Law No. 6502, Date of Acceptance: 7/11/2013
PART ONE
Purpose, Scope and Definitions
Purpose
ARTICLE 1 – (1) The purpose of this Law; In accordance with the public interest, to take measures to protect the health and safety and economic interests of the consumer, to compensate their losses, to protect them from environmental hazards, to enlighten and raise the awareness of the consumer, to take the initiatives of the consumers to protect themselves. To encourage and volunteer in the creation of policies on these issues; It regulates matters related to promoting organisations.
Scope
ARTICLE 2 – (1) This Law covers all kinds of It covers consumer transaction and consumer-oriented applications.
Definitions
ARTICLE 3 – (1) In the implementation of this Law;
a) Minister: Minister of Customs and Trade,
b) Ministry: The 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: Any kind of service other than providing goods made or promised to be performed in return for a fee or benefit; the subject of the consumer transaction,
e) Import: Importing goods or services, including public legal entities, or the raw materials or intermediate goods of these goods for commercial or professional purposes, and placing them on the market through sale, rental, leasing or similar means. real or legal person,
f) Permanent data storage: A short message, electronic message, which ensures that the information sent or sent to the consumer is recorded in a way that will allow the examination of this information for a reasonable time in accordance with its purpose, and that it is copied without changing and that this information can be accessed exactly. all kinds of mail, internet, disc, CD, DVD, memory card and so on; vehicle or its environment,
g) Housing finance institution: Banks that directly provide loans to the consumer or make financial leasing within the scope of housing finance, and financial leasing companies and finance companies deemed appropriate by the Banking Regulation and Supervision Board to engage in housing finance,
ğ) Lender: Real or legal person who is authorized to give credit to consumers as per the legislation,
h) Goods: The subject of the trade; software, audio, video, prepared for use in movable goods, residential or holiday immovable properties and electronic media; and all kinds of similar; intangibles,
ı) Provider: Real or legal person, including public legal persons, who provides services to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the service provider,
i) Seller: Real or legal person, including public legal persons, who offers goods to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the supplier,
j) Technical regulation: The definition in the Law on the Preparation and Implementation 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: Real or legal persons, including public legal entities, acting for commercial or professional purposes or acting on behalf of or on behalf of them in the markets for goods or services. All kinds of contracts, including contracts for works, transportation, brokerage, insurance, trustee, banking and similar, established between consumers; contract and legal process,
m) Consumer organizations: Associations, foundations or their above organizations established for the protection of the consumer,
n) Producer: The goods offered to the consumer, including the public legal persons, or those who produce the raw materials or intermediate goods of these goods, and their trademark, title or any distinctive sign on the goods. It refers to the real or legal person who presents himself as a producer by putting it in.
PART TWO
General Principles
Basic principles
ARTICLE 4 – (1) Contracts and notifications, which are stipulated to be written in this Law, must be at least twelve font size, in an understandable language, in a clear, simple and legible manner. are arranged and a copy of them is paper.It is given to the consumer with an internal 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 shortcoming is immediately remedied by the contract maker.
(2) The conditions set forth in the contract cannot be changed against the consumer during the contract period.
(3) From the consumer; an additional fee for the acts that he rightfully expects to be done within the scope of the goods or services offered to him, and which are among the legal obligations of the organizer, and for the expenses incurred by the organizer for his own benefit. cannot be claimed. For products or services offered to the consumer by banks, financial institutions that provide consumer loans and card issuers, all kinds of non-interest will be collected from the consumer. The types of fees, commissions and expenses and the procedures and principles regarding them are the opinion of the Ministry. It is determined by the Banking Regulation and Supervision Agency in accordance with the spirit of this Law and to protect the consumer.
(4) All kinds of requests to be demanded from the consumer pursuant to the contracts regulated in this Law; It is obligatory to give the information about the fee and cost to the consumer in writing on the paper as an annex to the contract. In contracts established with a 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 person who has drawn up the contract.
(5) Due to the transactions made by the consumer, only the registered deed can be issued as a negotiable instrument and separately for each installment payment. Promissory notes issued in violation of the provisions of this paragraph are invalid for the consumer.
(6) In consumer transactions, personal guarantees received in return for the consumer's actions, under any name, are considered ordinary sureties. Personal guarantees given to the other party regarding the receivables of the consumer are considered joint guarantees, unless there is a contrary provision in other laws.
(7) Including the default, no compound interest is applied in consumer transactions.
(8) This Law also covers participation banks in terms of all its regulations. The application is made by considering the profit share.
Unfair terms in consumer contracts
ARTICLE 5
(1) Unfair condition; The right and obligations of the parties, which are included in the contract without negotiating with the consumer, and which are included in the contract, will be violated against the rule of fairness. It is the terms of the contract that cause the imbalance.
(2) Unfair terms in the contracts concluded with the consumer are strictly null and void. The provisions of the contract other than unfair terms remain valid. In this case, the organizer of the contract cannot claim that he would not have entered into the contract with the other provisions had it not been for the conditions that are deemed to be void.
(3) If a contract condition has been prepared in advance and has not been able to affect the consumer content because it is included in the standard contract, it is considered that that contract condition has not been negotiated with the consumer. If the drafter alleges that a standard condition has been negotiated individually, he or she has the burden of proof to prove it. If it is concluded from the evaluation of the contract as a whole that it is a standard contract, certain elements of a condition in this contract or an individual provision have been negotiated, the remaining part of the contract must be negotiated. does not prevent the application of the substance.
(4) If the terms of the contract are in writing, a clear and understandable language that the consumer can understand must be used. In case a provision in the contract is not clear and intelligible or has multiple meanings; This provision is interpreted in favor of the consumer.
(5) The provisions of this article are also applied to the contracts drawn up by persons or organizations that carry out their activities with the permission given by the law or authorized authorities, regardless of their qualifications.
(6) The unfairness of a contract clause; The nature of the goods or services that are the subject of the contract, the conditions existing at the establishment of the contract and other provisions of the contract or any other form to which the unfair condition is related.The contract is determined according to the moment of establishment of the contract, taking into account the terms of the contract.
(7) In the appraisal of the unfairness of the terms of the contract, provided that these terms are written in a clear and understandable language, between the essential performance obligations arising from the contract and the market value of the goods or services; An evaluation cannot be made regarding the balance between the price determined in the agreement.
(8) The Ministry takes the necessary measures to remove the unfair terms contained in the contracts prepared for general use from the contract texts or to prevent their use.
(9) The procedures and principles regarding the detection and inspection of unfair terms and the terms of the contract, which are considered to be unfair terms without limitation, are determined by the regulation.
Avoidance of sale
ARTICLE 6
(1) It cannot be avoided from the sale of the goods, which are displayed on the showcase, on the shelf, electronically or in any other clearly visible place, unless there is an expression stating that it is not for sale.
(2) It cannot be avoided without a justifiable reason from providing services.
(3) Those who act for commercial or professional purposes; on the contrary, if there is no custom, commercial or customary or justifiable reason; It cannot make the sale of a good or service conditional on conditions such as the quantity, number, size determined by it, or on the purchase of 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 case of sending unordered goods or providing services, no rights can be claimed against the consumer. In these circumstances, the consumer's silence or the fact that he has used the goods or services cannot be interpreted as a declaration of acceptance for the establishment of the contract. An obligation of the consumer to return or preserve the goods;
(2) Anyone who claims that a good or service has been ordered is obliged to prove this claim.
ÜÇÜNCÜ SECTION
Defective Goods and Services
FIRST BÖLÜM
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 conform to the sample or model agreed upon by the parties, or because they do not have the objectively required properties.
