18- (1) The consumer has the right to withdraw from the sales contract in installments without any reason and penalty within seven days.

(2) It is sufficient that the notification that the right of withdrawal has been used has been directed to the seller or supplier within this period. The seller or supplier is obliged to prove that the consumer is informed about the right of withdrawal.

(3) If the seller delivered the goods to the consumer within the withdrawal period, the consumer may use the goods only to the extent required by a regular review; otherwise, the consumer cannot exercise his right of withdrawal. Before the right of withdrawal expires, the consumer cannot use the right of withdrawal in the service contracts, where the service is started with the approval of the consumer.

(4) The right of withdrawal cannot be used in financial leasing transactions where the consumer finds the seller.

Default

ARTICLE 19- (1) If the consumer or supplier reserves the right to demand the performance of all remaining debt in installment sales contracts, if the seller or provider reserves the right to demand the performance of all remaining debt, this right will only be at least one tenth of the remaining debt of the consumer. It can be used in case of default by paying at least two installments that constitute and consecutive, or at least one quarter of the remaining debt. In order for the seller or provider to exercise this right, it is obligatory to give the consumer at least thirty days and give warning of exemption.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made.

Early payment

ARTICLE 20- (1) The consumer may pay the total amount he owes in advance or may make one or more unpaid installments. In both cases, the seller or supplier is obliged to make all the necessary interest and commission discounts based on the amount paid, in case he receives interest or commission.

Other issues

ARTICLE 21- (1) The pre-paid installment provisions of the Turkish Code of Obligations apply for the contracts in which the consumer undertakes to pay the sale price of a movable property in advance, and the seller, after the full payment of the price, to deliver the sold to the consumer and whose payment period is longer than one year or indefinite.

(2) The mandatory content of the contract, the rights and obligations of the consumer and seller and provider, the right of withdrawal, early payment and other procedures and principles are determined by regulation.

SECOND PART

Consumer Loans

Consumer loan contracts

ARTICLE 22- (1) The consumer loan agreement refers to the agreement that the lender has given or undertakes to lend to the consumer through deferral payment, loan or similar forms of financing.

 

(2) Credit card contracts are considered as consumer loan agreements, in case the payment is postponed for more than three months in return for an interest or similar interest, or similar payment is provided by installments. However, in this case, the interest rate to be applied cannot exceed the rate determined in accordance with the credit card contract.

(3) Unless the consumer loan agreement is established in writing, it will not be valid. The creditor, who has not made a valid contract, cannot subsequently claim the invalidity of the contract against the consumer.

Information obligation before contract

ARTICLE 23- (1) The creditor and the credit intermediary, if any, must provide the consumer with a pre-contractual information form containing the terms of the loan contract they offer, within a reasonable period of time before the contract is established.

Right to withdraw

ARTICLE 24- (1) The consumer has the right to withdraw from the consumer loan contract within fourteen days without showing any justification and without penal terms.

(2) The creditor is obliged to prove that the consumer is informed that he has the right to withdraw. It is sufficient that the notification that the right of withdrawal has been used has been directed to the lender within the right of withdrawal.

(3) In cases where the consumer exercising the right of withdrawal benefits from the loan, the consumer pays back the interest accrued between the date of the loan and the date the principal is repaid, within thirty days after sending the notice of withdrawal to the lender. In the event that no payment is made within this period, the consumer is deemed not to have withdrawn from the loan. Interest is calculated according to the contractual interest rate. No price can be requested from the consumer, except for the calculated contractual interest and expenses paid to a public institution or organization or third parties.

Interest rate

ARTICLE 25- (1) Interest rate is determined as fixed in fixed term consumer loan contracts. This rate determined on the date of establishment of the contract cannot be changed against the consumer.

(2) In consumer loan contracts, in the absence of contractual interest, effective annual interest or total cost of the loan, the loan amount is used without interest until the end of the contract period. If the effective interest rate is shown to be lower than it is, the contractual interest rate that will be taken as the basis for calculating the total cost of the loan is determined to match the effective interest rate shown low. In these cases, the payment plan is rearranged according to the changes made.

Amendment to the contract

ARTICLE 26- (1) The terms of the fixed term loan agreement cannot be changed against the consumer.

(2) In case of an interest rate change in indefinite term loan agreements, it is obligatory to notify the consumer on paper or in writing via permanent data storage, thirty days before this change takes effect. In this notification, details regarding the amount, number and intervals of payments to be made after the new interest rate comes into effect are included. In case the interest rate is increased, the new interest rate cannot be applied retrospectively. If the consumer pays the entire debt and ceases to use credit within sixty days from the date of notification, it will not be affected by the interest rate increase.

 

Early payment

ARTICLE 27- (1) The consumer may pay one or more installments that are not due or may pay the entire credit debt early. In these cases, the lender is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.

Default

ARTICLE 28- (1) If the consumer has the right to demand the performance of the entire debt in certain term loan contracts, if the creditor reserves the right to demand the full performance of the debt, this right will only be granted in the payment of at least two consecutive installments. can be used in case of falling. In order for the lender to exercise this right, it is obligatory to give at least thirty days to the consumer and warn of exemption.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made.

Taking out insurance

ARTICLE 29- (1) Credit insurance cannot be taken out without the explicit request of the consumer through written or permanent data storage. In case the consumer wants to take out insurance, the guarantee provided by the insurance company he / she wants must be accepted by the creditor. This insurance must be compatible with the loan issue, the amount of debt remaining in the amount insurance and the maturity.

Affiliated loans

ARTICLE 30- (1) Affiliated loan agreement; is a contract where consumer credit is exclusively awarded for financing a contract for the supply of a particular good or service, and these two contracts form an objective economic union.

(2) The existence of the economic union;

a) The seller or provider finances the loan for the consumer,

b) In the event that it is financed by a third party, the creditor benefits from the services of the seller or provider regarding the signing or preparation of the loan agreement,

c) It is deemed that if the provision of a certain good or service is clearly stated in the loan agreement, at least one of its situations exists.

(3) In case the consumer withdraws from the contract regarding the supply of goods or services and the related notification is directed to the lender also during the withdrawal period, the linked loan contract ends without obligation to pay any compensation or penal clause.

(4) In the affiliated loans, if the goods or services are not delivered or executed properly, the seller, provider and lender are severally responsible in case the consumer uses the right to return from the sales contract or to deduct from the price. If the consumer uses the right to deduct the price, the affiliated loan is also reduced at this rate and the payment plan is changed accordingly. In the event that the consumer uses his right to return from the contract, the seller, the provider and the lender are severally responsible for the return of the payment he made until that day. However, the creditor's responsibility; It is a year limited to the amount of credit used from the date of delivery of the goods specified in the sales contract or the affiliated credit contract when the goods are not delivered or the service is executed, and from the date of delivery of the goods or the service in cases where the goods are delivered or the service is performed.

(5) Without a contract between the creditor and the seller or supplier regarding the supply of a particular good or service, the loans extended by the creditor paying the price of the goods or services determined by the consumer himself are not considered as affiliated loans.

Other issues

ARTICLE 31- (1) In the case of opening an account related to a fixed term loan agreement and only credit related transactions from this account, the consumer cannot be charged under any name related to this account. Unlike the consumer, this account is closed with the payment of the loan in the absence of a written request.

(2) Without a clear instruction of the consumer, a overdraft deposit contract associated with a fixed term loan contract cannot be made.

(3) Card issuers are obliged to offer consumers a type of credit card that they do not charge for under the annual membership fee and similar name.

(4) Pre-contractual information, mandatory content of the contract, non-scope contracts, the rights and obligations of the consumer and the lender, right of withdrawal, early payment, calculation of effective annual interest, mandatory content of advertisements related to consumer loans, use of the right of termination, default, transfer of credit, The procedures and principles regarding the affiliated loan and other issues are determined by a regulation.

 

THIRD PART

Housing Finance

Housing finance contracts

ARTICLE 32- (1) Housing finance contract, in order to acquire housing; This is the contract for extending loans to consumers, leasing housing to consumers through financial leasing, lending loans to consumers under the guarantee of their housing and lending them to finance these loans.

(2) Housing finance agreement will not be valid unless it is written in writing. The housing finance institution, which has not made a valid contract, cannot later claim the invalidity of the contract against the consumer.

Information obligation before contract

ARTICLE 33- (1) Housing finance institutions are obliged to provide the consumer with the pre-contractual information form, which includes the terms of the housing finance contract, a reasonable time before the establishment of the contract.

