Legal Information
Law Number: 4077
Date of Acceptance: 23/2/1995
Published in Official Gazette: Date: 8/3/1995 Number: 22221
Published Code: Series: 5 Volume: 34
PART ONE
Purpose, Scope, Definitions
Aim
Article 1- The purpose of this Law is to take measures to protect, enlighten, educate, compensate for damages, and protect consumers from environmental hazards in accordance with the public interest, to protect their health and safety and economic interests, and to encourage consumers to take self-protective initiatives and to regulate matters related to encouraging voluntary organizations in the formation of policies on this issue.
Scope
Article 2- This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and services markets for the purposes specified in Article 1.
Definitions
Article 3 – (Amended: 6/3/2003-4822/3 art.) In the implementation of this Law;
a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods that are the subject of purchase and sale, immovable properties for residential and holiday purposes, and software, sound, images and similar intangible goods prepared for use in electronic media,
d) Service: Any activity other than providing goods in return for a fee or benefit,
e) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
f) Seller: Real or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities,
g) Provider: Natural or legal persons, including public legal entities, who provide services to consumers within the scope of their commercial or professional activities,
h) Consumer transaction: Any legal transaction between the consumer and the seller-provider in the goods or service markets,
i) Manufacturer-Producer: Those who produce goods or services offered to consumers, or the raw materials or intermediate goods of these goods or services, including public legal entities, and those who put their own distinctive sign, trademark or title on the goods and offer them for sale,
j) Importer: A real or legal person, including public legal entities, who brings goods or services offered to consumers or the raw materials or intermediate goods of these goods or services from abroad and offers them for sale,
k) Creditor: Banks, private finance institutions and financing companies that are authorized to provide cash loans to consumers in accordance with their legislation,
l) Advertiser: A natural or legal person who publishes, distributes or otherwise exhibits advertisements containing his/her company or goods/service brand in order to promote the goods/services he/she produces or markets, to increase their sales or to create and strengthen his/her image.
m) Advertiser: A commercial communication expert, real or legal person, who prepares commercial advertisements and announcements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser.
n) Media organization: The real or legal person who owns, operates or rents the communication channels or any kind of tool that delivers commercial advertisements or announcements to the target audience.
o) Technical regulation: All kinds of regulations that must be complied with, including standards published in the Official Gazette by the relevant Ministry and put into mandatory practice, specifying one or more of the features, processing and production methods, related terminology, symbols, packaging, marking, labeling and conformity assessment processes of a product or service, including the relevant administrative provisions.
p) Consumer organisations: Associations, foundations or their parent organisations established for the purpose of protecting consumers,
r) (Added: 21/2/2007-5582/21 art.) Housing finance institution: Institutions specified in the second paragraph of Article 38/A of the Capital Markets Law No. 2499,
It expresses.
PART TWO
Consumer Protection and Enlightenment
Defective Goods
Article 4- (Amended: 6/3/2003-4822/4 art.) Goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, introduction and user manual or advertisements and announcements or declared by the seller or determined in their standards or technical regulations or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of their allocation or purpose of use are considered defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the product. In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free equivalent, or to request a discount in proportion to the defect, or to request free repair. The seller is obliged to fulfill this request made by the consumer. Along with one of these optional rights, the consumer also has the right to request compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or damage to other goods in use.
(Amended third paragraph: 21/2/2007-5582/22 art.) The manufacturer-producer, seller, dealer, agent, importer and the creditor according to the fifth paragraph of Article 10 or the ninth paragraph of Article 10/B are jointly and severally liable for the defective goods and the optional rights of the consumer set forth in this article. According to the ninth paragraph of Article 10/B, the liability of the housing finance institution that provides the loan is limited to a period of 1 year from the date of delivery and the amount of the loan it has provided. Even in the event that the loans provided by housing finance institutions according to the ninth paragraph of Article 10/B are transferred, the liability of the housing finance institution that provides the loan continues. The institution that takes over the loan shall not be liable within the scope of this article. If more than one person is liable for the damage caused by the defective goods, they shall be jointly and severally liable. Not knowing that the goods sold are defective does not eliminate this liability.
If those held liable for defects under this article have not assumed liability for defects for a longer period, liability for defective goods is subject to a two-year limitation period starting from the date of delivery of the goods to the consumer, even if the defect has occurred later. This period is five years for residential and holiday-related real estate. Claims for all kinds of damages caused by defective goods are subject to a three-year limitation period. These claims are extinguished ten years after the day the goods causing the damage were put on the market. However, if the defect of the goods sold was concealed from the consumer by the seller's gross negligence or fraud, the limitation period cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is mandatory for the manufacturer or seller to place a label on the defective product or its packaging that the consumer can easily read, stating "defective". This label is not required in places where only defective products are sold or where a section such as a floor or aisle is permanently dedicated to the sale of defective products in a manner that the consumer can know. The fact that the product is defective is indicated on the invoice, receipt or sales document given to the consumer.
Unsafe goods cannot be placed on the market even with a defective label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.
These provisions also apply to any consumer transaction related to the sale of goods.
Defective Service
Article 4/A- (Added: 6/3/2003-4822/5 art.) Services that are contrary to the quality or quantity affecting the quality determined in the advertisements and announcements or standards or technical rules declared by the provider, or that contain material, legal or economic deficiencies that reduce or eliminate their value in terms of use or the benefits expected from them by the consumer, are considered defective services.
The consumer is obliged to notify the provider of this defect within thirty days from the date of the service. In this case, the consumer has the right to withdraw from the contract, to have the service performed again or to have a discount on the price in proportion to the defect. If the consumer's termination of the contract cannot be justified due to the circumstances, a discount on the price will be sufficient. The consumer may also request compensation within the framework of the conditions specified in Article 4 together with one of these optional rights. The provider is obliged to fulfill this request chosen by the consumer.
The provider, dealer, agent and the creditor according to the fifth paragraph of Article 10 are jointly and severally liable for the defective service and any damage caused by the defective service and the consumer's optional rights set forth in this article. Not knowing that the service provided is defective does not eliminate this liability.
If no longer warranty is provided, claims for defective service are subject to a two-year limitation period from the date of the service, even if the defect is discovered later. Claims for all kinds of damages caused by defective service are subject to a three-year limitation period. However, if the defect in the service provided was concealed from the consumer by the provider's gross negligence or fraud, the limitation period cannot be used.
Except for the provisions regarding liability for damages caused by defective service, the above provisions do not apply to services acquired knowing that they are defective.
These provisions also apply to any consumer transaction related to the provision of services.