(2) Does not carry one or more of the features included in its packaging, label, introduction and user manual, internet portal or advertisements and announcements; contrary to the quality declared by the seller or identified in its technical regulation; Goods with material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.
(3) Failure to deliver the goods subject to the contract within the time agreed in the contract or not to assemble it properly in cases where the assembly is carried out by or under the responsibility of the seller is considered as a performance against the contract. It is anticipated that the assembly of the goods will be made by the consumer. In any case, if the assembly is made incorrectly due to a mistake or defect in the assembly instruction, the contractual performance will be in question.
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 states that he is not aware of and cannot be expected to be aware of the disclosures made through advertisements that do not originate from him, or that the content of the disclosure was corrected at the time of the conclusion of the sales contract, or that the decision to establish a sales contract If he proves that he is not in a causal connection with the explanation, he is not bound by the content of the explanation.
The burden of proof
ARTICLE 10 – (1) Defects found within six months from the delivery date are deemed to have existed on the delivery date. In this case, the proof that the goods are not defective belongs to the seller. This presumption does not apply if it is incompatible with the nature of the good or the defect.
(2) In cases where the consumer is aware of the defect or is expected to be aware of the defect at the date of the conclusion of the contract, it is contrary to the contract.There will be no talk. The consumer's choice rights are reserved against defects other than these.
(3) A label containing explanatory information regarding the defect of the goods is placed on the defective goods to be sold or on their packaging by the manufacturer, importer or seller in a way that the consumer can easily read. This label must be given to the consumer or the explanatory information regarding the defect must be clearly displayed on the invoice, receipt or sales document given to the consumer. Products that do not comply with the technical regulation cannot be placed on the market in any way. The Law on the Preparation and Implementation of the Technical Legislation Regarding the Products and other relevant legislation provisions are applied to these products.
Consumer's choice rights
ARTICLE 11 – (1) In case the goods are found to be defective, the consumer;
a) Withdrawing from the contract by declaring that it is ready to return the sold item,
b) Withholding the sold item and asking for a discount at the rate of defects,
c) If it does not require an excessive expense, to request free repair of the sold item at the seller's expense,
ç) If possible, requesting that the sold product be replaced with a non-defective one,
Can use one of the optional rights. The seller is obliged to fulfill this demand preferred by the consumer.
(2) The right of free repair or replacement of the product with a non-defective one can also be exercised against the manufacturer or the importer. The seller, the manufacturer and the importer are jointly responsible for the fulfillment of the rights in this paragraph. The manufacturer or the importer shall not be held responsible if he proves that the defect has arisen after the product has been placed on the market by him.
(3) In the event that free repair or replacement of the goods with a non-defective one will bring disproportionate strengths for the seller, the consumer is entitled to a discount or a defect rate reduction. can use one. In the determination of the disproportion, the issues such as the free value of the goods, the value of the defect and whether it will pose a problem for the consumer to apply for other optional rights are taken into account.
(4) In case one of the rights of free repair or replacement of the goods with a non-defective one is chosen, a maximum of thirty working days after this request is forwarded to the seller, manufacturer or importer, for residential and holiday purposes. On the other hand, for immovable properties, sixty working days; It is obligatory to fulfill it. However, the consumer's request for free repair regarding the goods included in the list of the regulation annexed pursuant to Article 58 of this Law shall be fulfilled within the maximum repair period determined in the regulation. Otherwise, the consumer is free to use other optional rights.
(5) In cases where the consumer chooses the right to withdraw from the contract or deduct from the price at the rate of defect, all the price he has said is; or the amount of discount made from the price is immediately returned to the consumer.
(6) All costs incurred due to the exercise of optional rights are borne by the party exercising the right chosen by the consumer. Along with one of these elective rights, the consumer may also demand compensation pursuant to the provisions of the Turkish Code of Obligations No. 6098 dated 11/1/2011.
Timeout
ARTICLE 12 – (1) Unless a longer period is determined in the law or in the contract between the parties, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect is discovered later. This period is five years from the date of delivery of the immovable property for residential or holiday purposes.
(2) The third article of the 10th article of this Law; Without prejudice to the clause, the responsibility of the seller for the defective goods is one year in second-hand sales, and for immovable properties for residential or vacation purposes; It cannot be less than a year.
(3) If the defect is concealed by gross fault or fraud, the statute of limitations does not apply.
SECOND BÖLÜM
Defective Services
Defective service
ARTICLE 13 – (1) Defective service is a service that is contrary to the contract because it does not start within the time specified in the contract or because it does not have the features that have been agreed by the parties and that it should have objectively.
(2) On the internet portal or on the website, notified by the service provider.Services that do not have the features in their advertisements and advertisements or that contain material, legal or economic deficiencies that reduce or eliminate the value or benefits that the consumer reasonably expects from it in terms of the purpose of benefit are defective.
Liability for defective service
ARTICLE 14 – (1) The Provider is obliged to perform the service in accordance with the contract.
(2) The provider states that he is not aware of and cannot be expected to be aware of the disclosures made through advertisements that do not originate from him, or that the content of the disclosure was corrected at the date of the establishment of the service contract, or that the decision to establish the service contract If it proves that there is no causal connection with the explanation, it will not be bound by the content of the explanation.
Consumer's choice rights
ARTICLE 15 – (1) In cases where the service is rendered defective, the consumer is free to use one of his rights against the supplier, such as re-appearing the service, repairing the work produced as a result of the service, free of charge, discounting the price at the rate of defect, or returning without a contract. The provider is responsible for fulfilling this demand preferred by the consumer. All costs incurred due to the exercise of optional rights are borne by the provider. Along with one of these elective rights, the consumer may also demand compensation pursuant to the provisions of the Turkish Code of Obligations.
(2) The consumer cannot use these rights if the free repair or re-appearance of the service will bring disproportionate strengths for the provider. In the determination of the disproportionation, issues such as the non-defective value of the service, the importance of the defect and whether it will pose a problem for the consumer to apply for other optional rights are taken into account.
(3) In cases where the consumer chooses the right to withdraw from the contract or deduct from the price at the rate of defect, all the price he has said is; or the amount deducted from the price is immediately returned to the consumer.
(4) In cases where a free repair or re-occurrence of the service is chosen, within a period and type that can be considered reasonable, considering the nature of the service and the purpose of the consumer to use this service. This request is fulfilled by the provider in a way that does not cause serious problems for the consumer. In any case, within this period, thirty business days from the date of the request to the supplier. cannot pass. Otherwise, the consumer is free to use other optional rights.
Timeout
ARTICLE 16 – (1) Unless a longer period is determined in the law or in the contract between the parties, liability for defective service is subject to a two-year statute of limitations from the date of performance of the service, even if the defect is discovered later.
(2) If the defect is concealed by gross fault or fraud, the statute of limitations does not apply.
DÖRDÜNCÜ SECTION
Consumer Contracts
FIRST BÖLÜM
Sales by Installments
Contracts for sale in installments
ARTICLE 17 – (1) A contract of sale in installments is the contract in which the seller or the supplier undertakes the delivery of the goods or the performance of the service, and the consumer declares the price partly.
(2) The provisions of this Section also apply to financial leasing contracts where the consumer is obliged to acquire the ownership of a property at the end of the lease term.
(3) An installment sale contract shall not be valid unless it has been established in writing. The seller or the supplier, who has not made a valid contract, cannot subsequently claim the invalidity of the contract to the detriment of the consumer.
Right of withdrawal
ARTICLE 18 – (1) The consumer has the right to withdraw from the sales contract in installments within seven days without any justification and without penal clauses.