Default

ARTICLE 34- (1) If the consumer financing institution reserves the right to demand the performance of the remaining debt, if the consumer fails to pay the installments, this right will only be fulfilled in the case that the consumer financing institution has performed all its actions and the consumer is in default to pay at least two subsequent installments. available. In order for the housing finance institution to exercise this right, it must give the consumer at least thirty days and give warning of exemption.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made.

(3) In financial leasing transactions, if the consumer does not fulfill the performance within the period given in the notice of exemption, after the expiration of this period, if the housing finance institution terminates the housing finance contract to use the right to fulfill the remaining debt, it is obliged to sell the property immediately. Before financing, the housing finance institution makes an appraisal to the persons or institutions that have been authorized for housing in accordance with the Capital Markets Law No. 6362 dated 6/12/2012. The appreciated asset is notified to the consumer at least ten business days before the sale. The housing finance institution sells the house by acting as prudent trader, taking into account the appreciated value. If the price obtained from the sale of the house exceeds the remaining debt, the exceeding part is paid to the consumer immediately. Article 33 of the Financial Leasing, Factoring and Financing Companies Law dated 21/11/2012 and numbered 6361 does not apply to financial leasing transactions for housing finance.

(4) In the event that the sale of the house is carried out within the scope of the third paragraph of this article and if the portion of the amount obtained exceeds the remaining debt is paid to the consumer, the third parties who possess the possession are evacuated. In case the house is not evacuated, the landlord can apply for execution against the consumer or third parties holding possession in accordance with Articles 26 and 27 of the Enforcement and Bankruptcy Law dated 9/6/1932 and numbered 2004.

Affiliated loans

ARTICLE 35- (1) Affiliated loan agreement; housing finance loan is exclusively given to the financing of a contract in the case of purchasing a certain house and these two contracts form an economically economical union.

(2) In case the consumer uses one of the optional rights specified in article 11 of this Law, the seller and the housing finance institution are severally responsible for the related loans, due to the fact that the property is not delivered at all or properly. However, the responsibility of the housing finance institution; If the housing is not delivered, it is one year limited to the housing delivery date specified in the housing sales contract or the affiliated loan agreement, from the date of delivery of the housing if the housing is delivered.

(3) Even if the loans given by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed securities collateral collateral, the lending housing finance institution continues to be responsible. The institution taking over the loan is not responsible under this article.

(4) Without a contract between the housing finance institution and the seller regarding the supply of a particular house, the loans granted by paying the price of the house determined by the consumer by the lending housing finance institution are not considered as affiliated loans.

Interest rate

ARTICLE 36- (1) The portion of the repayment amounts in loans and the lease amounts exceeding the principal in financial leasing transactions are considered as interest under this article.

(2) As stated in the contract, interest rate can be determined as fixed or variable in housing loans and leasing transactions, or by using both methods for the same loan. In case the interest rate is determined as fixed, the rate determined on the date of establishment of the contract cannot be changed without the consent of the parties. If the rate is determined as a variable, the rate determined in the contract at the beginning can be changed based on the lowest of the generally accepted and widely used indices to be determined in the contract at home or abroad, provided that the periodic reimbursement amount does not exceed the maximum periodic reimbursement amount initially determined in the contract. In case the rates are determined as variable, the consumers should be informed about the possible effects of this method. This can be used for the purposes reference interest rates and indexes are determined by the Central Bank of the Republic of Turkey.

Early payment

ARTICLE 37- (1) The consumer may pay one or more installments that are not due or may pay the entire housing finance debt early. In these cases, the housing finance institution is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.

(2) In case the interest rate is determined as fixed, if one or more payments are made before the due date, early payment compensation can be requested from the housing finance institution. Early payment indemnity may not exceed one percent for credits whose maturity is not exceeding thirty-six months, and two percent for loans whose term is more than thirty-six months, calculated by making the necessary interest discount. If the rates are determined as variable, early payment compensation cannot be requested from the consumer.

Taking out insurance

ARTICLE 38- (1) Credit insurance cannot be taken out without the explicit request of the consumer through written or permanent data storage. In case the consumer wants to take out insurance, the guarantee provided by the insurance company he / she wants must be accepted by the housing finance institution. This insurance must be compatible with the loan issue, the amount of debt remaining in the amount insurance and the maturity.

Other issues

ARTICLE 39- (1) In case an account related to the housing finance contract is opened and only credit related transactions are made from this account, the consumer cannot be charged under any name related to this account. Unlike the consumer, this account is closed with the payment of the loan in the absence of a written request.

(2) Without a clear instruction of the consumer, a overdraft deposit agreement related to the housing finance agreement cannot be made.

(3) In the implementation of the provisions of this Chapter, natural person partners of residential building cooperatives are also considered consumers.

(4) Pre-contractual information, the rights and obligations of the consumer and the housing finance institution, the mandatory content of the contract, housing finance ads, refinancing, affiliated credit, default, early payment and calculation of the annual cost rate and other issues are determined by regulations.

SECTION FOUR

Prepaid Housing Sales

Prepaid housing sales contracts

ARTICLE 40- (1) Pre-paid housing sales contract is the contract where the consumer undertakes to pay the sales price of a real estate for residential purposes in advance or in installments, and the seller undertakes to transfer or deliver the real estate to the consumer after the price is paid in whole or in part.

(2) Consumers must be provided with a preliminary information form at least one day before the contract is established, containing the issues determined by the Ministry.

(3) Pre-paid housing sales agreement cannot be made with consumers without obtaining a building license.

Shape condition

ARTICLE 41- (1) It is obligatory to register the prepaid housing sales to the land registry and to make the sales promise contract in the form of a notary. Otherwise, the seller cannot later claim the invalidity of the contract against the consumer.

(2) Unless a valid contract is concluded, the seller cannot ask the consumer to pay under any name or to provide any documents that put the consumer under debt.

Guarantee

ARTICLE 42- (1) Before starting the sales of the prepaid housing for the projects over the size to be determined by the Ministry according to the number of houses in the project or the total cost of the project; It is obligatory to have building completion insurance determined by the Undersecretariat of Treasury or to provide other guarantees and conditions determined by the Ministry.

(2) Indemnity, collateral and similar guarantees provided within the scope of building completion insurance cannot be included in bankruptcy or liquidation desk, cannot be levied, and precautionary measures and lien attachments cannot be placed on them.

Right to withdraw

ARTICLE 43- (1) The consumer has the right to withdraw from the prepaid housing sales contract within fourteen days without any justification and without penalty. It is sufficient that the notification that the right of withdrawal has been used has been directed to the seller within this period. The seller is obliged to prove that the consumer is informed about the right of withdrawal.

(2) If the immovable is purchased partially or wholly with an affiliated loan, the affiliated loan agreement enters into effect at the end of the right of withdrawal provided for in this article to take effect on the date of the establishment of the agreement. The housing finance institution can not demand any expenses from the consumer under interest, commission, legal obligation and similar names within the period of right of withdrawal.

(3) From the date the seller returns the price he received and any documents that put the consumer under debt, the consumer returns his acquisitions within ten days.

Delivery of the dwelling

ARTICLE 44- (1) In the sale of prepaid houses, the transfer or delivery period cannot exceed thirty-six months from the date of the contract. When the easement of the floor is registered in the land registry on behalf of the consumer, it is deemed to have been handed over and delivered in the case of the transfer of possession.

Withdrawal from the contract

ARTICLE 45- (1) (Amended: 2/1/2017-KHK-684/8 art .; Exactly accepted: 1/2 / 2018-7074 / 8 art.) In the sale of prepaid housing, any consumer up to twenty-four months from the date of contract has the right to return from the contract without giving a reason. In case of returning from the contract, the seller; the costs arising from the taxes, duties and similar legal obligations arising from the sale of the house or the promise to sell, and two percent of the contract value for the first three months, four percent for the three to six months, six percent for the six to twelve months and twelve to It may request that up to eight percent compensation be paid between twenty-four months.

(2) If the seller does not fulfill his obligations at all or properly, he cannot demand any price from the consumer. No price can be requested from the consumer if the consumer is returned to the contract due to the fact that he / she is unable to make prepayments due to the death or permanent deprivation from earning, or because the proposal for the replacement of the contract by the seller is not accepted by the seller in an ordinary installment.

(3) In case of returning from the contract, the amount to be returned to the consumer and any documents that put the consumer under debt are returned to the consumer within one hundred and eighty days at the latest after the return notification reaches the seller. From the date on which the seller returns the price he received and any documents that put the consumer under debt, the consumer returns his acquisitions within ten days. (one)

Other issues

ARTICLE 46- (1) Pre-contractual information, the mandatory content of the contract, the rights and obligations of the consumer and the seller, the right of withdrawal and the return from the contract and other implementation procedures and principles are determined by regulation.