Avoid Selling
Article 5- (Amended: 6/3/2003-4822/6 art.) If a product that does not bear the phrase "sample" or "not for sale" is displayed in a showcase, on a shelf or in any clearly visible place of a commercial establishment, the seller cannot refrain from selling these goods.
It is also not possible to avoid providing services without a justified reason.
Unless there is a custom, tradition or usage to the contrary, the seller cannot make the sale of a good or service dependent on the quantity, number or size determined by the seller or on the purchase of another good or service. This provision also applies to other contracts for the sale of goods and provision of services.
Unfair Terms in the Contract
Article 6- (Amended: 6/3/2003-4822/7 art.) Contract terms that are unilaterally introduced into the contract by the seller or provider without negotiation with the consumer and that cause an imbalance in the rights and obligations of the parties arising from the contract, to the detriment of the consumer, in a manner contrary to the principle of good faith, are unfair terms.
Unfair terms included in any contract in which the consumer is one of the parties are not binding on the consumer.
If a contract term has been prepared in advance and the consumer cannot influence its content, especially because it is included in the standard contract, it is deemed that the contract term has not been negotiated with the consumer.
If the contract is evaluated as a whole and it is concluded that it is a standard contract, the fact that certain elements of a condition or an individual provision in this contract have been negotiated does not prevent the application of this clause to the remaining part of the contract.
If a seller or provider claims that a standard term was discussed individually, the burden of proof lies with him. Consumer contracts that are required to be drawn up in writing in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A shall be drawn up in bold letters with a minimum font size of twelve points, and if one or more of the terms required to be included in the contract are not present, the deficiency shall not affect the validity of the contract. This deficiency shall be immediately remedied by the seller or provider. The Ministry shall determine the procedures and principles regarding the detection of unfair terms included in standard contracts and ensuring their removal from the contract text.
Installment Sale
Article 6/A- (Added: 6/3/2003-4822/8 art.) Installment sales are the type of sales in which the sales price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.
The installment sales contract must be made in writing. The minimum conditions that must be included in the contract are shown below:
a) Name, title, full address and, if any, contact information of the consumer and the seller or provider,
b) Cash sales price of the goods or services in Turkish Lira, including taxes,
c) Total sales price in Turkish Lira to be paid with interest according to maturity,
d) The interest amount, the annual rate at which the interest is calculated, and the default interest rate, which shall not exceed thirty percent of the interest rate specified in the contract.
e) Down payment amount,
f) Payment plan,
g) Legal consequences of the debtor's default.
The seller or provider is obliged to ensure that this information is included in the contract and to provide a copy of the contract concluded between the parties to the consumer. If a promissory note in the nature of a negotiable instrument is to be drawn up separately from the contract, this promissory note shall be drawn up separately for each installment payment and only in registered form. Otherwise, the bill of exchange shall be invalid.
In installment sales, the consumer has the right to pay the total amount owed in advance. The consumer can also pay one or more installments, provided that it is not less than one installment. In both cases, the seller is obliged to make the necessary interest reduction according to the amount paid.
If the seller or provider reserves the right to demand payment of the entire remaining debt in the event of non-payment of one or more of the installments, this right may only be exercised if the seller or provider has fulfilled all of its obligations and if the consumer is in default in paying at least two consecutive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or provider to exercise this right, it must give a notice of acceleration by giving at least one week.
The terms of the contract cannot be changed in any way to the detriment of the consumer.
Timeshare
Article 6/B – (Added: 6/3/2003-4822/9 art.) Timeshare contracts are written contracts or groups of contracts that are made for a minimum period of three years and include the transfer or commitment to transfer the right to use one or more real estates for a certain or to be determined period of time during the year and not less than one week, and a copy of which must be given to the consumer.
The Ministry determines the procedures and principles regarding timeshare contracts.
Package Tour
Article 6/C- (Added: 6/3/2003-4822/10 art.) Package tour contracts are written contracts arranged in advance, in which at least two of the services of transportation, accommodation and other touristic services that are not considered auxiliary to these are sold or promised to be sold at an all-inclusive price, and which cover a period longer than twenty-four hours or include overnight accommodation, and a copy of which must be given to the consumer.
The Ministry determines the procedures and principles regarding package tour contracts.
Promotional Sales
Article 7- (Amended: 6/3/2003-4822/11 art.) Campaign sales are sales made by accepting the consumer as a participant in campaigns organized by announcing them through newspaper, radio, television advertisements and similar means, and by delivering or performing the goods or services later.
Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales are subject to permission, down payment, installment amount, delivery period, manufacturer's guarantee, deposit and the procedures and principles to be followed in campaign sales.
(Amended third paragraph: 21/2/2007-5582/23 art.) In case the delivery or performance of the advertised and promised goods or services is not made at all or as required, the seller, provider, dealer, agent, manufacturer-producer, importer and the creditor according to the fifth paragraph of Article 10 are jointly and severally liable. In case the delivery of the advertised and promised house is not made at all, as required or on time, the housing finance institution that provides the loan according to the ninth paragraph of Article 10/B is jointly and severally liable together with the seller, provider, dealer, agent, manufacturer-producer, importer for the amount of the loan it has provided. Even in the event that the loans provided by housing finance institutions according to the ninth paragraph of Article 10/B are transferred, the liability of the housing finance institution that provides the loan continues. The institution that takes over the loan shall not be liable within the scope of this article. Once the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay the entire amount paid by the consumer up to that point, provided that the delivery date of the goods or services to the consumer is not exceeded.
The person organising the campaign must provide the consumer with a copy of the written contract to be drawn up for sales with a campaign, which includes information on the "campaign end date" and "date and method of delivery or performance of the goods or services" in addition to the information specified in the second paragraph of Article 6/A.
Unless otherwise agreed in the contract, the advance payment amount cannot exceed forty percent of the sales price of the goods or services. In promotional sales, the delivery period of the goods or performance of the service cannot exceed twelve months. For residential and holiday real estate, this period is thirty months.
If the consumer fulfills all obligations regarding payment, the delivery of the goods or the performance of the service must be made within one month at the latest following the completion of payment.
The provisions of article 6/A also apply to promotional installment sales.
Door to Door Sales
Article 8- (Amended: 6/3/2003-4822/12 art.) Door-to-door sales are sales made outside of sales venues such as workplaces, fairs, and fairs.
The Ministry determines the qualifications required for those who will make door-to-door sales, door-to-door sales that are and are not subject to this Law, and the application procedures and principles regarding door-to-door sales.