(2) It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller or supplier within this period. The seller or the supplier is obliged to prove that the consumer has been informed about the right of withdrawal.
(3) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer can only use the goods as required by an ordinary review; otherwise, the consumer cannot use the right of withdrawal. Right of withdrawal periodBefore the end of the work, the consumer cannot use the right of withdrawal in service contracts where the performance of the service is started with the consent of the consumer.
(4) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.
Default
ARTICLE 19 – (1) In installment sales contracts, in case the consumer defaults in paying the installments, if the seller or the supplier reserves the right to demand the full performance of the remaining debt, this right can only be granted by the seller or the supplier. If he has fulfilled all his obligations, the consumer is also in default in paying at least two consecutive installments constituting at least one-tenth of the remaining debt, or an installment constituting at least one-fourth of the remaining debt. can be used in li. In order for the seller or the supplier to exercise this right, it is obligatory to give the consumer a warning of due date, by giving at least thirty days.
(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments due.
Don't say öearly
ARTICLE 20 – (1) The consumer may pay the total amount owed in advance, or may make one or more undue installments. In both cases, the seller or the supplier is obliged to make all the necessary interest and commission deductions according to the amount charged in cases where he receives interest or commission.
Other considerations
ARTICLE 21 – (1) The consumer undertakes to pay the sale price of a movable property in parts in advance, and the seller undertakes to deliver the sold item to the consumer after the price is paid in full, and the payment period is longer than one year or is uncertain. The provisions of the Turkish Code of Obligations to sell in installments with payment in installments apply.
(2) The mandatory content of the contract, the rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, early payment and other matters, procedures and principles are regulated by the regulation. determined.
SECOND BÖLÜM
Consumer Loans
Consumer loan agreements
ARTICLE 22 – (1) Consumer loan agreement, deferment of the creditor's payment to the consumer in return for interest or a similar benefit, It refers to the contract in which it gives credit or undertakes to give credit through or similar forms of financing.
(2) Credit card contracts, interest, or a similar benefit in return for saying: It is considered as a consumer loan agreement if it is postponed for longer than one month or similarly provided with the opportunity to pay in installments. However, the interest rate to be applied in this case cannot be more than the rate determined in accordance with the credit card contract.
(3) A consumer loan agreement will not be valid unless it is established in writing. The lender, who has not made a valid contract, cannot subsequently claim the invalidity of the contract to the detriment of the consumer.
The obligation to inform before the contract
ARTICLE 23 – (1) It is obligatory for the lender and the credit intermediary, if any, to provide the consumer with the pre-contract information form, which includes the terms of the loan agreement they propose, within a reasonable time after the conclusion of the contract.
Right of withdrawal
ARTICLE 24 – (1) The consumer has the right to withdraw from the consumer loan contract within fourteen days without any justification and without penal clauses.
(2) The creditor is obliged to prove that the consumer has been informed about the right of withdrawal. It is sufficient that the notification regarding the use of the right of withdrawal is sent to the creditor within the period of the right of withdrawal.
(3) In cases where the consumer who uses his right of withdrawal benefits from the loan, the consumer pays the principal and the accrued interest in the period from the date the loan is used to the date the principal is repaid; returns the withdrawal notice to the lender within thirty days. If no payment is made within this period, the consumer loan is deemed not to have been withdrawn. Interest, debitî It is calculated according to the interest rate. Calculated from the consumer. interest and a public institution or organization or a third; No compensation can be demanded from individuals other than the expenses mentioned.
Interest rate
ARTICLE 25 – (1) Fixed term typeIn consumer loan agreements, the interest rate is determined as fixed. This rate, which is determined on the date of establishment of the contract, cannot be changed to the detriment of the consumer.
(2) In consumer loan agreements, contractual; In the absence of interest, effective annual interest or the total cost of the loan, the loan amount is used interest-free until the end of the contract period. If the effective interest rate is understated, the contract that will be taken as a basis for calculating the total cost of the loan; the interest rate is reset to match the lower displayed effective interest rate. In these cases, the payment plan is rearranged according to the changes made.
Making changes to the contract
ARTICLE 26 – (1) The terms of a fixed-term loan agreement cannot be changed against the consumer.
(2) In the event of a change in the interest rate in indefinite-term loan contracts, thirty days before this change takes effect, the consumer is given the paper or It is obligatory to be notified in writing through a permanent data store. In this notification, details regarding the change in the amount, number and intervals of the payments to be made after the new interest rate takes effect are included. In case the interest rate is increased, the new interest rate cannot be applied retrospectively. The consumer, at the latest from the notification date; If he says the entire debt within sixty days and stops using the loan, he will not be affected by the interest increase.
Don't say öearly
ARTICLE 27 – (1) The consumer may make one or more undue installments or may pay the entire loan debt early. In these circumstances, the lender is obliged to make discounts on all necessary interest and other cost elements according to the early payment amount.
Default
ARTICLE 28 – (1) In the event of the consumer's default in paying the installments in fixed-term loan agreements, if the lender reserves the right to demand the full performance of the debt, this right can only be fulfilled by the lender. can be used in case of default by the consumer in paying at least two consecutive installments. In order for the creditor to exercise this right, it is obligatory to give the consumer at least thirty days and give a warning of due date.
(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments due.
Making insurance
ARTICLE 29 – (1) Credit related insurance cannot be taken out without the consumer's express request through a written or permanent data storage. In case the consumer wishes to take out insurance, the guarantee provided by the insurance company he/she wants must be accepted by the creditor. With the loan subject of this insurance, the remaining debt in the amount insurances; It should be compatible with the amount and maturity.
Linked loans
ARTICLE 30 – (1) Bound loan agreement; It is a contract in which consumer credit is given exclusively for financing a contract for the supply of a certain good or service, and these two contracts objectively form an economic union.
(2) Existence of economic union;
a) The seller or the supplier finances the loan for the consumer,
b) "The third&; if it is financed by a party, the lender uses the services of the seller or provider in connection with the signing or preparation of the loan agreement,
c) The provision of a certain good or service is clearly stated in the loan agreement,
It is accepted if at least one of the conditions exists.
(3) In the event that the consumer withdraws from the contract regarding the supply of goods or services and the notification regarding this is also directed to the creditor during the withdrawal period, the tied credit contract may also not result in any compensation or payment. obligation to pay penal clause ends without
(4) In tied loans, no goods or services; or if it is not delivered or performed as required, the seller, the supplier and the creditor are jointly and severally liable if the consumer uses the right to return from the sales contract or discount from the price. If the consumer uses his right to discount the price, the tied credit is also reduced at this rate and the payment plan is changed accordingly. In case the consumer uses his right to withdraw from the contract, sell for the refund of the payment he has made until that day.The buyer, the provider and the lender are jointly and severally liable. However, the responsibility of the lender; To be limited to the amount of credit used, starting from the date of delivery of the goods or performance of the service specified in the sales contract or in the dependent credit agreement in cases where the goods are not delivered or the service is performed, and from the date of delivery of the goods or the performance of 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 the supplier regarding the supply of a certain good or service, the loans made by the creditor by charging the price of the goods or services determined by the consumer himself, are not considered tied credits.< /p>
Other considerations
ARTICLE 31 – (1) In the event that an account is opened for a fixed-term credit agreement and only credit-related transactions are made from this account, no fee or expense under any name can be charged to the consumer for this account. This account is closed with the request of the loan, unless the consumer has a written request to the contrary.
(2) An overdraft agreement associated with a fixed-term loan agreement cannot be concluded without the explicit instruction of the consumer.