CHAPTER FIVE

Other Consumer Contracts

Contracts established outside the workplace

ARTICLE 47- (1) Between the seller or supplier and the consumer;

a) Established in the simultaneous physical presence of the parties outside the workplace regardless of whether the offer is made by the consumer, seller or supplier,

b) Established in the workplace of the seller or provider or by any means of remote communication immediately after the parties are contacted with the consumer in the presence of simultaneous physical presence,

c) Established during a trip organized by the seller or provider for the promotion or sale of goods and services to the consumer,

contracts are considered contracts established outside the workplace.

(2) Contracts established outside the workplace are established by the seller or supplier authorized by the Ministry.

(3) It is obligatory for the consumer to be informed clearly and comprehensively on the issues determined in the regulation before connecting with the contract established outside the workplace or any corresponding suggestion. The burden of proof that the consumer is informed belongs to the seller or supplier.

-------------------------

(1) Decree No. 684 dated 02.01.2017 with Article 8, contained in this paragraph "ninety days" to "one hundred and eighty days" in modified, then these provisions of Law No. 7074 dated 01.02.2018 8 It has been enacted by accepting the same with the pearl article.

(4) Contracts established outside the workplace will not be valid unless they are established in writing. The seller or supplier, who has not established a valid contract, cannot subsequently claim the invalidity of the contract against the consumer. Seller or provider; it is obliged to provide the consumer with his own handwriting to write the contract date and sign the contract, to give a copy of the contract to the consumer and to provide the goods or services to the consumer. The proof that the contract has been delivered to the consumer and that the goods or services have been offered belongs to the seller or the supplier.

(5) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penalty. It is sufficient that the notification that the right of withdrawal has been used has been directed to the seller or supplier within this period. During the withdrawal period, the seller or supplier cannot ask the consumer to pay under any name or to provide any documents that put the consumer under debt in exchange for the contractual goods or services. The seller or supplier is obliged to prove that the consumer is informed about the right of withdrawal. The consumer is not responsible for changes and deteriorations caused by the customary use of the goods during the withdrawal period.

(6) In the event that the seller or provider acts against the obligations specified in this article or does not inform the consumer properly about the right to withdraw, the consumer is not bound for a period of fourteen days to exercise his right to withdraw. In any case, this period expires one year after the withdrawal period ends.

(7) Mandatory content of the contract, out-of-scope contracts, direct sales, the rights and obligations of the consumer and seller and provider, the right of withdrawal, the obligation to inform, the qualifications to be sought in those who will make the sales, and other implementation procedures and principles.

Distance contracts

ARTICLE 48- (1) Distance contract, by the use of remote communication tools, between the parties until the moment the contract is established and the moment it is established, within the framework of a system established for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer. are established contracts.

(2) Before accepting the distance contract or any corresponding offer, the consumer is informed clearly and comprehensively by the seller or supplier about the details specified in the regulation and that his order will be under the obligation to pay. The burden of proof that the consumer is informed belongs to the seller or supplier.

(3) The seller or supplier performs its performance within the promised time from the moment the consumer's order is received. In goods sales, this period cannot exceed thirty days in any case. If the seller or provider does not fulfill its performance within this period, the consumer may terminate the contract.

(4) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penalty. It is sufficient that the notification that the right of withdrawal has been used has been directed to the seller or supplier within this period. The seller or supplier is obliged to prove that the consumer is informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by a period of fourteen days to exercise his right of withdrawal. In any case, this period expires one year after the withdrawal period ends. The consumer is not responsible for changes and deteriorations caused by the customary use of the goods within the period of withdrawal.

 

(5) Those who mediate the establishment of distant contracts on behalf of the seller or supplier by using or using remote communication tools within the framework of the system they have created, to keep records regarding the transactions made with the seller or supplier due to the matters contained in this article and, if requested, this information to the relevant institutions, organizations and consumers. is obliged to give. However, those who mediate under this paragraph are responsible for their acts contrary to the contract they have made with the seller or supplier.

(6) In distance contracts, out of scope contracts, the rights and obligations of the consumer and seller and provider, the right of withdrawal, the obligation to inform, the delivery and other implementation procedures and principles are determined by regulation.

Distance contracts for financial services

ARTICLE 49- (1) Financial services refer to all kinds of banking services, loans, insurance, private pension, investment and payment related services. The distance contract regarding financial services is the agreements established between the provider and the consumer by using remote communication tools within the framework of a system established for the remote marketing of financial services.

(2) In distant contracts related to financial services, before disclosing the will of the consumer regarding the establishment of the contract, it is obligatory to be informed in a clear, understandable and appropriate means of communication in other matters, the details of which will be undertaken if the consumer gives a declaration of acceptance and the details of which are determined by the Ministry. It should be understandable that this information is made for commercial purposes, and in cases where voice communication is used, the identity of the provider and the reason for the request for the interview should be stated at the beginning of each interview. The acceptance declaration of the consumer regarding the establishment of the contract is determined or recorded physically or electronically in accordance with the communication tools used. The provider is obliged to take the necessary measures for the transmission of the right of withdrawal and for determinations or records to be made physically or electronically.

(3) It is obligatory for the provider to convey all the terms of the contract and other matters determined by the Ministry to the consumer on paper or via permanent data storage. This obligation is fulfilled either before the consumer directs the will of the founder of the contract or immediately after the establishment of the contract in the event of the establishment of the contract using a remote communication tool that is not suitable for written information at the request of the consumer.

(4) The consumer may request a written copy of the contract on paper, without paying any fees during the contractual relationship continues. In addition, the consumer has the right to change the means of remote communication, which is used in conjunction with the nature of the financial service.

(5) The consumer has the right to withdraw from distant contracts regarding financial services within fourteen days without any justification and without penal terms. It is sufficient that the notification that the right of withdrawal has been used has been directed to the provider within this period. The provider is obliged to prove that the consumer is informed about the right of withdrawal. In insurance contracts and private pension contracts, provisions regarding the withdrawal period in favor of the consumer in other legislation are applied.

 

(6) In distance contracts regarding financial services, it is sufficient for the consumer to communicate his request for termination of the contract with any remote communication tool. The consumer cannot be obliged to use a method that includes conditions that are more severe than the method that enables the establishment of the contract to terminate the contract.

(7) In distance contracts related to financial services, the use of remote communication means, out of scope contracts, card payment, the rights and obligations of the consumer and provider, the right of withdrawal and other implementation procedures and principles are determined by regulation.

Timeshare and long-term holiday service contracts

ARTICLE 50- (1) The circuit holiday contract is the one established for more than one year and provides the consumer with one or more overnight accommodation for more than one period during this period.

(2) Whether the right provided through timeshare contracts is a personal or in-kind right does not prevent the implementation of this article. No prepaid circuit holiday contract can be made with the consumers without obtaining a building license for the land on which the real estate subject to the circuit will be built.

(3) Long-term holiday service contract is a contract that has been established for more than a year and the consumer has been given the right to benefit from discounts or other benefits related to accommodation or the situations in which travel or other services are offered together.

(4) It is obligatory to provide a preliminary information form to the consumers at least one day before the following contracts are established, including the issues determined by the Ministry:

a) Timeshare contracts

b) Long-term holiday service contracts

c) Exchange contracts

ç) Resale contracts where the seller or provider assists the consumer in buying and selling timeshare or long-term holiday services.

(5) Except for contracts established with distance sales method, the seller or supplier is obliged to ensure that the consumer writes the contract date and sign the contract in his own handwriting. It is obligatory to give a copy of these contracts, written or distant, to the consumer on paper or with a permanent data keeper. The provisions of the law, which envisage heavier form conditions, are reserved.

(6) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penalty. Except for contracts granting the right of times, the seller or supplier cannot ask the consumer to pay under any name or to provide any documents that put the consumer under debt before the withdrawal period expires. Timeshare, long-term holiday service contracts and resale, exchange and all other related contracts issued with these contracts expire spontaneously with the exercise of the right to withdraw.

(7) If the price to be paid by the consumer is partially or wholly covered by the agreement between the seller or the supplier and the lender, if the consumer withdraws from the contract and the notification related to it is also directed to the lender within the term of the termination, the related loan agreement also includes any compensation or The penalty term ends without obligation to pay.