In such sales; the consumer is free to accept the goods within seven days from the date of receipt or to reject them without giving any reason and without assuming any obligation. In the sale of services, this period starts from the date the contract is signed. Before this period expires, the seller or provider cannot ask the consumer to make a payment under any name or provide any document that imposes a debt in return for the goods or services subject to the door-to-door sales transaction. The seller is obliged to take back the goods within twenty days from the moment the notice of withdrawal reaches him. The consumer is not responsible for changes and deteriorations in the goods due to their ordinary use.
The provisions of Article 6/A shall apply separately to door-to-door sales made in installments, and the provisions of Article 7 shall apply separately to door-to-door sales with campaigns.
Liability of Seller and Provider in Door to Door Sales
Article 9- (Amended: 6/3/2003-4822/13 art.) In door-to-door sales contracts, in addition to the other elements that must be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the full address to which the notice of withdrawal will be made and the following phrase written in bold black letters and at least sixteen points in size must be included:
We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the notice of withdrawal reaches the seller/provider.
The consumer signs the contract, which also includes his/her rights, and writes the date in his/her own handwriting. The seller or provider is obliged to ensure that this information is included in the contract and to give the consumer a copy of the contract concluded between the parties.
It is the responsibility of the seller or provider to prove that a contract has been concluded in accordance with the provisions of this article and that the goods have been delivered to the consumer. Otherwise, the consumer is not bound by the seven-day period to exercise his right of withdrawal.
Distance Contracts
Article 9/A- (Added: 6/3/2003-4822/14 art.) Distance contracts are contracts made in written, visual, telephone and electronic media or using other means of communication, without meeting the consumer face to face, and in which it is agreed that the goods or services will be delivered or performed to the consumer immediately or later.
Before the conclusion of a distance sales contract, it is mandatory to provide the consumer with the information to be determined in a circular to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he/she has received this information. In contracts made electronically, the confirmation process is also made electronically.
The seller and the provider shall fulfill their obligations within thirty days from the moment the consumer receives the order. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing in advance.
The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer electronically were delivered without defects.
The provisions regarding door-to-door sales also apply to distance contracts, except for the provisions that the consumer cannot be asked to make a payment under any name or provide any document that would impose a debt in return for the goods or services that are the subject of the contract during the period of the right of withdrawal.
The seller or provider is obliged to return the amount received, the valuable documents and any documents that put the consumer in debt due to this legal transaction within ten days from the date on which the notice of withdrawal reaches him/her, and to take back the goods within twenty days.
Consumer Credit
Article 10- (Amended: 6/3/2003-4822/15 art.) Consumer credit is a credit received by consumers in cash from a creditor in order to obtain a good or service. The consumer credit agreement must be made in writing and a copy of this agreement must be given to the consumer. The credit terms stipulated in the agreement concluded between the parties cannot be changed to the detriment of the consumer during the term of the agreement.
In the contract;
a) Consumer loan amount,
b) Total amount of debt including interest and other elements,
c) The annual rate at which the interest is calculated,
d) Payment plan in which payment dates, principal, interest, funds and other expenses are specified separately,
e) Guarantees to be requested,
f) Delay interest rate not to exceed thirty percent of the contractual interest rate,
g) Legal consequences of the debtor's default,
h) Conditions for closing the loan before maturity,
i) In case the loan is used in a foreign currency, the conditions regarding the date on which the exchange rate will be taken into account in calculating the installments for repayment and the total loan amount,
It takes place.
If the creditor reserves the right to demand the payment of the entire remaining debt in the event of non-payment of one or more installments, this right can only be exercised if the creditor has fulfilled all its obligations and if the consumer is in default in paying at least two consecutive installments. However, in order for the creditor to exercise this right, it must give a notice of acceleration by giving a period of at least one week. In cases where a personal guarantee is provided as collateral for the consumer credit, the creditor cannot demand the payment of the debt from the guarantor without applying to the principal debtor.
The consumer may pay the total amount owed to the creditor in advance, or may make one or more installment payments that are not due. In both cases, the creditor is obliged to make the necessary interest and commission deductions based on the amount paid. The Ministry determines the procedures and principles at which the necessary interest and commission deductions will be made based on the amount paid.
If the creditor grants consumer credit on the condition that a certain brand of goods or services are purchased or a sales contract is made with a certain seller or provider, the creditor will be jointly and severally liable to the consumer together with the seller or provider if the goods or services sold are not delivered or performed at all or on time.
The creditor is prohibited from tying payments to a negotiable instrument or securing the loan by accepting a negotiable instrument. If a negotiable instrument is received from the consumer despite this prohibition, the consumer has the right to demand the return of the negotiable instrument from the creditor. In addition, the creditor is obliged to compensate the consumer for the damages incurred by the endorsement of the negotiable instrument.
Credit Cards
Article 10/A- (Added: 6/3/2003-4822/16 art.) Credits that are converted into cash credits as a result of purchasing goods or services with a credit card or used by withdrawing cash with a credit card are also subject to the provisions of Article 10. However, subparagraphs (a), (b), (h) and (ı) of the second paragraph of Article 10 and the provisions of the fourth paragraph shall not apply to such credits.
Periodic account statements sent to the consumer by the creditor are in the nature of the payment plan stipulated in subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount stated in the periodic account statement is not paid on time, the consumer cannot be subject to any liability under any name other than the default interest stated in subparagraph (f) of Article 10.
The creditor must notify the consumer of the interest rate increase thirty days in advance. The interest rate increased by the creditor cannot be applied retroactively. The consumer will not be affected by the interest rate increase if he/she pays the entire debt and ceases using the credit within sixty days from the date of notification.
In cases where goods or services are purchased with a credit card, the seller or provider cannot ask the consumer to make an additional payment under the name of a commission or something similar.
Housing Finance Agreements
Article 10/B – (Added: 21/2/2007-5582/24 art.) Housing finance institutions are required to provide general information to consumers regarding credit or financial leasing transactions prior to the contract and to provide a Pre-Contract Information Form containing the terms of the credit or financial leasing contract they offer to the consumer. The consumer is free to accept or reject the offer.
The scope of general information to be provided by housing finance institutions and the standards of the Pre-Contract Information Form are determined by the Ministry by taking the opinions of the relevant unions. A contract signed before one business day has passed following the delivery of the Pre-Contract Information Form to the consumer is invalid.
Housing finance contracts must be made in writing and a copy of this contract must be given to the consumer. The terms and conditions stipulated in the contract concluded between the parties cannot be changed to the detriment of the consumer during the contract period.
If the debtor goes into default, the housing finance institution is obliged to notify the debtor via registered mail within five business days from the date of default.