(3) A type of credit card that issuing card companies do not collect annual membership fees and similar fees to consumers; must submit.
(4) Pre-contractual information, mandatory content of the contract, out-of-scope contracts, rights and obligations of the consumer and the lender, the right of withdrawal, early Procedures and principles regarding payment, calculation of effective annual interest, mandatory content of advertisements related to consumer loans, use of the right of termination, default, transfer of credit, tied credit and other issues are determined by the regulation.
ÜÇÜNCÜ BÖLÜM
Housing Financing
Housing finance agreements
ARTICLE 32 – (1) Housing finance contract, for the purpose of acquiring housing; It is a contract for providing loans to consumers, leasing the houses to consumers through financial leasing, providing loans to consumers under the guarantee of the houses they own, and providing loans for the purpose of refinancing these loans.
(2) A housing finance contract shall not be valid unless it is established in writing. The housing finance institution, which has not made a valid contract, cannot claim the invalidity of the contract afterwards to the detriment of the consumer.
The obligation to inform before the contract
ARTICLE 33 – (1) Housing finance institutions are obliged to provide the consumer with the pre-contract information form, which includes the terms of the housing finance agreement, within a reasonable time after the conclusion of the agreement.
Default
ARTICLE 34 – (1) If the consumer is in default in paying the installments, if the housing finance institution has reserved the right to demand the full performance of the remaining debt, this right can only be exercised if the housing finance institution has fulfilled all its obligations and the consumer has It can also be used in case of default in paying at least two consecutive installments. In order for the housing finance institution to exercise this right, it must give the consumer a warning of maturity by at least thirty days.
(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments due.
(3) In financial leasing transactions, if the consumer fails to fulfill his/her performance within the period given in the due date warning, following the expiry of this period, the housing finance institution may use its right to fulfill the entire remaining debt. if he terminates the financing agreement, he is obliged to immediately put the house up for sale. Before the sale, the housing finance institution has the person or institutions authorized in accordance with the Capital Markets Law dated 6/12/2012 and numbered 6362 make a valuation for the house. Appreciated value is at least ten business days from sale. It is notified to the consumer first. The housing finance institution performs the sale of the house by acting like a prudent merchant, taking into account the appraised value. In case the price obtained from the sale of the house exceeds the remaining debt, the exceeding portion is called immediate payment to the consumer. Financial Leasing, Factoring and Financing Companies dated 21/11/2012 and numbered 6361 in financial leasing transactions for housing finance33rd of the Law; clause is not applicable.
(4) The sale of the house is the third of this article. In the event that the consumer or the possession has been transferred, following the realization within the scope of the paragraph and the portion of the obtained price exceeding the remaining debt, if any, to the consumer, the third party holding the possession; individuals are obliged to evacuate the residence. In case the house is not evacuated, the owner of the house is the consumer or the third person holding the possession pursuant to Articles 26 and 27 of the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004; may apply for enforcement against individuals.
Linked loans
ARTICLE 35 – (1) Bound loan agreement; It is a contract in which the housing finance loan is given exclusively for the financing of a contract in the case of the purchase of a certain house and these two contracts objectively form an economic union.
(2) In bonded loans, the housing is never; In case the consumer uses one of the elective rights specified in Article 11 of this Law due to failure to deliver as required, the seller and the housing finance institution are jointly and severally liable. However, the responsibility of the housing finance institution; In case the house is not delivered, it is one year from the date of delivery of the house specified in the house sale contract or the affiliated loan agreement, and in case of the delivery of the house, limited to the amount of credit used.
(3) Even if the loans given by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed securities collateral pools, the responsibility of the lending housing finance institution continues. The institution that takes over the loan is not liable under this article.
(4) Without a contract between the housing finance institution and the seller regarding the supply of a certain house, the loans made by the housing finance institution giving the credit for the price of the house determined by the consumer himself, are not considered tied loans.
Interest rate
ARTICLE 36 – (1) The excess of the repayment amount in loans and the rent amount in financial leasing transactions is considered as interest within the scope of this article.
(2) By specifying in the Agreement, the interest rate in loans and financial leasing transactions for housing finance can be determined as fixed or variable, or by taking both methods as a basis for the same loan. In case the interest rate is determined as fixed, the rate determined at 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 will be determined at the beginning, provided that the periodical repayment amount does not exceed the maximum periodical return and dormitory amount determined in the contract at the beginning and It can be changed based on the lowest of the generally accepted and widely used indices in Turkey or abroad. In case the rates are determined as variable, it is essential to inform the consumers about the possible effects of this method. Reference rates and indices that can be used for these purposes are determined by the Central Bank of the Republic of Turkey.
Don't say öearly
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 circumstances, the housing finance institution is obliged to make discounts on all necessary interest and other cost elements according to the early payment amount.
(2) In case the interest rate is determined as fixed, in case one or more payments are made before the due date, the housing finance institution demands an early payment compensation from the consumer, including in the contract. can be done. Early payment compensation cannot exceed one percent of the amount that is calculated by reducing the required interest rate and paid early by the consumer to the housing finance institution, for loans with a remaining maturity not exceeding thirty-six months, and two percent for loans with a remaining maturity exceeding thirty-six months. . In case the rates are determined as variable, early payment compensation cannot be demanded from the consumer.
Making insurance
ARTICLE 38 – (1) Credit related insurance cannot be taken out without the consumer's express request through a written or permanent data storage. In case the consumer wishes to take out insurance,The guarantee provided by the gorta company must be accepted by the housing finance institution. With the loan subject of this insurance, the remaining debt in the amount insurances; It should be compatible with the amount and maturity.
Other considerations
ARTICLE 39 – (1) In case an account is opened regarding the housing finance contract and only credit-related transactions are made from this account, no fee or expense under any name can be demanded from the consumer regarding this account. This account is closed with the request of the loan, unless the consumer has a written request to the contrary.
(2) An overdraft agreement related to a housing finance agreement cannot be concluded without the express instruction of the consumer.
(3) In the implementation of the provisions of this section, real person partners of housing cooperatives are also considered as consumers.
(4) Pre-contractual information, rights and obligations of the consumer and the housing finance institution, mandatory content of the contract, housing finance ads, refinancing, tied loan , default, early payment, calculation of annual cost rate and procedures and principles regarding other issues are determined by regulation.
DÖRDÜNCÜ BÖLÜM
Ön ÖDemeli Housing Sale
Housing sales agreements
ARTICLE 40 – (1) The contract for the sale of a house with a prepayment means that the consumer pays the sales price of a residential real estate in advance or in installments, and the seller gives the real estate to the consumer after the price is paid in whole or in part. It is the contract that it undertakes to transfer or deliver.
(2) At least one day before the conclusion of the contract, consumers must be given an information form containing the matters determined by the Ministry.
(3) Without obtaining a building permit, a residential sales contract cannot be concluded with consumers.
Shape requirement
ARTICLE 41 – (1) It is obligatory that the sale of a pre-paid house is registered in the land registry, and the promise of sale contract must be made in the form of a notary public. Otherwise, the seller cannot claim the invalidity of the contract afterwards to the detriment of the consumer.
(2) The seller is obliged to pay the consumer under any name or to owe the consumer without a valid contract. can't ask him to give any document that puts it under.
Guarantee
ARTICLE 42 – (1) Before starting the sale of houses with payment for the projects over the size to be determined by the Ministry according to the criteria of the number of houses in the project or the total cost of the project; It is obligatory to take out building completion insurance, the scope, conditions and application principles of which are determined by the Undersecretariat of Treasury or to provide other guarantees and conditions determined by the Ministry.