(8) For projects over the size to be determined by the Ministry according to the number of circuits in the project or the total price of the project, the scope, conditions and application principles of the seller or provider before the sale of the immovable subject to the holiday, or the other collateral determined by the Ministry, must meet the conditions. Compensation, collateral and similar safeguards provided within the scope of building completion insurance cannot be included in bankruptcy or liquidation desk, cannot be seized, and precautionary measures and lien attachments cannot be placed on them.

(9) In case the immovable subject to the holiday is sold with prepayment, the consumer has the right to return from the contract without any justification until the transfer or delivery date. In case of returning from the contract, the seller can request compensation up to two percent of the contract price. If the seller does not fulfill its obligations at all or as required, the seller cannot charge any price from the consumer. In case of returning from the contract, the amount to be returned to the consumer and any documents that put the consumer under debt are returned to the consumer within ninety days at the latest after the return notification reaches the seller. From the date on which the seller returns the price he received and any documents that put the consumer under debt, the consumer returns his acquisitions within ten days.

(10) In the prepaid sale of the immovable property, the transfer and delivery period cannot exceed thirty-six months from the date of the contract.

(11) Timeshare, long-term holiday service, resale, exchange contracts and the content of pre-information, the rights and obligations of the consumer and seller and provider, right of withdrawal, prepaid sales and other implementation procedures and principles are determined by regulation.

Package tour contracts

ARTICLE 51- (1) The package tour agreement is the agreements by the package tour organizers or intermediaries where at least two of the following services are sold or promised for the price of all inclusive and the service covers more than twenty four hours or includes overnight accommodation:

a) Transportation

b) Accommodation

c) Other tourism services not dependent on transportation and accommodation services.

(2) In case the details of the tour are determined by the package tour organizer, agent or consumer, or if the services in the same package tour are billed separately, the provisions of this article are applied.

(3) In cases where the presence of representatives of the regulatory package tours in Turkey would be responsible for such package tour package tour organizer tool.

(4) Before the package tour contract is established, it is obligatory to provide a leaflet to the consumer for preliminary information.

(5) Package tour organizers or intermediaries are obliged to give a copy of the package tour contracts established in writing or at a distance to the consumer via paper or via permanent data storage.

(6) The consumer has the right to return this contract or an alternative tour offered by the package tour organizer, as well as to accept this change or an alternative tour offered by the package tour organizer, if one of the essential elements of the package tour contract is changed or canceled before the tour begins. In the event that the contract is returned from the contract, the package tour organizer or agent must immediately return all the price paid by the consumer without any deduction from the date of the return notification.

(7) The consumer has the right to demand a reduction in the price due to any deficiencies that arise during the performance of the contract. The consumer may return from the contract when it is determined that the package tour organizer does not or does not fulfill an important obligation after the tour starts. In these cases, the package tour organizer's or agent's right to charge fees ends. It is obligatory to return the payments made to the consumer immediately from the date of returning from the contract. However, the package tour organizer may request an appropriate response from the consumer to the rate it benefits from the service for the actions it has done so far.

(8) The package tour organizer is responsible for any damages suffered by the consumer due to the absence or proper execution of the contract, without prejudice to the provisions of the Law on Travel Agencies and Travel Agencies Association No. 1618 dated 14/9/1972. The consumer may also request an appropriate compensation for wasted vacation time.

(9) People who benefit from package tour services within the framework of their commercial or professional activities are also accepted as consumers.

(10) Preliminary information, the content of the contract, the transfer of the package tour, the conditions of the amendment of the contract and the rights of the consumer in these cases, the results of the cancellation of the package tour, the responsibilities of the package tour organizer and the intermediary, the conditions in which the consumer can claim compensation, the return from the contract and the results and other application the procedures and principles are determined by regulation.

Subscription contracts

ARTICLE 52- (1) Subscription agreement is the agreement that enables the consumer to acquire a certain good or service continuously or at regular intervals.

(2) It is obligatory to give a copy of these contracts, written or distant, to the consumer on paper or with a permanent data storage.

(3) There are no provisions on fixed-term subscription contracts that the contract will be extended by the specified period; however, after the subscription contract is established, the subscription contract can be extended if the consumer requests or gives approval until the contract expires.

(4) The consumer has the right to terminate the fixed-term subscription agreement with indefinite duration or longer than one year at any time without any justification and without penalty. The consumer may terminate the contract even if the terms of the contract are changed by the seller or supplier in the fixed-term subscription contract with a period of less than one year. It is sufficient that the notice of termination be directed to the seller or provider on paper or with permanent data storage. The seller or supplier cannot determine a method that includes more severe conditions for the termination of the subscription contract than the method that allows the establishment of the contract.

 

(5) The seller or supplier is obliged to fulfill the consumer's request to terminate the subscription within the periods determined by the regulation. In cases where the subscription is not terminated within the specified periods, no price can be claimed from the consumer even if the goods or services have been utilized since the end of these periods. The seller or supplier is obliged to return the remainder of the price paid by the consumer within fifteen days of the termination notice, without interruption.

(6) The seller or supplier is obliged to take the necessary measures to carry out the procedures regarding the notifications and requests related to the termination of the subscription agreement, and to establish an appropriate system and keep this system open uninterrupted when necessary.

(7) Mandatory content of the contract, the rights and obligations of the consumer, seller and provider, and other implementation procedures and principles are determined by regulation.

Promotional applications organized by periodicals.

ARTICLE 53- (1) In promotional applications organized by periodicals and for whatever purpose and form, promotion, in which a second good or service is committed or given, except for the periodical publication, by means of ticket, coupon, affiliate number, game, raffle and similar means. No other goods or services may be provided other than cultural goods or services suitable for periodical publishing purposes.

(2) The duration of promotional applications that require a multiple purchase of the periodical and span over a certain period of time; may not exceed seventy-five days in daily periodicals, eighteen weeks in weekly publications, and twelve months in longer-term publications.

(3) Term broadcaster, delivered in the general promotion applications belonging to ads in applications subject to the goods or services in Turkey and to announce the program related to performance dates and delivery of those goods or services and the performance of the, from the end of the promotion applications must meet within forty-five days.

(4) During the promotion application, the sales price of the periodical cannot be increased due to the cost increase caused by the goods or services promised to be given as the second product. All or part of the cost of goods or services subject to the promotion application cannot be covered by the consumer.

(5) The commitment and distribution of the goods or services subject to the promotion application cannot be made by dividing and the integral or complementary parts of this good or service cannot be made as a separate promotion. Transactions related to each goods or service promised to be given as a second product in the implementation of this Law are considered as an independent promotion application.

(6) Promotional practices that are not regulated by the periodicals but are directly or indirectly associated with the periodicals are also subject to the provisions of this article.

(7) Procedures and principles regarding promotional practices are determined by a regulation.

 

FIFTH PART

Consumer Information and Protection of its Benefits

Price tag

ARTICLE 54- (1) Putting a label on the goods or packaging or containers of the retail sale, which can be easily seen and readable, showing the sales price and unit price including all taxes to be paid by the consumer, including the place of production and the separator features; In cases where it is not possible to put a label, it is obligatory to hang the lists containing the same information in suitable places so that they can be seen. The lists showing the tariffs and prices of the services are also arranged in accordance with the provisions of this article.

(2) In case there is a difference between the price indicated on the label, tariff and price lists and the price of the safe, the price in favor of the consumer is applied.

(3) The discount sales price of the goods or services subject to discount sales, the price before the discount, the tariff and price lists and their labels. The proof that the goods or services subject to sale are offered at a price lower than the price before the sale belongs to the seller or the supplier.

(4) The Ministry, municipalities and related chambers are responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.

(5) Label, tariff and price lists, the period for discount sales and other implementation procedures and principles are determined by the regulation.

Introductory and user guide

ARTICLE 55- (1) It is obligatory that the goods offered to the consumer be offered for sale with the Turkish introduction and usage guide regarding the promotion, use, installation, maintenance and simple repair, and with the label containing international symbols and signs when necessary.

(2) In case the issues related to the safe use of the goods are placed on the goods, the written and audio statements must be in Turkish.

(3) In the event that the goods can be harmful or dangerous to the health of the person and in accordance with the relevant technical regulation, explanatory information and warnings about this situation are clearly placed and read on the product or in the identification and usage guide in order to be used safely.

(4) Responsibility for the preparation of Turkish introductory and user manuals to the manufacturer and importer; The responsibility of proving that it is given to the consumer and delivered is under the seller.

(5) Which goods have to be sold with the introduction and usage guide and label, and the minimum elements to be found in them, and other implementation procedures and principles are determined by regulation.