If the housing finance institution has reserved the right to demand payment of the entire remaining debt in the event of non-payment, this right can only be exercised if the consumer is in default on at least two consecutive payments. In order for the housing finance institution to exercise this right, it must give a notice of acceleration, giving at least one month.
In financial leasing transactions, if the housing finance institution terminates the financial leasing agreement in order to exercise its right to pay the entire remaining debt after the expiration of the period given in the consumer’s notice of acceleration, it is obliged to immediately put the house up for sale. Before the sale, the housing finance institution shall have the house valued by persons or institutions authorized pursuant to Article 22, paragraph 1, subparagraph (r) of the Capital Markets Law No. 2499. The value appraised shall be notified to the consumer at least ten business days before the sale. The housing finance institution shall act as a prudent merchant by taking into account the appraised value and shall sell the house. The consumer shall be responsible for the portion of the housing finance institution’s loss exceeding the amount obtained from the sale of the house. If the amount obtained from the sale of the house exceeds the remaining debt, the excess shall be paid to the consumer. Articles 7, 25 and 31 of the Financial Leasing Law No. 3226 shall not apply to financial leasing transactions for housing finance.
Following the sale of the house and the payment to the consumer of the amount exceeding the remaining debt, the consumer or third parties in possession of the house, if the possession has been transferred, are under the obligation to evacuate the house. If the house is not evacuated, the owner of the house may apply for enforcement against the consumer or third parties in possession of the house, if the possession has been transferred, in accordance with Articles 26 and 27 of the Execution and Bankruptcy Law No. 2004.
In cases where a personal guarantee is given as collateral for the financing used, the housing finance institution cannot request the fulfillment of the debt from the guarantor without resorting to the principal debtor and other collateral.
In transactions originating from housing finance defined in the first paragraph of Article 38/A of the Capital Markets Law No. 2499, if the housing finance institution granting the loan is provided on the condition that a specific house is purchased or a sales contract is made with a specific seller, if the house is not delivered at all or on time, the creditor and the seller shall be jointly and severally liable to the consumer for the amount of the loan provided. Even if the loans granted by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed security collateral pools, the liability of the housing finance institution granting the loan shall continue. The institution taking over the loan shall not be liable within the scope of this article. It is prohibited for the housing finance institution to tie payments to a negotiable instrument or to secure it by accepting a negotiable instrument. If a negotiable instrument is received from the consumer despite this prohibition, the consumer has the right to request the return of this negotiable instrument from the housing finance institution. In addition, the housing finance institution is obliged to compensate the consumer for the damages suffered by the consumer due to the transfer of the negotiable instrument to someone else.
The portion of the repayment amounts in loans and the rental fees in financial leasing transactions that exceed the principal is considered as interest within the scope of this article.
In loans for housing finance and financial leasing transactions, the interest rate may be determined as fixed, variable or based on both methods for the same loan, provided that the rate is determined as fixed. The rate initially determined in the contract cannot be changed without the mutual consent of both parties. If the rate is determined as variable, the rate initially determined in the contract may be changed based on an index generally accepted and widely used in the country or abroad, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount initially determined in the contract. If the rates are determined as variable, consumers must be informed about the possible effects of this method. The reference interest rates and indices that can be used for these purposes are determined by the Central Bank of the Republic of Turkey, and the procedures and principles regarding the methods of informing consumers are determined by the Ministry.
The consumer may pay the total amount owed to the housing finance institution in advance, or may make one or more payments before the due date. In both cases, the housing finance institution is obliged to make the necessary interest reduction for the installments paid before the due date. The relevant regulation provisions issued by the Ministry are applied in calculating the necessary interest reduction and the annual cost rate of the loan to the consumer according to the amount paid.
If the interest rate is determined as fixed, the housing finance institution may charge the consumer an early payment fee if one or more payments are made before the due date, provided that the contract includes this. The early payment fee cannot exceed two percent of the amount calculated by making the necessary interest deduction and paid early to the housing finance institution by the consumer. If the rates are determined as variable, the consumer cannot be charged an early payment fee.
Housing finance agreements must include at least the following elements:
a) Loan amount for housing loan agreements, total rental amount for financial leasing agreements,
b) Information regarding the house on which a mortgage is established for loan agreements, and the house subject to financial leasing for financial leasing agreements.
c) Annual interest rate and annual cost rate (in variable interest contracts, annual interest rate and annual cost rate are calculated separately for the initial and maximum interest rate),
d) Distribution of the total debt amount in terms of principal, interest and other expenses (total debt amounts to be calculated based on the initial interest rate or rental fee and the maximum interest rate or rental fee in variable interest agreements),
e) The method of calculating the change in the index and interest rate or rental fees used in variable interest contracts,
f) A payment plan prepared periodically for the first year and annually for the remaining years, including the principal paid, interest paid, other expenses, remaining principal, repayment or rental fees for the relevant periods (In variable interest contracts, two separate payment plans are created using the initial and maximum interest rates).
g) Number of repayments or rental payments, payment dates, when payments will be made in case the determined payment date falls on a public holiday, first and last payment dates,
h) Guarantees to be requested,
i) In case of default in payments, the default interest rate for loan agreements, not to exceed thirty percent of the contractual interest rate (current interest rate for variable interest agreements), and the default interest rate to be applied for financial leasing agreements,
j) Legal consequences of the debtor's default,
k) Conditions for making loan repayments or lease payments before their due date and principles for calculating early payment fees if they are foreseen in fixed interest contracts,
l) If the loan or rental fee is determined in a foreign currency, the conditions regarding the date on which the exchange rate will be taken into account in calculating the rental and repayment amounts and the total debt amount,
m) Situations that may require a valuation of the house that is the subject of the contract and who can perform the valuation,
n) Insurance information regarding the house subject to the contract, if any.
The distribution of payments and the remaining debt amount as stated in subparagraph (d) of the fifteenth paragraph shall be included in the periodic payment receipts to be sent to the consumer.
In the application of this article, individual partners of housing construction cooperatives are considered consumers.
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Periodicals
Article 11- (Amended: 6/3/2003-4822/17 art.) In cases where a second product and/or service is undertaken outside of a periodical publication, for whatever purpose and in whatever form, through tickets, coupons, membership numbers, games, draws or similar means, no commitment or distribution of goods or services other than cultural products such as books, magazines, encyclopedias, posters, flags, posters, oral or visual magnetic tapes or optical discs that do not conflict with the purposes of periodical publication can be made.
If a campaign is organised for this purpose, the campaign period cannot exceed sixty days.