(2) Compensation, guarantees and similar guarantees provided within the scope of building completion insurance cannot be included in the bankruptcy or liquidation desk, cannot be seized, and precautionary injunctions and precautionary attachments cannot be placed on them.
Right of withdrawal
ARTICLE 43 – (1) The consumer has the right to withdraw from the contract of sale of a residence with payment within fourteen days, without any justification and without penal clauses. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller within this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.
(2) In the event that the immovable is partially or completely purchased with a tied loan, the tied loan agreement will expire at the end of the right of withdrawal, which is set forth in this article, to become effective on the date the agreement is concluded. comes into effect. The housing finance institution cannot demand any expense from the consumer under the name of interest, commission, legal obligation and similar names during the right of withdrawal.
(3) The seller owes the price received and the consumer; all kinds of From the date of returning the document, the consumer returns his acquisitions within ten days.
Delivery of the residence
ARTICLE 44 – (1) In the case of a pre-paid house sale, the transfer or delivery period cannot exceed thirty-six months from the date of the contract. With the registration of the floor easement in the land registry on behalf of the consumer, the transfer and delivery is deemed to have been made in the case of the transfer of the possession.
Returning without agreement
ARTICLE 45 – (1) Ön &oThe consumer has the right to withdraw from the contract without any justification, until the transfer or delivery date, in the sale of a house with a fixed payment. In case of returning from the contract, the seller; Tax, duty incurred due to the sale of the house or the promise of sale contract; and similar legal obligations, and may request compensation up to two percent of the contract price.
(2) The seller never fulfills his obligations; or if he does not fulfill it properly, he cannot demand any price from the consumer. Consumer's death or gain Due to the fact that he/she is constantly deprived of obtaining money, he/she is unable to make any reservations, or the seller's proposal to replace the contract with a sales contract with an installment under ordinary conditions is not accepted. In the event that the agreement is withdrawn, no compensation can be demanded from the consumer.
(3) In case of returning from the contract, the amount to be returned to the consumer and the consumer owed; all kinds of the document is the latest from the date on which the notification of return is received by the seller; It is returned to the consumer within ninety days. It owes the price received by the seller and the consumer. all kinds of From the date of returning the document, the consumer returns his acquisitions within ten days.
Other considerations
ARTICLE 46 – (1) Informing before the contract, the mandatory content of the contract, the rights and obligations of the consumer and the seller, the right of withdrawal and withdrawal from the contract and other application procedures and procedures. principles are determined by regulation.
FIVE BÖLÜM
Other Consumer Contracts
Contracts established outside the workplace
ARTICLE 47 – (1) Between the seller or supplier and the consumer;
a) Established outside the workplace, in the simultaneous physical presence of the parties, regardless of whether the offer is made by the consumer or the seller or the supplier,
b) In the simultaneous physical presence of the parties, immediately after the meeting with the consumer outside the workplace, established at the workplace of the seller or supplier or by any remote communication tool,
c) Established during a trip organized by the seller or provider for the purpose of promoting or selling goods and services to the consumer,
Contracts are considered as contracts established outside the workplace.
(2) Contracts established outside the workplace are established by the vendor or supplier authorized by the Ministry.
(3) It is obligatory for the consumer to be informed clearly and comprehensibly about the issues, the details of which are determined in the regulation, before being bound by the contract established outside the workplace or any corresponding recommendation. The burden of proof that the consumer has been informed; belongs to the seller or provider.
(4) Contracts established outside the workplace are not 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 to the detriment of the consumer. Seller or provider; It is the responsibility of the consumer to write the date of the contract in his own handwriting and to sign the contract, to give a copy of the contract to the consumer and to present the good or service to the consumer. The proof that the contract has been delivered to the consumer and that the goods or services have been provided rests with the seller or provider.
(5) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penal clauses. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller or provider within this period. During the withdrawal period, the seller or the provider makes a payment under any name from the consumer in return for the goods or services that are the subject of the contract, or owes the consumer. cannot ask him to give any document that puts him under it. The seller or the provider is obliged to prove that the consumer has been informed about the right of withdrawal. The consumer is not responsible for changes and deteriorations that occur due to the customary use of the goods during the withdrawal period.
(6) In case the seller or the supplier acts contrary to the obligations set forth in this article or fails to inform the consumer about the right of withdrawal, the consumer has the right of withdrawal.It is not bound for fourteen days to use. In any case, this period expires one year after the end of the withdrawal period.
(7) Mandatory content of the contract, out-of-scope contracts, direct sales, rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, the obligation to inform The qualification, delivery, qualifications to be sought in those who will make sales and other application procedures and principles are determined by the regulation.
Distance contracts
ARTICLE 48 – (1) Distance contracting is a system created for the remote marketing of goods or services without the simultaneous physical presence of the seller or supplier and the consumer, until and when the contract is established between the parties. Contracts established by using remote communication tools, including
(2) The consumer, before accepting the distance contract or any corresponding offer, has the obligation to pay in the matters specified in the regulation and if his order is confirmed. are informed clearly and understandably by the seller or supplier that The burden of proof that the consumer has been informed; belongs to the seller or provider.
(3) The seller or the supplier fulfills its obligations within the promised time from the moment the consumer's order reaches him. In the sale of goods, this period is thirty days in any case. cannot pass. In case the seller or supplier fails to fulfill its obligations 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 penal clauses. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller or provider within this period. The seller or the provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound for a period of ten days to exercise his right of withdrawal. In any case, this period expires one year after the end of the withdrawal period. The consumer is not responsible for changes and deteriorations that occur due to the customary use of the goods during the right of withdrawal.
(5) Those who mediate the establishment of a distance contract on behalf of the seller or the supplier by using or making available remote communication tools, within the framework of the system they have established, to keep records of the transactions made with the seller or supplier due to the issues in this article. and, upon request, it is obliged to provide this information to the relevant institutions, organizations and consumers. However, the intermediaries within the scope of 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, rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, the obligation to inform , delivery and other application procedures and principles are determined by the regulation.
Distance agreements on financial services
ARTICLE 49 – (1) Financial services, all types of bank service, credit, insurance, private pension, investment and payment related services. Distance contract regarding financial services are contracts established by using remote communication tools between the provider and the consumer, within the framework of a system created for the remote marketing of financial services.
(2) In distance contracts related to financial services, the consumer's right of withdrawal is obligatory if the consumer gives a declaration of acceptance before expressing his will regarding the establishment of the contract; It is obligatory to be informed clearly, intelligibly and in accordance with the communication tools used, on other matters that fall under the control of the Ministry and the details of which are determined by the Ministry. It should be clear that this information is made for commercial purposes, and in cases where voice communication tools are used, the identity of the provider and the reason for the request to meet should be stated at the beginning of each interview. The consumer's declaration of acceptance regarding the establishment of the contract is in accordance with the means of communication used.It is determined or recorded in the i or electronic environment. The Provider is obliged to take the necessary measures for the notification of the right of withdrawal and the determination or records to be made in the physical or electronic environment.
(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 required before the consumer directs his will establishing the contract or upon the consumer's request, in case the contract is established using a remote communication tool that is not suitable for written notification. ;executed immediately after the establishment of the agreement.
(4) The consumer can request a copy of the contract written on the paper without paying any fee as long as the contractual relationship continues. In addition, the consumer has the right to change the distance communication tool used if it is compatible with the nature of the financial service.
(5) The consumer has the right to withdraw from distance contracts regarding financial services within fourteen days without any justification and without penal clauses. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the provider within this period. The provider is obliged to prove that the consumer has been informed about the right of withdrawal. In contracts related to insurance contracts and individual pensions, the provisions in favor of the consumer in other legislation regarding the withdrawal period are applied.