Warranty certificate

ARTICLE 56- (1) Producers and importers are obliged to issue a warranty document for the goods produced or imported for the consumer, the content of which is determined by regulation. The responsibility of this document to be given to the consumer is the responsibility of the seller.

(2) The warranty period is at least two years starting from the delivery date of the product. However, due to its characteristics, the warranty conditions of some goods can be determined by the Ministry in another measurement unit.

(3) If the consumer has exercised his right to repair from the elective rights specified in article 11 of this Law, he may exercise his other elective rights in article 11, in case of failure of the goods again within the warranty period or if the maximum time required for repair is exceeded or it is not possible to repair it. The seller cannot refuse the consumer demand. If this request is not fulfilled, the seller, manufacturer and importer are jointly responsible.

(4) Which goods have to be sold with a warranty certificate and other implementation procedures and principles are determined by a regulation.

Optional warranty

ARTICLE 57- (1) Optional warranty is related to the goods or services provided that the consumer's legal rights are reserved; Refers to the additional commitment made by the seller, supplier, manufacturer or importer regarding changes, repairs, maintenance, reimbursement and similar matters.

(2) During the optional warranty commitment, the consumer cannot be charged for the use of the promised rights.

(3) The undertaking is also bound by the statements in the relevant advertisements and announcements in addition to its commitment. In this commitment, the consumer's legal rights are reserved, the conditions for benefiting from the warranty, the name of the guarantor and the contact information must be included.

(4) The voluntary warranty commitment must be given to the consumer in writing or via a permanent data storage.

(5) The discretionary warranty commitment binds the undertaker, even if it does not meet the specifications set forth in this article.

After sales services

ARTICLE 58- (1) Producers or importers are obliged to provide after-sales maintenance and repair services for the goods they produce or import during the life cycle determined by the Ministry.

(2) Producers or importers are obliged to obtain an after-sales service qualification certificate approved by the Ministry for the goods determined by the regulation.

(3) The repair time of a good in authorized service stations may not exceed the maximum period determined by the regulation.

(4) Manufacturers or importers may establish authorized service stations themselves, or they may benefit from the service stations or service organizations established on the condition that they are responsible for the services provided by the service stations.

(5) Service stations that operate, regardless of any manufacturer or importer, are also responsible to the consumer for their service.

(6) The seller, manufacturer and new importer are severally responsible for the provision of maintenance and repair services in the event that the importer's commercial activity ends in any way. After the warranty period, the manufacturer or the new importer must provide maintenance and repair services for the lifetime.

(7) The establishment, operation, number, features and other application procedures and principles of the service stations are determined by regulation.

Awareness of the consumer

ARTICLE 59- (1) Necessary additions are made by the Ministry of National Education to the curriculum of formal and non-formal education institutions in order to raise the awareness of the consumer.

(2) Radio and television organizations broadcasting across the country have to broadcast between 08.00 and 22.00, in order to raise the awareness of the consumer, not less than fifteen minutes a month. The date, time, duration and content information of the broadcasts made are reported to the Radio and Television Supreme Council regularly every month. Broadcasts made outside these hours are not included in the monthly fifteen minutes period. These periods are audited by the Radio and Television Supreme Council and their results are reported to the Ministry.

Consumer rewards

ARTICLE 60- (1) Consumer awards are the awards given for the purpose of encouraging and protecting the consumers and encouraging them to exercise their legal rights.

(2) It is essential that the awards given under the consumer award and similar names are given without providing any benefit and that these awards are based on the previously announced objective criteria.

(3) The procedures and principles regarding the award of the consumer award are determined by a regulation.

SIXTH PART

Commercial Advertising and Unfair Commercial Practices

Commercial advertisement

ARTICLE 61- (1) In connection with commercial advertisement, trade, business, craft or a profession; These are the marketing communication announcements made by advertisers in any media in written, visual, auditory and similar ways in order to ensure the sale or lease of a good or service, to inform or persuade the target audience.

(2) It is essential that commercial advertisements be true and honest in accordance with the principles, general morality, public order and personality rights determined by the Advertising Board.

(3) Commercial advertisements may not be used to deceive the consumer or to exploit his experience and knowledge, to endanger the safety of life and property, to encourage violence and crime, to disrupt public health, to exploit patients, the elderly, children and the disabled.

(4) Without explicitly declaring that it is an advertisement, it is considered as an implicit advertisement to include and present commercial names or business names in the text, news, broadcasts and programs for the purpose of advertising with names, brands, logos or other distinctive forms or expressions. . It is forbidden to make audio, written and visual covered advertisements in any communication medium.

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

(6) Advertisers are obliged to prove the accuracy of the claims in their commercial advertisements.

(7) Advertisers, advertising agencies and media organizations are obliged to comply with the provisions of this article.

(8) The restrictions to be imposed on commercial advertisements and the procedures and principles to be followed in these advertisements are determined by a regulation.

Unfair commercial practices

ARTICLE 62- (1) A commercial application; it is considered unfair if it fails to comply with the requirements of professional care and the average consumer it reaches or the average member of the group it is directed to significantly distorts or significantly distorts the economic behavior of the goods or services. Especially deceptive or aggressive practices and those included in the regulation annex are accepted as unfair commercial practices. Unfair commercial practices towards the consumer are prohibited.

(2) In the event that the commercial application is claimed to be unfair, the commercial application is obliged to prove that this application is not an unfair commercial application.

(3) In cases where unfair commercial practice is realized through advertisement, the provisions of article 61 of this Law are applied.

(4) The procedures and principles regarding the determination and supervision of unfair commercial practices and the practices that will be considered as unfair commercial practices in any case are determined by regulation.

Advertising Board

ARTICLE 63- (1) To determine the principles to be followed in commercial advertisements and to make arrangements for protecting the consumer against unfair commercial practices, to examine and supervise when necessary within the framework of these matters, to stop according to the result of inspection and inspection, or to correct the same method or administrative fines or when deemed necessary. In addition, an Advertising Board is established to issue a suspension penalty up to three months. The Board may delegate its authority to make a stop decision to the President of the Advertising Board. The decisions of the Board are implemented by the Ministry.

(2) Advertising Board, the Presidency of which is carried out by the relevant General Manager to be appointed by the Minister;

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

b) A member to be appointed by the Ministry of Justice among judges or prosecutors working in administrative duties in this Ministry,

c) One member to be assigned by the Ministry of Food, Agriculture and Livestock,

ç) One member to be assigned by the Ministry of Health,

d) One member to be assigned by the Ministry of Culture and Tourism,

e) One member to be appointed by the Radio and Television Supreme Council,

f) One member from the Turkish Standards Institute,

g) A member to be selected by Ankara, Istanbul and Izmir metropolitan municipalities among themselves,

ğ) A member to be appointed by the Higher Education Council among the academic staff specialized in advertising, communication or commercial law,

h) Turkey Union of Chambers and Commodity Exchanges, Turkey Media and Communication among the members to be appointed a member of the Assembly,

i) Turkey will appoint one member of the Confederation of Tradesmen and Artisans,

 

i) A member to be selected by the Consumer Council among the representatives of the consumer organizations participating in the Council,

j) A member to be selected by the advertisers' associations or their superior organizations, if any,

k) A member to be elected by the advertisers' associations or superior organizations, if any,

l) A pharmacist member to be assigned by the Turkish Pharmacists Association,

m) A dentist member to be assigned by the Turkish Dental Association,

n) A doctor member appointed by the Central Council of the Turkish Medical Association,

o) A lawyer appointed by the members of the Bar Association of Turkey,

It consists of nineteen members including the chairman.

(3) The term of office of the Board members is three years. Expired can be re-appointed or selected. If the memberships are vacated for any reason, the vacant memberships are appointed or elected within one month within the principles of the second paragraph. The task of the expired member continues until the new member starts his duty.

(4) The Board convenes at least once a month or whenever needed, upon the call of the President.

(5) The Board convenes when at least eleven members, including the Chairman, are present and decides with the absolute majority of those attending the meeting. In the event that the votes are equal, the party to which the President votes is the majority.

(6) Specialization commissions are established by the Ministry in sectoral areas to help the Board decide. The commissions consist of at least three and at most five people, including the chairman.

(7) The right to be paid to the Chairman and members of the Board, and the chairman and members of the specialized commission, and the remuneration fee and the related procedures and principles are determined by the Ministry by obtaining the appropriate opinion of the Ministry of Finance.

(8) The Board conducts its examination on the file containing the relevant documents. Secretariat services of the Board are performed by the General Directorate.