The consumer cannot be asked to cover a portion of the cost of the goods or services subject to the campaign.
The periodical publishing organization is obliged to announce the program regarding the delivery and performance dates of the goods or services subject to the campaign throughout Turkey in its advertisements and announcements related to the campaign and to fulfill the delivery and performance of the goods or services subject to the campaign within thirty days from the end of the campaign.
During the campaign period, the sales price of the periodical cannot be increased due to the cost increase caused by the goods or services that are promised to be given as a second product. The goods or services that are the subject of the campaign cannot be divided into commitments and distribution, and the integral or complementary parts of these goods or services cannot be made the subject of a separate campaign. In the application of this Law, each transaction related to the goods or services that are promised to be given as a second product is considered an independent campaign.
Campaigns that are not organized by periodical publication organizations but are directly or indirectly connected to the periodical publication are also subject to these provisions.
Subscription Agreements
Article 11/A- (Added: 6/3/2003-4822/18 art.) Consumers who are parties to any subscription agreement may terminate their subscriptions unilaterally, provided that they notify the seller of their wishes in writing.
The seller is obliged to fulfill the consumer's request to terminate the subscription within seven days at the latest from the date on which the written notification is received.
The request to terminate a subscription to a periodical publication shall enter into force fifteen days after the written notification reaches the seller for daily publications, one month after weekly publications, and three months after monthly publications. For publications with longer durations, it shall enter into force following the first publication after the notification.
Price tag
Article 12- (Amended: 6/3/2003-4822/19 art.)
It is mandatory to put a label on the goods offered for retail sale or on their packaging or containers in a way that is easily visible and readable, including all taxes related to that good, the place of production and distinguishing features. In cases where it is not possible to put a label, lists containing the same information must be hung in suitable places where they can be seen.
Lists showing the tariffs and prices of the services are also arranged and posted in accordance with the first paragraph.
If there is a difference between the price stated on the labels, price and tariff lists and the case price, the sale is made at the price that is more favorable to the consumer.
It is prohibited to offer for sale goods or services whose prices are determined by the Council of Ministers, public institutions and organizations, or professional organizations with the status of public institutions, at a price higher than this price.
The Ministry shall regulate the form, content, procedures and principles of the labels and tariff lists with a regulation. The Ministry and municipalities are individually responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.
Warranty Certificate
Article 13- (Amended: 6/3/2003-4822/20 art.) Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility for completing the warranty certificate, which includes the date and number of the invoice for the goods, and giving it to the consumer belongs to the seller, dealer or agent. The warranty period starts from the date of delivery of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
In case of malfunction of the goods covered by the warranty certificate during the warranty period, the seller is obliged to repair the goods without demanding any fee such as labor cost, cost of replaced parts or any other fee.
If the consumer has exercised his/her right to repair, in cases where the product is continuously inoperable due to frequent malfunctions during the warranty period, or the maximum period required for repair is exceeded, or it is understood that repair is not possible, he/she may exercise his/her other optional rights in Article 4. The seller cannot reject this request. If this request of the consumer is not fulfilled, the seller, dealer, agent, manufacturer-producer and importer are jointly and severally liable. Malfunctions resulting from the consumer's use of the product contrary to the matters stated in the user manual are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of the faults of these goods, after consulting the Turkish Standards Institute.
Introduction and User Guide
Article 14- (Amended: 6/3/2003-4822/21 art.) It is mandatory for industrial goods produced domestically or imported to be sold with a Turkish guide regarding their promotion, use, maintenance and simple repair and, when necessary, with a label that includes international symbols and signs.
The Ministry is responsible for determining and announcing which industrial goods must be sold with an identification and user manual and label, and the minimum elements that must be present in them, after consulting the Turkish Standards Institute.
After Sales Services
Article 15- (Amended: 6/3/2003-4822/22 art.) Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, by keeping sufficient technical personnel and spare parts stock, for the lifetime of the goods determined and declared by the Ministry.
The amount of spare parts stock that manufacturers or importers must keep is determined by the Ministry.
In case the importer ceases its commercial activities in any way, the new importer of that product must provide maintenance and repair services for the duration of its useful life.
The Ministry is responsible for determining and announcing the goods for which service stations must be established and the procedures and principles regarding the establishment and operation of service stations, after consulting the Turkish Standards Institute.
In case an industrial product that has to be sold with a warranty certificate breaks down after the warranty period, that product must be repaired within the maximum repair period determined by the Ministry.
Commercial Advertisements and Ads
Article 16- (Amended: 6/3/2003-4822/23 art.) It is essential that commercial advertisements and announcements comply with the law, the principles determined by the Advertisement Board, general morality, public order, personal rights, and are honest and accurate.
Advertisements and announcements that deceive or mislead the consumer or exploit their lack of experience and knowledge, endanger the life and property of the consumer, encourage acts of violence and crime, harm public health, or exploit the sick, the elderly, children and the disabled, and covert advertising cannot be made.
Comparative advertisements can be made for competing goods and services that meet the same needs or serve the same purpose.
The advertiser is responsible for proving the concrete claims contained in the commercial advertisement or announcement.
Advertisers, advertisers and media organizations are obliged to comply with the provisions of this article.
Advertisement Board
Article 17- (Amended: 6/3/2003-4822/24 art.) An Advertisement Board shall be established to determine the principles to be followed in commercial advertisements and announcements, to examine commercial advertisements and announcements within the framework of these principles, and to suspend advertisements and announcements that violate the provisions of Article 16 for a period of up to three months as a precaution and/or to suspend them and/or to correct them using the same method and/or to impose a fine, depending on the results of the examination. The Advertisement Board's decisions shall be implemented by the Ministry.
In determining the principles to be followed in commercial advertisements and announcements, the Advertising Board takes into account the universally accepted definitions and rules in the field of advertising, as well as country conditions.