(6) In distance contracts related to financial services, it is sufficient for the consumer to convey his request to terminate the contract by any means of remote communication. The consumer cannot be compelled to use a method that includes more severe conditions than the method that ensures the establishment of the contract in order to terminate the contract.
(7) Use of distance communication tools in distance contracts regarding financial services, out-of-scope contracts, card payment, rights and obligations of the consumer and the provider, withdrawal The right and other implementation procedures and principles are determined by the regulation.
Timeshare and long-term holiday service agreements
ARTICLE 50 – (1) Timeshare contracts are contracts that are established for a period of more than one year and allow the consumer to stay for one or more nights for more than one period during this period. .
(2) The fact that the right provided by timeshare vacation agreements is a personal or real right does not prevent the implementation of this article. For the land on which the real estate subject to timeshare will be built, a timeshare vacation contract cannot be concluded with consumers without obtaining a building permit.
(3) A long-term holiday service contract, established for a period of more than one year and relating to accommodation or accommodation with travel or other services together with accommodation, to the consumer for a specified period of time. are the contracts that give the right to benefit from discounts or other benefits.
(4) It is obligatory to give consumers an information form at least one day before the establishment of the following contracts, containing the matters determined by the Ministry:
a) Timeshare agreements
b) Long-term holiday service agreements
c) Exchange agreements
ç) Resale agreements in which the seller or provider assists the consumer in buying and selling the timeshare or extended holiday service.
(5) Except for the contracts established by the distance selling method; The seller or supplier, especially the seller, is responsible for ensuring that the consumer writes the date of the contract in his own handwriting and signs the contract. It is obligatory to give a copy of these contracts, which are established in writing or at a distance, to the consumer on paper or with a permanent data storage. The provisions of the law that cause more severe form conditions are reserved.
(6) The consumer has the right to withdraw from the contract within fourteen days without any justification and without penal clauses. Except for the agreements that give time-share rights; Before the expiry of the withdrawal period, the seller or the provider obliges the consumer to make payments under any name or to owe the consumer. cannot ask him to give any document that puts him under it. circuit breakl, long-term holiday service contracts and resale, exchange and all other related contracts arranged together with these contracts automatically terminate with the exercise of the right of withdrawal.
(7) If the price to be paid by the consumer is partially or wholly borne by a creditor based on the agreement between the seller or the provider and the creditor, the consumer's withdrawal from the contract and the related notification within the withdrawal period In addition, if it is directed to the creditor, the tied credit agreement is also an obligation to pay any indemnity or penal clause. ends without
(8) The Ministry is the subject of a timeshare holiday with the payment of the seller or the provider for the projects over the size to be determined according to the criteria of the number of circuits in the project or the total cost of the project. Before starting the sale of the real estate, it is obligatory to have building completion insurance, the scope, conditions and application principles of which are determined by the Undersecretariat of Treasury, or to provide other guarantees or conditions determined by the Ministry. Compensation, collateral and similar guarantees provided within the scope of building completion insurance cannot be included in the bankruptcy or liquidation desk, cannot be seized, and precautionary injunctions and precautionary attachments cannot be placed on them.
(9) In case the immovable subject to timeshare vacation is sold with a lump sum, the consumer has the right to withdraw without a contract without any justification, until the transfer or delivery date. In case of returning from the contract, the seller may claim compensation up to two percent of the contract price. The seller never fulfills his obligations. or if he does not fulfill it properly, he cannot demand any price from the consumer. In case of returning from the contract, the amount to be returned to the consumer and the consumer are owed. all kinds of the document is the latest from the date on which the notification of return is received by the seller; It is returned to the consumer within ninety days. It owes the price received by the seller and the consumer. all kinds of From the date of returning the document, the consumer returns his acquisitions within ten days.
(10) In the pre-payment sale of the real estate for timeshare holiday, the transfer and delivery period cannot exceed thirty-six months from the date of the contract.
(11) Contents of timeshare, long-term holiday service, resale, exchange agreements and pre-information, rights and obligations of the consumer, the seller and the provider , the right of withdrawal, sales with an advance payment and other application procedures and principles are determined by the regulation.
Package tour contracts
ARTICLE 51 – (1) A package tour contract, in which at least two of the following services are sold or promised to be sold at an all-inclusive price by the package tour organizers or intermediaries, and the service covers a period of more than twenty four hours, or are the contracts that include overnight accommodation:
a) Transportation
b) Accommodation
c) Other tourism services that are not dependent on transportation and accommodation services.
(2) The provisions of this article are also applied in cases where the details of the tour are determined by the package tour organizer, agent or consumer, or if the services within the same package tour are billed separately.
(3) In cases where the package tour organizer does not have a representative in Turkey, the package tour agent becomes responsible like the package tour organizer.
(4) Before the package tour contract is concluded, it is obligatory to give a brochure to the consumer for informational purposes.
(5) Package tour organizers or intermediaries are obliged to provide the consumer with a copy of the package tour contracts, which are established in writing or distance, on paper or through permanent data storage.
(6) The consumer may accept this change or an alternative tour offered by the package tour organizer in case one of the essential elements of the package tour contract changes for reasons not caused by him or if the tour is canceled before the start of the tour. It also has the right to withdraw from the agreement. In the event of a return from the contract, the package tour organizer or agent is obliged to promptly return the entire price paid by the consumer, without any deduction, from the date on which the return notification is received. /p>
(7) The consumer, arising during the performance of the contractall kinds of has the right to demand the reduction of the price due to the deficiency. The package tour organizer has a significant obligation after the tour has started; When it is determined that it does not or cannot fulfill it, the consumer can withdraw from the contract. In these cases, the right of the package tour organizer or agent to charge fees expires. The statements that have been made have been returned without agreement; It must be returned to the consumer immediately as of the date. However, the package tour organizer may demand an appropriate compensation from the consumer for the actions he has performed so far, at the rate that he has benefited from the service.
(8) Without prejudice to the provisions of the Travel Agencies and Travel Agencies Association Law dated 14/9/1972 and numbered 1618, regarding compulsory insurance, the package tour organizer's contract is not; or any kind of damage suffered by the consumer due to not performing it properly; responsible for the damage. The consumer can also claim an appropriate compensation for wasted vacation time.
(9) People who benefit from package tour services within the scope of their commercial or professional activities are also considered as consumers.
(10) Preliminary information, the content of the contract, the transfer of the package tour, the conditions of the modification of the contract and the rights of the consumer in such cases, the results of the cancellation of the package tour, the package tour level; The responsibilities of the organizer and its intermediary, the circumstances under which the consumer can claim compensation, the termination and results of the contract, and other application procedures and principles are determined by the regulation.
Subscription agreements
ARTICLE 52 – (1) A subscription contract is a contract that enables the consumer to obtain a certain good or service at regular or regular intervals.
(2) It is obligatory to give a copy of these contracts, which are established in writing or at a distance, to the consumer on paper or with a permanent data storage.
(3) Provisions regarding the extension of the contract until the specified period cannot be placed on subscription contracts for a certain period of time; However, after the establishment of the subscription contract, the subscription contract can be extended if the consumer requests or approves until the contract expires.
(4) The consumer has the right to terminate a fixed-term subscription contract with an indefinite duration or a duration of more than one year, at any time, without any justification and without penal clauses. . In the case of a fixed-term subscription contract with a duration of less than one year, if the seller or the provider makes a change in the terms of the contract, the consumer may terminate the contract. It is sufficient that the notice of termination is directed to the seller or provider on paper or with a permanent data storage. The seller or the provider cannot determine a method for the termination of the subscription agreement that includes more severe conditions than the method that ensures the establishment of the agreement.