(9) The Board may consult the private universities, private legal entities and natural persons regarding matters requiring special expertise, if deemed necessary.

(10) Board decisions are announced by the Ministry in order to inform consumers, enlighten them and protect their economic interests.

(11) Establishment, duties, working principles and procedures, secretarial services and other issues of the Advertising Board and specialized commissions are determined by a regulation.

SEVENTH PART

Consumer Organizations

FIRST Chapter

Consumer Council and Advertising Council

Consumer Council

ARTICLE 64- (1) The Consumer Council convenes at least once a year under the coordination of the Ministry in order to investigate the necessary measures regarding the determination of consumer problems and needs and the protection of their interests, and to convey the opinions regarding the measures for the implementation of this Law to the relevant authorities.

(2) The number of representatives coming from the public institutions and organizations to the Consumer Council can in no way exceed fifty percent of the total number of members of the Council.

(3) Members of the Consumer Council, working procedures and principles and other issues are determined by a regulation.

Advertising Council

ARTICLE 65- (1) In order to follow contemporary communication practices regarding the development and implementation of advertising policies, to conduct research and studies on the development of the advertising industry and advertising control function, to make opinions and suggestions in this field and to convey these opinions and suggestions to the relevant authorities. The Advertising Council convenes at least once under the coordination of the Ministry.

(2) The number of representatives coming from the public institutions and organizations to the Advertising Council cannot be more than fifty percent of the total number of members of the Council.

(3) Members of the Advertising Council, their working principles and procedures and other issues are determined by a regulation.

SECOND Chapter

Consumer arbitration committee

Establishment and task area

ARTICLE 66- (1) The Ministry is responsible for establishing at least one consumer arbitration committee in provincial centers and district centers whose qualification conditions are determined by regulation in order to find solutions to disputes that may arise from consumer transactions and consumer-oriented practices.

(2) The consumer arbitration committee, whose presidency is executed by the provincial director of commerce in the provinces and the district governor or a clerk appointed by them;

a) A member to be appointed by the mayor among the expert municipal personnel,

b) A member to be assigned by the baron among his members,

c) In disputes where the seller is a merchant, the chamber of commerce and industry or, where these are organized separately, the chamber of commerce; In disputes where the seller is a tradesman and craftsman, a member to be appointed by the union of chambers of tradesmen and craftsmen in the provinces and a chamber of tradesmen and craftsmen with the highest number of members in the districts,

ç) A member that the consumer organizations will choose among themselves,

consists of five members, including the chairman. The reserves of the chairman and members with the qualifications specified in this paragraph are also determined.

(3) In places where the formation of the consumer arbitration committee cannot be established, deficient memberships are completed by the provincial director of trade in the provinces and the district governor in the districts among the civil servants with membership qualifications determined by the regulation.

Reporter

ARTICLE 67- (1) Rapporteurs can be employed in consumer arbitration committees located in provincial and district centers. In provinces where the number of rapporteurs is not sufficient, a sufficient number of rapporteurs are appointed by the trade provincial director among the personnel of the trade provincial directorate, and in the districts among the civil servants working in the district by the district governor.

(2) Consumer arbitration committee reporters are responsible for preparing the files that will be the basis of the delegation's work and decisions and submit the report on the dispute.

Reference (1)

ARTICLE 68- (1) Provided that the parties' rights in the Enforcement and Bankruptcy Law are reserved; It is obligatory to apply to district consumer arbitration committees in disputes less than four thousand Turkish Liras, to provincial consumer arbitration committees in disputes under six thousand Turkish Liras, to provincial consumer arbitration committees in disputes between four thousand Turkish Liras and six thousand Turkish Liras in provinces with metropolitan status. No application can be made to consumer arbitration boards for disputes above these values. (2nd)

(2) Consumer arbitration committees are obliged to accept the applications made to them in order to make them necessary.

(3) Applications can be made to the consumer arbitration committee at the place where the consumer is located or where the consumer transaction is made. Where there is no consumer arbitration panel, where the applications will be made and which consumer arbitration committee will decide on these applications are determined by a regulation.

(4) The monetary limits stated in this article shall be applied by increasing the revaluation rate determined and announced in accordance with the provisions of the repeating article 298 of the Tax Procedure Law dated 4/1/1961 and numbered 213 for that year, as of the beginning of each calendar year. The estimation of ten Turkish Lira is not taken into account in the calculation of these increases.

(5) This article does not prevent consumers from applying to alternative dispute resolution authorities according to the relevant legislation.

Examination

ARTICLE 69- (1) Consumer arbitration committees may request any information and document related to the dispute from the parties, relevant institutions or organizations.

Appeal against decision and decision

ARTICLE 70- (1) The decisions made by the provincial and district consumer arbitration committee bind the parties. (Additional sentence: 10/9/2014 - 6552/140 art.) It cannot be decided to pay a proxy fee by the consumer arbitration committees.

(2) Decisions of the consumer arbitration committee are notified to the parties in accordance with the provisions of the Notification Law No. 7201 dated 11/2/1959. The decisions of the consumer arbitration board are carried out in accordance with the provisions of the Execution and Bankruptcy Law on the fulfillment of the ilams.

(3) The parties can appeal against the decisions of the consumer arbitration board to the consumer court where the consumer arbitration board is located within fifteen days from the date of notification. The appeal does not stop the execution of the decision of the consumer arbitration board. However, provided that it is requested, the judge may stop the execution of the decision of the consumer arbitration panel by measure.

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(1) Regarding the implementation of the monetary limits in this article as of 1/1/2020, 68th Law on the Protection of Consumers and the Consumer Arbitration Committees Regulation of the Ministry of Commerce No. 6502 published in the Official Gazette dated 31/12/2019 and numbered 30995. See the Communiqué on Increasing Monetary Boundaries in the Article 11.

(2) With the 11th article of the Law No. 7063 dated 6/12/2017, the word “Value” in this paragraph is “Provided that the parties' rights in the Law on Enforcement and Bankruptcy are reserved; value "," two thousand "expressions" four thousand "and" three thousand "expressions were changed to" six thousand ".

(4) If the objection decision is in accordance with the law in terms of its essential law and the application of the law is wrong, the consumer court may decide to approve the document by changing or correcting the decision on the document. This provision also applies to the identity of the parties, their commercial titles and their mistakes in writing, account or other open expression. If the decision is in accordance with the procedure and the law and the justification shown is not correct, the decision is approved by changing or correcting it.

(5) Upon the objection against the decisions of the consumer arbitration committee, the decision of the consumer court is final.

(6) In case of objection filed against the decisions made by consumer arbitration committees in favor of the consumer, in case of cancellation of the decision, the attorney fee is ruled over the relative tariff against the consumer according to the minimum wage tariff.

(7) In the decisions made against the consumer by the consumer arbitration panel regarding the dispute, notification and expert fees are paid by the Ministry. In the event that the dispute results in favor of the consumer, according to the provisions of the Law on the Collection of Public Receivables No. 6183, dated 21/7/1953, the notification and expert fees are collected from the other side.

The right to peace and wages

ARTICLE 71- (1) The right to be paid to the president and members of the consumer arbitration committee, the other public personnel appointed as rapporteurs, and the fees and expert fees and the procedures and principles regarding these payments are determined by the Ministry by obtaining the appropriate opinion of the Ministry of Finance.

Other issues

ARTICLE 72- (1) The establishment, working procedures and principles of the consumer arbitration committees, the qualifications of the rapporteurs, and the procedures and principles related to the expertise organization and other issues are determined by regulation.

 

CHAPTER EIGHT

Provisions Regarding Judgment, Supervision and Punishment

Consumer courts

ARTICLE 73- (1) Consumer courts are in charge of cases regarding disputes that may arise from consumer transactions and consumer practices.

(2) Lawsuits filed by the Ministry, consumers and consumer organizations before the consumer courts are exempt from the fees regulated in the Law No. 492 of 2/7/1964.

(3) In the cases to be filed by the upper organizations of the consumer organizations, the expert fee and in case the case ends against the plaintiff, the power of attorney charged is paid by the Ministry. In the event that the lawsuit is concluded against the defendant, the expert's fee is collected from the defendant according to the provisions of the Law on the Collection Procedure of Public Receivables and the income is recorded in the budget.

(4) The cases to be heard in the consumer courts are executed in accordance with the provisions of the Sixth Section of the Civil Procedures Law No. 6100 dated 12/1/2011.

(5) Consumer lawsuits can also be filed at the consumer court in the place where the consumer is located.