The Advertising Board, chaired by the relevant General Director to be appointed by the Minister;
a) One member to be appointed by the Ministry from among the relevant Deputy General Directors,
b) One member to be appointed by the Ministry of Justice from among the judges working in administrative positions in this Ministry,
c) A member who is an expert in advertising to be appointed by the Turkish Radio and Television Corporation,
d) One member to be selected by the Council of Higher Education from among university faculty members who are experts in the field of advertising,
e) A physician member to be appointed by the Central Council of the Turkish Medical Association,
f) A lawyer member to be appointed by the Union of Turkish Bar Associations,
g) Four members to be appointed by the Union of Chambers and Commodity Exchanges of Türkiye from different sectors,
h) One member to be elected from among all journalist associations in Turkey,
i) A member elected by the advertisers' associations or their parent organizations, if any,
j) A member to be elected by the Consumer Council from among the representatives of consumer organisations participating in the Council or to be appointed by their higher organisations,
k) A member to be appointed by the Union of Turkish Chambers of Agriculture,
l) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,
m) One member from the Turkish Standards Institution,
n) One member from the Presidency of Religious Affairs,
o) One member from the Union of Chambers of Turkish Engineers and Architects,
p) One member from the labor union confederations,
r) One member from the confederation of civil servant unions,
s) A member to be appointed by the Union of Chambers of Certified Public Accountants and Sworn Certified Public Accountants of Türkiye,
t) One member to be elected from among the Ankara, Istanbul and Izmir Metropolitan Municipalities,
u) One member from the Turkish Pharmacists Association,
v) One member from the Turkish Dental Association,
y) (Added: 27/5/2004-5179/34 art.) Two members each from the Ministry of Agriculture and Rural Affairs and the Ministry of Health,
It consists of twenty-five members, including:
The term of office of the Board members is three years. Those whose term has expired may be reassigned or elected. If the membership becomes vacant for any reason, an appointment or election shall be made within one month in accordance with the principles of the third paragraph.
The Board meets at least once a month or whenever needed upon the call of the President.
The Board meets with the presence of at least fourteen members, including the President, and decides with the majority of those attending the meeting.
The Board may establish special commissions to serve on a permanent or temporary basis when deemed necessary. Public personnel deemed appropriate by the Board to serve in these commissions are assigned by the relevant public institutions.
The attendance fee to be paid to the board members and special commission members who are public servants and the attendance fee to be paid to the board members who are not public servants are determined by the Ministry, after obtaining the approval of the Ministry of Finance.
The secretarial services of the Board are carried out by the Ministry.
The decisions of the Advertising Board are announced by the Advertising Board Presidency in order to inform and enlighten consumers and to protect their economic interests.
The duties of the Advertising Board, its establishment, working procedures and principles, and how the secretarial services will be performed are determined by a regulation to be issued by the Ministry.
Harmful and Dangerous Goods and Services
Article 18- (Amended: 6/3/2003-4822/25 art.) In cases where goods and services offered to the consumer may be harmful or hazardous to the physical and mental health of individuals or to the environment, explanatory information and warnings regarding this situation shall be placed or written on or in the attached user manuals in a clearly visible and legible manner so that these goods can be used safely.
The Ministry is responsible for determining and announcing, together with the relevant ministries and other organizations, which goods or services must carry explanatory information and warnings and the form and location of this information and warnings.
Goods and Services Inspection
Article 19- (Amended: 6/3/2003-4822/26 art.) Goods and services offered to consumers must comply with the technical regulations that must be complied with, including the standards published in the Official Gazette by the relevant ministries and put into practice.
The relevant ministries are responsible for conducting or having audits conducted in accordance with these principles. The procedures and principles regarding the audit of goods and services are determined and announced separately by each relevant ministry.
Educating the Consumer
Article 20- (First Amended: 6/3/2003-4822/27 art.) Necessary additions are made to the curriculum of formal and non-formal education institutions by the Ministry of National Education regarding the education of consumers.
The procedures and principles regarding the organization of programs on radio and television for the purpose of educating and raising awareness of consumers are determined and announced by the Ministry upon the recommendation of the Consumer Council.
PART THREE
Consumer Organizations
Consumer Council
Article 21– (Amended: 6/3/2003-4822/28 art.) In order to investigate the necessary measures to protect the problems, needs and interests of the consumer, to convey the opinions on the measures to be taken to solve the problems in line with universal consumer rights and the measures to be taken for the implementation of this Law, to be taken into consideration with priority by the relevant authorities, a “Consumer
Council” is established.
(Amended: 6/3/2003-4822/28 art.) The Consumer Council shall be chaired by the Minister or a Ministry official to be assigned by him/her, and shall consist of the following ministries: Justice, Interior, Finance, National Education, Health, Transportation, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, as well as the Undersecretariat of the State Planning Organization, the Undersecretariat of the Treasury, the Undersecretariat of Foreign Trade, the Presidency of the Turkish Patent Institute, the Presidency of the State Institute of Statistics, the Presidency of the Turkish Standards Institute, the Competition Authority, the Radio and Television Supreme Council, the Energy Market Regulatory Authority, the Telecommunications Authority, the Turkish Accreditation Agency, the National Productivity Center, the Presidency of Religious Affairs, metropolitan municipalities, the Union of Turkish Municipalities representing provincial municipalities, labor union confederations, civil servant union confederations, the Confederation of Employer Unions of Turkey, the Turkish National Cooperatives Union, the Council of Higher Education, the Union of Turkish Bar Associations, the Certified Public Accountants and Sworn Financial Advisors of Turkey. It consists of representatives from the Union of Chambers of Consultants, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists Association, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Surgeons Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Union of Banks of Turkey, Union of Turkish Travel Agencies, Union of Turkish Hoteliers, Union of Chambers of Turkey in Agriculture, Central Union of Consumer Cooperatives, Ahilik Research and Culture Foundation and consumer organizations.
The number and qualifications of the representatives of the institutions and organizations that form the Consumer Council, the minimum number of members that consumer organizations must have in order to participate in the Consumer Council, and the number of representatives that these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations cannot exceed 50% of the total number of members of the Consumer Council under any circumstances. The Consumer Council meets at least once a year.
The working procedures and principles of the Consumer Council and other matters are regulated by a regulation to be issued by the Ministry.
Consumer Problems Arbitration Board
Article 22- (Amended: 6/3/2003-4822/29 art.) The Ministry is responsible for establishing at least one arbitration committee for consumer problems in provincial and district centers in order to find solutions to disputes arising from the implementation of this Law.
The consumer problems arbitration board, chaired by the Provincial Director of Industry and Trade or an officer he/she designates, consists of five members, including the president, one member to be appointed by the mayor from among the municipal personnel who are experts in the subject, one member to be appointed from among the members of the bar association, one member to be appointed by the chamber of commerce and industry and the chambers of tradesmen and craftsmen, and one member to be elected by the consumer organizations. The member to be appointed by the chamber of commerce and industry or, where they are established separately, by the chamber of commerce and the chambers of tradesmen and craftsmen is appointed by the relevant chamber, depending on whether the person constituting the seller side of the dispute is a merchant or a tradesman and craftsman.
In provinces and districts where there is no provincial organization of the Ministry, the chairmanship of the consumer problems arbitration board is carried out by the highest civil servant or an officer he/she designates. In places where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the formation of the consumer problems arbitration board cannot be ensured, the missing members are filled ex officio by the municipal councils.