(5) The seller or the provider is obliged to fulfill the consumer's request to terminate the subscription within the time limits 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 used since the end of these periods. The seller or the supplier is obliged to refund the remainder of the fee paid by the consumer, without deduction, within fifteen days after the notice of termination becomes effective.
(6) The seller or the provider is obliged to take the necessary measures to fulfill the notifications and requests regarding the termination of the subscription agreement, and to establish an appropriate system when necessary and to keep this system open uninterruptedly; d.
(7) The mandatory content of the contract, the rights and obligations of the consumer, the seller and the supplier, and other implementation procedures and principles are determined by the regulation.
Promotional practices organized by periodicals
ARTICLE 53 – (1) Organized by periodicals and for whatever purpose; and in promotional applications where the provision of a second good or service other than periodicals is committed or given by means of tickets, coupons, participation numbers, games, raffles and similar means, in any form whatsoever, for the purpose of periodic broadcasting as determined by the regulation. suitable forNo goods or services other than cultural goods or services can be provided.
(2) The duration of promotional applications that require multiple purchases of the serial and spread over a certain period of time; It cannot exceed seventy-five days for daily publications, eighteen weeks for weekly publications, and twelve months for longer publications.
(3) The periodicals broadcaster, in advertisements of the promotion application, announces the program regarding the delivery and performance dates of the product or service throughout Turkey, and the delivery and performance of this good or service is within forty-five days from the end of the promotion application. It has to fulfill within.
(4) During the promotion, the sales price of the periodical cannot be increased due to the cost increase caused by the good or service promised to be given as a secondary product. The consumer cannot be asked to cover all or part of the cost of the goods or services subject to the promotion.
(5) Commitment for the good or service subject to the promotion application; and its distribution cannot be made by division, and the integral or complementary parts of this good or service cannot be brought into a separate promotion subject. Transactions related to each good or service promised to be given as a secondary product in the implementation of this Law are considered as an independent promotional application.
(6) Promotional practices that are not regulated by periodicals but directly or indirectly associated with the serial are also subject to the provisions of this article.
(7) The procedures and principles regarding promotional practices are determined by the regulation.
PART FIVE
Informing the Consumer and Protecting Its Interests
Price tag
ARTICLE 54 – (1) The place of manufacture, which displays the selling price and unit price of the goods offered for retail sale, including all taxes to be charged by the consumer, in an easily visible and legible manner on the goods or their packaging or containers. and labeling with separator properties; In cases where it is not possible to put a label, the lists containing the same information must be hung in suitable places so that they can be seen. Lists showing the tariffs and prices of services are also arranged in accordance with the provision of this article.
(2) In case of a difference between the price specified in the label, tariff and price lists and the price of the safe, the price in favor of the consumer is applied.
(3) The sale price of the goods or services subject to discounted sale, the price before the discount, tariff and price lists and labels are displayed. The proof that the goods or services subject to discounted sale are offered for sale at a lower price than the price before the discount belongs to the seller or provider.
(4) The Ministry, municipalities and relevant chambers are in charge of carrying out the works related to the implementation and monitoring of the provisions of this article.
(5) Labels, tariffs and price lists, the duration of discounted sales and other application procedures and principles are determined by the regulation.
Introduction and user guide
ARTICLE 55 – (1) The goods offered to the consumer must be offered for sale with a Turkish introduction and user manual regarding the introduction, use, installation, maintenance and simple repair, and with labels containing international symbols and signs when necessary.
(2) Written and audible expressions must be in Turkish if the issues regarding the safe use of the goods are on the goods.
(3) In case the goods may be harmful or dangerous to the health of the person and the environment in accordance with the relevant technical regulation, explanatory information about this situation must be placed on the goods or in the introduction and user manual for the safe use of this product. and warnings are placed or written in such a way that they are clearly visible and readable.
(4) Responsibility for promotion and preparation of user manuals in Turkey is the responsibility of the manufacturer and importer; The responsibility of giving to the consumer and proving that it has been delivered rests with the seller.
Warranty certificate
ARTICLE 56 – (1) A guarantee document, the content of which is determined by the regulation, for the goods produced or imported for the producers and importers, the consumerI have to arrange. It is the seller's responsibility to ensure that this document is perfected and delivered to the consumer.
(2) The warranty period is at least two years, starting from the delivery date of the goods. However, due to its nature, the warranty conditions of some goods are given to the Ministry by another measure. can be determined by the unit.
(3) If the consumer has exercised his right to repair from the elective rights specified in article 11 of this Law, it is possible for the product to fail again within the warranty period or to exceed the maximum period required for repair or repair. In cases where it is understood that there is no such thing, he can use his other elective rights set forth in Article 11. The seller cannot refuse the consumer's request. If this request is not fulfilled, the seller, the manufacturer and the importer are jointly responsible.
(4) Which goods have to be sold with a guarantee certificate and other application procedures and principles are determined by the regulation.
Optional warranty
ARTICLE 57 – (1) Optional warranty, regarding the goods or services, without prejudice to the legal rights of the consumer; the additional commitment given by the seller, supplier, manufacturer or importer for change, repair, maintenance, refund and similar issues; means.
(2) Discretionary warranty commitment; During the period, no expense can be claimed from the consumer due to the use of the promised rights.
(3) In addition to the commitment, the person making the commitment is also bound by the statements in the relevant advertisements and announcements. In this commitment, the legal rights of the consumer are reserved, the terms of use of the guarantee, its duration, the name of the guarantee giver and contact information.
(4) It is obligatory to give the discretionary warranty commitment to the consumer in writing or with a permanent data storage.
(5) Even if the voluntary warranty commitment does not meet the features set forth in this article, it binds the undertaker.
After-sales services
ARTICLE 58 – (1) Manufacturers or importers, the useful life determined by the Ministry for the goods they produce or import; During the period, it has to provide after-sales maintenance and repair services.
(2) Manufacturers or importers must obtain an after-sales service adequacy certificate approved by the Ministry for the goods determined by the regulation.
(3) The repair period of a product at authorized service stations cannot exceed the maximum period determined by the regulation.
(5) Service stations operating independently of any manufacturer or importer are also responsible to the consumer for the services they provide.
(6) During the warranty period, the seller, the manufacturer and the new importer are jointly responsible for the provision of maintenance and repair services in the event that the commercial activity of the import is terminated in any way. After the warranty period has expired, the usage life; The manufacturer or the new importer has to offer maintenance and repair services during the process.
(7) The establishment, operation, number, characteristics and other application procedures and principles of service stations are determined by a regulation.
Consumer's awareness
ARTICLE 59 – (1) The opinion of the Ministry on the curricula of formal and non-formal education institutions on raising consumer awareness; by taking Millî Necessary additions are made by the Ministry of Education.
(2) Radio and television organizations broadcasting throughout the country are obliged to make broadcasts between 08.00 and 22.00, not less than fifteen minutes a month, in order to raise the awareness of the consumer. The date, time, duration and content information of the broadcasts are reported to the Radio and Television Supreme Board on a regular basis every month in the form of a list. Broadcasts made outside of these hours are not included in the monthly fifteen-minute period. These periods are inspected by the Radio and Television Supreme Council and the results are reported to the Ministry.
Consumer Awards
ARTICLE 60 – (1) Consumer rewards are awards given for the purpose of protecting and raising the consumer's awareness and encouraging them to exercise their legal rights.
(2) Consumer prize andIt is essential that awards given under similar names are given without any benefit and that these awards are based on previously announced objective criteria.