(6) Consumer organizations, relevant public institutions and organizations and the Ministry; Apart from the provisions regarding unfair commercial practices and commercial advertisements, in cases where there is a threat to the prevention or stopping of this situation, which concerns the consumers in general and is in danger of occurrence of a situation contrary to this Law, it may sue in consumer courts to determine, prevent or stop the unlawful situation.

(7) In cases involving consumers in general, the claimant may request the publication of the decisions made. In the event that the request is accepted by the court, this decision is declared immediately in at least three of the newspapers published at the country level at the expense of the defendant.

(8) Finalized decisions made by the consumer courts are forwarded to the Ministry through the National Judicial Network Information System. The decisions made as a result of the objection against the decisions of the consumer arbitration committees are sent to the relevant consumer arbitration committee by the court that makes the decision.

Stopping production or sales and collecting goods

ARTICLE 74- (1) The Ministry, consumers or consumer organizations may file a lawsuit to determine that a series of goods offered for sale are defective, to stop their production or sale, to eliminate the defect and to collect them from those who hold them for sale.

(2) If it is determined by the court decision that the mass goods offered for sale are defective, the court may decide to temporarily stop the sale of the goods or eliminate the defect according to the quality of the defect. The manufacturer or importer is obliged to eliminate the defect of the property within three months from the notification date of the court decision. In the event that it is impossible to eliminate the defect of the good, the good is collected or collected by the manufacturer or importer. The collected goods are destroyed or partially destroyed depending on the risks they carry. The right of the consumer to sue and compensation for the destroyed property is reserved.

(3) The provisions of the Law on the Preparation and Implementation of the Technical Legislation on the Products are reserved in the event that a series of goods offered for sale carries a defect that endangers the safety of the consumer.

Audit

ARTICLE 75- (1) In the implementation of this Law, Ministry inspectors, customs and trade inspectors and personnel to be assigned by the Ministry are authorized to inspect, inspect and investigate wherever goods or services are provided.

(2) In cases covered by this Law, it is obligatory to give the original or certified copies of the documents to the authorized and authorized persons or organizations in the event that all kinds of information and documents are displayed or requested correctly.

Consumer product and service control

ARTICLE 76- (1) Consumer product; It is any new, used or improved product designed for use by consumers, including those used in the service sector, or intended to be used by consumers under reasonable conditions, either as a result of commercial activities or by other means or made available.

(2) Second-hand products that are antiques or need to be repaired or used before use are not considered within the scope of the first paragraph, provided that the manufacturer or distributor clearly informs the consumer.

(3) Consumer products and services provided to the consumer; It should not harm the safety of life and property and the environment, and it should comply with all administrative and technical regulations that must be implemented.

(4) The Ministry is responsible for carrying out market surveillance and inspection of consumer products for which it is responsible, according to the provisions of the Law on the Preparation and Implementation of Technical Legislation on Products.

Criminal provisions (1)

ARTICLE 77- (1) 4th, 6th, 7th, 18th, 19th, 20th, 21st, 23th, 26th, 30th, 33th, 35th, 48th, 49th of this Law An administrative fine of two hundred Turkish Liras shall be applied for each transaction or contract which is found to be contrary to those who act against the obligations specified in Articles 51, 52, 54 and 57.

(2) If the unfair terms determined pursuant to article 5 of this Law are used in consumer contracts, two hundred Turkish Liras administrative fines are imposed for each contract in which the violation is detected, in the event that this unfair condition is not removed from the text of the contract within the period to be given by the Ministry.

(3) 24th, 25th, 27th, 28th, 29th, 34th, 36th, 37th, 38th, 39th, 41st, 43th, 45th, 46th and 31st of this Law. each of those who act contrary to the obligations specified in the first, second and fourth, second, second, 47th, third, fourth, fifth, seventh and 50th clauses of the fourth, fifth, sixth, seventh, ninth and eleventh paragraphs. An administrative fine of one thousand Turkish Lira is applied for the transaction or contract.

(4) Twenty thousand Turkish Liras shall be applied for those who do not deliver against those who act against the obligations specified in article 44 of this Law, and a thousand Turkish Lira administrative fine for each transaction or contract which is contrary to the tenth paragraph of article 50.

(5) An administrative fine of one hundred thousand Turkish Liras shall be imposed on those who act against the obligations specified in the third paragraph of Article 40 of this Law and the second paragraph of Articles 47 and 50.

(6) Offered to the market about the manufacturer and importer, who act against the obligations specified in Articles 55 and 56 of this Law; Two hundred Turkish Lira administrative fines are applied for each goods sold to the consumer about the seller.

(7) An administrative fine of one hundred thousand Turkish Liras shall be imposed on those who are awarded in violation of the issues specified in Article 60 of this Law.

(8) Those who act in violation of the obligations specified in the third paragraph of article 31 of this Law, 42nd article and the eighth paragraph of article 50 are given one month to remedy this violation. In the event that the violation is not resolved at the end of this period, an administrative fine of five million Turkish Liras, five hundred thousand Turkish Liras shall be imposed on those who have issued a card that violates the third paragraph of Article 31, and those who act against the eighth paragraph of Article 50.

(9) Five thousand Turkish Liras about periodicals that act against the obligations specified in article 53 of this Law; If the contradiction is realized with the periodicals distributed throughout the country, an administrative fine of one hundred thousand Turkish Liras is applied. Serial publishing institution also stops the campaign and all kinds of advertisements and advertisements related to the campaign. As a continuation of the contradiction, an administrative fine of ten thousand Turkish Liras is applied for each issue / day from the date of the obligation to stop the advertisement and advertisement.

(10) One hundred thousand Turkish Liras for the producers and importers who act contrary to article 58 of this Law, in case the after sales service qualification certificate is not obtained; ten thousand Turkish Liras for each service station not established; administrative fines are imposed for each service station regarding the deficiencies and contradictions detected at the service stations.

(11) An administrative fine of ten thousand Turkish Liras shall be imposed on radio and televisions that act against the obligations specified in the second paragraph of Article 59 of this Law.

(12) A stop or correction or an administrative penalty for advertisers, advertising agencies and media organizations that act against the obligations specified in article 61 of this Law, and a penalty to stop for up to three months if necessary. The Advertising Board may give these penalties together or separately, depending on the nature of the violation. Contradiction;

a) Ten thousand Turkish Lira, if realized through the television channel broadcasting at the local level,

b) Two hundred thousand Turkish Liras, if realized through the television channel broadcasting across the country,

c) Half of the penalties specified in subparagraphs (a) and (b), if they have occurred through periodicals,

ç) Five thousand Turkish Liras, if realized through the radio channel broadcasting at the local level,

d) Fifty thousand Turkish Liras, if realized through the radio channel broadcasting throughout the country,

e) Fifty thousand Turkish Liras if it was realized through the Internet,

f) Twenty-five thousand Turkish Lira, if realized through a text message,

g) Five thousand Turkish Lira if it was realized through other channels,

administrative fines are imposed. If the violation subject to administrative transaction is repeated within one year, the Advertising Board may apply the administrative fines mentioned above up to ten times.

(13) For those who act against the obligations specified in article 62 of this Law, sanction of unfair commercial practice for up to three months or a penalty of five thousand Turkish Liras shall be imposed. The Board may issue these penalties together or separately, depending on the nature of the violation. The administrative fine is applied as fifty thousand Turkish Liras if the contradiction occurred across the country. In case it is determined that the violation is realized through advertisement, the twelfth paragraph of this article is applied.

(14) One hundred thousand Turkish Liras for manufacturers or importers who act against the obligations specified in Article 74 of this Law; An administrative fine of five thousand Turkish Liras shall be imposed on those who act against the obligations specified in the first paragraph of Article 79.

(15) For those who act against the obligations specified in the second paragraph of Article 75 of this Law, the right to provide information and documents or to provide on-site inspection opportunity within seven days is warned. In spite of the notice, administrative fines are imposed up to one percent of the annual gross income that occurred at the end of the previous fiscal year, not less than twenty five thousand Turkish Liras, in case of continuing the violation. In the event that the contrary action is repeated within one year, the administrative fine is applied twice.

(16) Two hundred Turkish Liras administrative fines are imposed for each transaction regarding the providers who provide services against the obligations specified in the third paragraph of Article 76 of this Law.

(17) In accordance with Article 80 of this Law, dated 26/9/2004 about those who started the pyramid sales system, organized it, or supported it for commercial purposes by using methods suitable for meeting, e-mail or the participation of many others, or for the promotion of such a system for other purposes. The relevant provisions of the Turkish Penal Code No. 5237 apply.