At least one rapporteur is assigned to prepare the files that will form the basis of the arbitration committees for consumer problems and to submit a report on the dispute.
In disputes with a value of less than five hundred million liras, application to the consumer problems arbitration boards is mandatory. In these disputes, the decisions to be given by the board are binding on the parties. These decisions are carried out in accordance with the provisions of the Execution and Bankruptcy Law regarding the execution of judgments. The parties may object to these decisions to the consumer court within fifteen days. The objection does not stop the execution of the consumer problems arbitration board decision. However, if requested, the judge may stop the execution of the consumer problems arbitration board decision by way of a precautionary measure. The decision to be given by the consumer court upon an objection to the consumer problems arbitration board decisions is final.
In disputes with a value of five hundred million liras and above, the decisions of the consumer problems arbitration committees can be put forward as evidence in consumer courts. The monetary limits regarding the binding or evidentiary nature of the decisions increase in proportion to the annual average price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October each year. This situation is announced in the Official Gazette by the Ministry in December each year. 3 All disputes other than those subject to penal sanctions in Article 25 are within the scope of the duties and authorities of the consumer problems arbitration committees.
The principles and procedures regarding the payment of attendance fee or attendance fee given to the President and members of the Consumer Problems Arbitration Boards and rapporteurs are determined by the Ministry, after obtaining the approval of the Ministry of Finance, provided that the amount to be paid in a month does not exceed the amount found by multiplying the 2000 indicator figure by the civil servant monthly coefficient.
The establishment of consumer problems arbitration boards, their working procedures and principles and other matters are regulated in a regulation to be issued by the Ministry.
PART FOUR
Provisions Relating to Trial and Punishment
Consumer Courts
Article 23- (Amended: 6/3/2003-4822/30 art.) All disputes arising from the implementation of this Law shall be dealt with in consumer courts. The jurisdiction of consumer courts shall be determined by the High Council of Judges and Prosecutors.
Lawsuits filed by consumers, consumer organizations and the Ministry in consumer courts are exempt from all kinds of fees and charges. In lawsuits filed by consumer organizations, expert fees are covered by the Ministry from the budget appropriation provided for in the budget recorded in accordance with Article 29. If the lawsuit is concluded against the defendant, the expert fee is collected from the defendant in accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables and recorded as revenue in the budget in accordance with the principles set forth in Article 29. Lawsuits to be heard in consumer courts are conducted in accordance with the provisions of Chapter Four of the Code of Civil Procedure.
Consumer lawsuits can also be filed in the court of the consumer's domicile.
The Ministry and consumer organisations may file a lawsuit in consumer courts in order to eliminate the unlawful situation due to the violation of this Law in cases that are not individual consumer problems but concern consumers in general.
In necessary cases, consumer courts may decide to stop the violation as a precautionary measure. The precautionary measures deemed appropriate by the Consumer Court shall be immediately announced by the Press Advertisement Institution in one of the newspapers published nationwide and also in a local newspaper published in the place where the lawsuit is filed, if any, with the costs to be collected from the party who is later found to be at fault and recorded as revenue in the budget according to the principles set out in Article 29. 4
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3 According to the Communiqué numbered TRKGM-2006/5 of the Ministry of Industry and Trade published in the Official Gazette dated 5/12/2006 and numbered 26367, the upper monetary limit regarding the binding nature of the decisions of the arbitration committees for consumer problems or the lower monetary limit regarding the evidence in consumer courts has been determined as 827.05 YTL, effective as of 1/1/2008. 4 The phrase “from the recorded special appropriation” in the second paragraph of this article has been changed as “from the appropriation foreseen in the budget”; the phrase “special income to the budget” in the second and fifth paragraphs has been changed as “income to the budget” with Article 7 of the Law numbered 5217 dated 14/7/2004 and effective as of 1/1/2005 and incorporated into the text.
Consumer Court decisions to eliminate the unlawful situation are announced immediately by the same method, with the costs being collected from the defendant.
Stopping Production, Sales and Recalling Goods
Article 24- (Amended: 6/3/2003-4822/31 art.) If a series of goods offered for sale is defective, the Ministry, consumers or consumer organisations may file a lawsuit to stop the production and sale of the defective series goods and to collect them from those who have them for sale.
If a series of goods offered for sale is found to be defective by a court decision, the sale of the goods is temporarily suspended. The producer-manufacturer and/or importer company is warned to eliminate the defect of the goods within three months at the latest from the date of notification of the court decision. If it is impossible to eliminate the defect of the goods, the goods are collected or ordered to be collected by the producer-manufacturer and/or importer. The collected goods are partially or completely destroyed or ordered to be destroyed depending on the risks they carry.
If a series of goods offered for sale has a defect that endangers the safety of the consumer, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are reserved.
Consumers who purchase defective goods reserve the right to file a lawsuit for material and moral damages they suffer.
In the event that a series of defective goods subject to the provisions of the sixth paragraph of Article 4 are offered for sale, the provisions of this article shall not apply.
Goods That Appear Different Than They Are
Article 24/A- (Added: 6/3/2003-4822/32 art.) It is prohibited to produce, market, import and export goods that, although they are not food products, appear different from what they are due to their shape, smell, appearance, packaging, label, volume or size and therefore endanger the health and safety of consumers by being confused with food products.
If the product has been placed on the market, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products shall apply.
Consumers who purchase goods that appear different than they are have the right to file a lawsuit for material and moral damages they suffer.
Penal Provisions
Article 25- Jurisdiction, Objection and Limitation in Penalties
(Amended: 23/1/2008-5728/476 art.)
In accordance with the seventh paragraph of Article 6, those who act contrary to the procedures and principles determined by the Ministry are given an administrative fine of one hundred Turkish Lira for each contract in which the violation is detected.
Those who act in breach of each of the obligations specified in the sixth paragraph of Article 4, Article 5, Article 6, Article 6/A, Article 6/B, and Article 6/C, the procedures and principles determined by the Ministry, the fifth paragraph of Article 7, Article 9, Article 9/A, Article 10, Article 10/A, Article 10/B, the second and fourth paragraphs of Article 11/A, Articles 12, 13, 14 and 15 shall be imposed an administrative fine of two hundred Turkish Lira. Those who act in breach of the obligations specified in the fourth and sixth paragraphs of Article 7 and Articles 8 and 27 shall be imposed an administrative fine of five hundred Turkish Lira.
Pursuant to the second paragraph of Article 20, those who act contrary to the procedures and principles determined and announced by the Ministry shall be subject to an administrative fine of one thousand Turkish Lira. If the violation is carried out through radio and television broadcasting at the national level, the fine shall be applied ten times.
The producer-manufacturer or importer who acts contrary to Article 18 shall be given an administrative fine of two thousand Turkish Lira, and the seller-supplier shall be given an administrative fine of four hundred Turkish Lira.
Those who act contrary to the first paragraph of Article 19 shall be subject to an administrative fine of five thousand Turkish Lira.
Those who act contrary to Article 11 shall be subject to an administrative fine of ten thousand Turkish Lira. If the violation is committed through a periodical publication published at the national level, the fine shall be applied twenty times. The Ministry shall also request the periodical publication organization to stop the campaign and all advertisements and announcements related to the campaign. If the violation continues despite this request, an administrative fine of two hundred thousand Turkish Lira shall be imposed for each issue-day from the date on which the obligation to stop the advertisement and announcement arises. The Ministry shall apply to the Consumer Court with a request to stop the campaign and all advertisements and announcements related to the campaign.
Those who act contrary to Article 16 shall be subject to a precautionary suspension, suspension, correction or administrative fine of up to three months, together or separately, or an administrative fine of six thousand Turkish Lira, depending on the nature of the violation, by the Advertisement Board. If the violation of Article 16 is committed at the country level through written, verbal, visual or other means, the administrative fine shall be applied tenfold.
Those who act contrary to the seventh and eighth paragraphs of Article 7 will be subject to an administrative fine in proportion to the invoice price of the goods or services that are the subject of the campaign. If the campaign organizer refunds the money when the consumer leaves the campaign, this fine will not be applied.
Those who act contrary to the second paragraph of Article 7 are given a period of one week to organize campaigns in accordance with the provisions of Article 7. If it is determined that the violation continues at the end of this period, those who act contrary to this provision and those who act contrary to the obligations specified in Articles 24 and 24/A are given an administrative fine of eighty thousand Turkish Lira.
The fines specified in the above paragraphs shall be applied in double amount in case of repetition of the act within one year.
Article 26 – (Amended: 23/1/2008-5728/477 art.) The administrative sanctions in the first, fourth, seventh, eighth, ninth and tenth paragraphs of Article 25 are decided by the Ministry, and the administrative fines in other paragraphs are decided by the local civil administrator.
Decisions regarding these sanctions are notified to the professional organization to which the person concerned is a member within seven days by the authority that makes the decision.
Legal remedies may be sought against administrative sanction decisions made in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982. However, a lawsuit shall be filed in the administrative court within fifteen days from the date of notification of the transaction. Filing an annulment lawsuit in the administrative court shall not stop the execution of the decision.
FIFTH
Miscellaneous Provisions
Control
Article 27 – In the implementation of this Law, the Ministry inspectors and controllers and the personnel assigned by the Ministry and municipalities are authorized to conduct inspections, examinations and research in all places such as factories, stores, shops, commercial establishments, warehouses, and depots where goods are kept and/or sold or services are provided.
It is mandatory to show all kinds of information and documents accurately and to provide original and certified copies to authorized and authorized persons and organizations regarding matters falling within the scope of this Law.
Lab
Article 28- (Amended: 6/3/2003-4822/35 art.) The Ministry may use the laboratories established by official and private institutions for the implementation of this Law, except for the analysis of medicines, preparations, cosmetics and foodstuffs.
Samples taken during inspections conducted by the Ministry may be tested and inspected in official or private laboratories. Test and inspection fees are covered by the appropriation in Article 29. If the test and inspection results are found to be contrary to the relevant standard or technical regulation, all related expenses are paid by the manufacturer or importer. These expenses are collected in accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables. The collected test and inspection fees are recorded as income in the budget in accordance with the principles set out in Article 29.
Allowance
Article 29- (Amended: 14/7/2004-5217/7 art.) Expenses related to the activities of the Advertisement Board, Consumer Council and consumer problems arbitration boards, expenses of the Ministry for the purpose of protecting the consumer and other expenses, and additional payments to be made to the personnel in amounts to be determined by the Ministry of Industry and Trade upon the approval of the Ministry of Finance, provided that they do not exceed 200% of the highest civil servant salary (including additional indicators), shall be covered from the appropriation to be placed in the Ministry's budget.
The provisions of Law No. 657 regarding monthly payments shall apply to additional payments to personnel (including contract personnel) and no taxes or deductions shall be made from these payments, except for stamp duty. 6
Other Provisions
Article 30 – In cases not covered by this Law, general provisions shall apply.
Regulations and Bylaws
Article 31 – The regulations foreseen in this Law shall be issued by the Ministry within one year from the date of publication of the Law, after receiving the opinions of the relevant public institutions, professional organizations and consumer organizations. The Ministry is authorized to take the necessary measures and make arrangements within the framework of the legislation regarding the implementation of this Law.
Repealed Provisions
Article 32- (Amended: 6/3/2003-4822/37 art.) Law No. 3489 on the Obligation to Sell Without Bargaining, Law No. 632 on the Sale of Imported or Domestically Manufactured Vehicles, Engines, Machinery, Tools and Devices with Advertisement, Law No. 3003 on the Control and Determination of Cost and Sales Prices of Industrial Products have been repealed. Temporary Article 1 – The High Council of Judges and Prosecutors shall determine the courts that will hear the cases that should be heard in these courts until the establishment of consumer courts.
Force
Article 33 – This Law shall enter into force 6 months after its publication.
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6 The phrase “from special appropriation” in this paragraph was changed as “from appropriation”; the phrase “special revenue to the budget” was changed as “revenue to the budget” with Article 7 of Law No. 5217 dated 14/7/2004, effective from 1/1/2005, and incorporated into the text.
Executive
Article 34 – The Council of Ministers shall execute the provisions of this Law.
PROVISIONS THAT CANNOT BE INCORPORATED INTO THE MAIN LAW NO. 4077 DATED 23/2/1995
1 – Temporary Article of Law No. 4822 dated 6/3/2003:
Temporary Article 1 - Credit card debts that have not been paid due to the default of the debtor before the publication of this Law and have come to the stage of enforcement proceedings or are subject to enforcement proceedings shall be paid in twelve equal installments by applying a default interest of not more than fifty percent per annum on the principal amount at the date of default.
Any kind of follow-up carried out due to credit card debts shall cease with the payment of the first installment in accordance with the above provision and shall be eliminated with all its consequences with the payment of the last installment. The provisions of this article shall be applied if the consumer applies in writing to the creditor within thirty days from the date of publication of the Law.
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