(18) An administrative penalty of one thousand Turkish Liras to fifty thousand Turkish Liras shall be imposed for those who are out of the above mentioned but do not comply with the obligations imposed by this Law and the measures determined by the Ministry by regulation or communiqué.

(19) Except for administrative fines in the eighth, ninth, twelfth and thirteenth paragraphs of this article, in cases where the total administrative penalty amount applied in a calendar year exceeds twenty five thousand Turkish Liras as of the date of the violation and not less than this amount total administrative fine, not to exceed million Turkish Liras;

a) The real or legal person who is the subject of the penalty may not exceed five percent of the annual gross income generated at the end of the previous fiscal year after the determination of the violation. In the event that the gross income did not occur in the previous year, the gross income generated as of the date of detection is taken into consideration. In cases where gross income is not reported or reported incorrectly, this paragraph shall not apply.

b) For banks, consumer lending financial institutions and issuers, it cannot exceed five thousandth of its own resources published in the latest financial statements disclosed to the public.

(20) Applying administrative sanctions in accordance with this Law does not prevent the procedures to be performed in accordance with other laws. The Ministry is authorized to eliminate the hesitations that may occur in the implementation of this article.

Compromise

ARTICLE 77 / A- (Annex: 28/11 / 2017-7061 / 116 art.)

(1) Regarding the administrative fines envisaged in this Law, if the alleged violations arise from the inability to penetrate the provisions of the law or misinterpretation of the provisions of the law, or the judgment and the administration's difference in opinion in the event of dispute, the provisions of this article within the framework of the address of administrative fines.

(2) Except for the administrative fines imposed by the Advertising Board, an agreement may be requested within the scope of this article against administrative fines imposed by the Ministry and administrative fines imposed by the governorships.

(3) A reconciliation request is made for administrative fines that have not yet been applied to the administrative judiciary within fifteen days from the date of notification of the administrative fine decision. In case of a request for reconciliation, the time for filing a lawsuit stops; If there is no compromise, the period starts from where it left off. If reconciliation cannot be achieved, reconciliation cannot be requested.

(4) The reconciliation requests made under this article are evaluated by the reconciliation commissions. Reconciliation minutes of reconciliation commissions are final and they are immediately fulfilled by the administration. The criminal addressee cannot file a lawsuit and file a complaint against any of the issues agreed on and determined by the minutes.

(5) In case of reconciliation, the discount rate on administrative fines cannot exceed fifty percent. In accordance with Article 17 of the Law on Misdemeanors dated 30/3/2005 and numbered 5326 regarding administrative fines for which reconciliation requests are made pursuant to this article, the advance payment discount cannot be used. Administrative fines, which are subject to settlement, are notified at the time of settlement and paid within fifteen days after notification.

(6) The right of peace and remuneration to be given to the chairmen and members of the reconciliation commissions due to their work in these commissions are determined by the Ministry by obtaining the appropriate opinion of the Ministry of Finance.

(7) The procedures and principles regarding the establishment and operation of the reconciliation commissions and the applications to be made under this article are regulated by a regulation.

Authority and objection in penalties

ARTICLE 78- (1) The administrative sanctions in the second, seventh, eighth, ninth and eleventh paragraphs of article 77 of this Law are issued by the Ministry; Administrative sanctions decided by the Advertising Board in accordance with the twelfth and thirteenth paragraphs are applied by the Ministry. Administrative sanctions in other paragraphs are issued by the governorate where the center of the sanction is applied.

(2) Against administrative sanction decisions made in accordance with the provisions of this Law, administrative judgment may be applied according to the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982. However, in the administrative court, the case is opened within thirty days from the day following the notification of the transaction. The fact that the lawsuit has been filed in the administrative court does not stop the execution of the decision.

(3) Administrative fines imposed under this Law must be paid within one month from their notification.

CHAPTER NINE

Various Provisions

Food imitation products

ARTICLE 79- (1) Although they are not food products, they look different than they are due to their shape, odor, color, appearance, packaging, label, volume or dimensions and therefore, they are mixed with food products by consumers, especially children, and endanger the health and safety of consumers. Production, marketing, import and export of products are prohibited. Although they are not food products, products that are produced as a traditional handicraft product and do not harm health are excluded from this provision provided that they have a warning sign and inscription.

(2) The Ministry is authorized to take necessary measures and make arrangements against these products, which look different from what they are, and endanger the health and safety of consumers.

(3) The provisions of the Law on the Preparation and Implementation of the Technical Legislation on Products for the measures to be taken in case of determining the insecurity of these products placed on the market and the reporting of these measures to the European Commission.

(4) The Ministry is responsible for conducting market surveillance and inspection of products within this scope.

(5) The consumers who purchase food imitation products have the right to sue due to financial and moral damages.

Pyramid sales systems

ARTICLE 80- (1) Pyramid sales; it is unrealistic or very difficult to realize, in return for showing its participants a certain amount of money or assets, providing the system with the opportunity to earn money or assets under the same conditions and making the acquisition of assets fully or partially comply with the conditions. earning expectation system.

(2) It is forbidden to install, spread or recommend the pyramid sales system.

(3) The Ministry is authorized to carry out the necessary examinations regarding the pyramid sales systems and to take necessary measures in cooperation with the relevant public institutions or organizations, including stopping the electronic system in our country, if any.

Testing, inspection and analysis

ARTICLE 81- (1) The Ministry may use the laboratories of public or private institutions for the implementation of this Law. Test and inspection fees are covered from the Ministry's budget.

(2) In the event that the test and inspection results violate the relevant administrative and technical regulations, all expenses related to this are collected from the manufacturer or importer according to the provisions of the Law on Collection Procedure of Public Receivables. The test and inspection fees collected are recorded as income in the budget.

Allowance

ARTICLE 82- (1) The costs related to the activities of the Advertising Board, the Advertising Council, the Consumer Council and the consumer arbitration committees, the expenses of the Ministry for the purpose of protecting the consumer and other expenses are covered by the appropriation to be included in the Ministry's budget.

Other provisions

ARTICLE 83- (1) In cases where there is no provision in this Law, general provisions are applied.

(2) The regulation of one of the parties in other laws related to the transactions created by the consumer does not prevent this transaction from counting as the consumer transaction and the enforcement of the provisions of this Law regarding the duties and powers.

Regulations and other regulatory actions

ARTICLE 84- (1) The Ministry is authorized to take the necessary measures and make arrangements within the framework of the legislation regarding the implementation of this Law.

(2) Regulations envisaged in this Law shall be issued by the Ministry within six months from the effective date of the Law.

(3) In the secondary regulations to be issued by the Ministry, the opinions of the relevant public institutions and organizations, professional organizations of public institutions, non-governmental organizations and professional organizations are taken.

Squad creation (1)

ARTICLE 85- (1) The cadres included in the attached list have been added and the annex of the Decree Law No. 13 on General Staff and Procedure dated 13/12/1983 and numbered (I) has been added to the section of the Ministry of Customs and Trade.

Repealed provisions

ARTICLE 86- (1) The Law No. 4077 on Consumer Protection dated 23/2/1995 has been repealed. References to the Law on Consumer Protection in other legislation are deemed to have been made to this Law.

Transition provisions

PROVISIONAL ARTICLE 1- (1) Lawsuits filed before the effective date of this Law continue to be heard in courts where they are brought.

(2) As a rule, the provisions of that law are applied to the consumer transactions prior to the effective date of this Law, whether they are legally binding and their results, whichever law took place while these transactions were in force. But:

a) The provisions of contracts established before the effective date of this Law that are still valid and contrary to this Law shall not be applied as of the effective date.

b) If the right-to-time periods and timeout periods that have started to operate before the effective date of this Law have not expired, the right-to-time or timeout period expires after the period set forth in this Law has passed.

(3) Until the regulations envisaged in this Law come into force, the provisions of the regulation and other legislation that are not in violation of this Law, based on the Law on the Protection of Consumers repealed by this Law, are applied.

Force

ARTICLE 87- (1) This Law comes into force six months after its publication.

Executive

ARTICLE 88- (1) The Council of Ministers executes the provisions of this Law.

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(1) Regarding the positions in this article, see the Official Gazette dated 28/11/2013 and numbered 28835.

Law No. 6502 ON CONSUMER PROTECTION

TABLE OF ADMINISTRATIVE MONEY CRIMINALS IN ARTICLE 77

(With the Communiqué of the Ministry of Customs and Trade published in the Official Gazette dated 31/12/2017 and numbered 30287, the amount of administrative fines regulated in the article 77 of the Law on the Protection of Consumers no.