(3) Consumer prize The procedures and principles regarding the award are determined by the regulation.
PART SIX
Commercial Advertising and Unfair Commercial Practices
Commercial advertising
ARTICLE 61 – (1) In connection with commercial advertising, trade, business, craft or occupation; They are announcements in the nature of marketing communication performed by advertisers in any medium, in written, visual, auditory and similar ways, in order to ensure the sale or rental of a good or service, to inform or persuade those who constitute the target audience.
(2) It is essential that commercial advertisements comply with the principles determined by the Board of Advertisement, general morality, public order and personal rights, be correct and honest.
(3) Deceiving the consumer or abusing his lack of experience and knowledge, endangering the safety of life and property, acts of violence and crime; Commercial advertisements that are offensive to the processing, disrupting public health, abusing the sick, the elderly, children and the disabled cannot be made.
(4) Inclusion of commercial titles or business names with names, brands, logos or other distinctive shapes or expressions regarding goods or services in articles, news, broadcasts and programs without expressly stating that they are advertisements, for advertising and promotional purposes. in the nature of submission is considered an advertisement. All kinds of verbally, in writing and visually in the communication tool; Advertising is prohibited.
(5) Comparative advertising of competing goods or services that meet the same needs or serve 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) Limitations to be brought regarding commercial advertisements and the procedures and principles to be followed in these advertisements are determined by the regulation.
Unfair commercial practices
ARTICLE 62 – (1) a commercial application; non-compliance with the requirements of professional practice and the average consumer or the average member of the group to which he or she is directed, significantly distorting or significantly distorting the economic behavior regarding the good or service; It is considered to be unfair if there is a possibility of spoiling the product. Especially deceptive or offensive practices and practices included in the annex to the regulation are considered unfair commercial practices. Unfair commercial practices against the consumer are prohibited.
(2) In the event that the commercial practice is claimed to be unfair, the person involved in the commercial practice is obliged to prove that this practice is not an unfair commercial practice.
(3) In cases where unfair commercial practice is carried out through advertisement, the provisions of article 61 of this Law are applied.
(4) The procedures and principles regarding the detection of unfair commercial practices and their inspection, and practices that will in any case be considered as unfair commercial practices are determined by the regulation.
Ad Board
ARTICLE 63 – (1) To determine the principles to be followed in commercial advertisements and to make arrangements to protect the consumer against unfair commercial practices, to examine and, if necessary, to inspect in accordance with these issues, to suspend or follow the same procedure. Correction by means of an administrative fine or in cases deemed necessary; An Advertisement Board is established in charge of issuing a precautionary suspension penalty of up to one month. The Board may delegate its authority to take a decision to stop it, to the Chairman of the Board of Advertisement. The decisions of the Board are applied to the Ministry.
(2) Advertising Board, chaired by the relevant General Manager to be appointed by the Minister;
a) A member to be appointed by the Ministry from among the relevant Deputy Director Generals,
b) A member to be appointed by the Ministry of Justice from among the judges or prosecutors working in administrative duties in this Ministry,
c) A member to be appointed by the Ministry of Food, Agriculture and Livestock,
Cedil;) A member to be appointed by the Ministry of Health,
d) A member to be appointed by the Ministry of Culture and Tourism,
e) In charge of the Radio and Television Supreme Councila member to support,
f) A member of the Turkish Standards Institute,
g) A member to be elected from among the metropolitan municipalities of Ankara, Istanbul and Izmir,
ğ) A member to be appointed by the Higher Education Council from among faculty members who are experts in advertising, communication or commercial law,
h) A member to be appointed by the Union of Chambers and Commodity Exchanges of Turkey from among the members of the Turkey Media and Communication Council,
ı) A member to be appointed by the Turkish Confederation of Tradesmen and Artisans,
i) The consumer organization of the Consumer Council participating in the Council; a member to be chosen from among its representatives,
j) A member to be elected by the advertisers associations or higher organizations, if any,
k) A member to be elected by the advertisers associations or higher organizations, if any,
l) A member of the pharmacist appointed by the Turkish Pharmacists' Association,
m) A dentist to be appointed by the Turkish Dental Association,
n) A doctor to be appointed by the Central Council of the Turkish Medical Association,
o) To a lawyer member to be appointed by the Union of Turkish Bar Associations,
It consists of nineteen members, including the chairman,
.
(3) Term of office of the members of the Board; years. Those whose term has expired may be reassigned or elected. If the memberships become vacant for any reason, the vacant memberships are appointed or elected within one month, within the scope of the second paragraph principles. The term of the expired member continues until the new member starts his/her duty.
(4) Board at least once a month or as needed; whenever it is heard, it gathers on the pain of the President.
(5) The Board convenes with the presence of at least eleven members, including the Chairman, and decides with the absolute majority of those attending the meeting. In case the votes are equal, the party on which the President votes provides the majority.
(6) Specialized commissions are established at the Ministry in sectoral fields to assist the Board in making decisions. Commissions, including the chairman, at least three; consists of a maximum of five people.
(7) The attendance fee and attendance fee to be paid to the Chairman and members of the Board and the chairman and members of the specialization commission, and the procedures and principles regarding this, are in line with the opinion of the Ministry of Finance; and determined to the Ministry.
(8) The Board conducts its examination through the file containing the relevant documents. The secretariat services of the Board are performed by the General Directorate.
(9) The Board deems it necessary; Otherwise, specialized universities, private law legal entities and real persons may seek the opinions of real persons regarding matters that require special expertise.
(10) Board decisions are announced to the Ministry in order to inform and enlighten the consumers and protect their economic interests.
(11) The establishment, duties, working procedures and principles of the Board of Advertisement and specialized commissions, secretariat services and other issues are determined by the regulation.
PART SEVEN
Consumer Organizations
FIRST BÖLÜM
Consumer Council and Advertising Council
Consumer Council
ARTICLE 64 – (1) In order to investigate the necessary measures regarding the identification of consumer problems and needs and to protect their interests, and to convey opinions on the measures for the implementation of this Law to the relevant authorities to be handled with priority, at least once a year. Once, under the coordination of the Ministry, the Consumer Council convenes.
(2) The number of representatives from public institutions and organizations to the Consumer Council can never be more than 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 the regulation.
Advertising Council
ARTICLE 65 – (1) To follow contemporary communication practices regarding the creation and implementation of advertising policies, to conduct research and studies on the development of the advertising industry and advertising control function, to provide opinions and views in this field. Advertising Council meets at least once a year under the coordination of the Ministry in order to make suggestions and convey these views and suggestions to the relevant authorities.
(2) AdvertisementThe number of representatives coming to the Council from public institutions and organizations can never be more than fifty percent of the total number of members of the Council.
(3) Members of the Advertising Council, working procedures and principles and other issues are determined by a regulation.
SECOND BÖLÜM
Consumer Arbitration Panel
Foundation and field of duty
ARTICLE 66 – (1) The Ministry shall establish at least one consumer arbitral tribunal in provincial centers and provincial centers, whose qualification conditions are determined by the regulation, in order to find solutions to disputes that may arise from consumer transactions and practices against the consumer. is in charge.
(2) Consumer arbitration committee, chaired by the provincial director of commerce in the provinces and the district governor or an officer appointed by them in the provinces
a) A member to be appointed by the mayor from among the expert municipal personnel,
b) A member to be appointed by the Bar Association from among its members,
c) In disputes where the seller is a merchant, the chamber of commerce and industry or the chamber of commerce where they are organized separately; In disputes where the seller is a tradesman and an artist, a member to be appointed by the union of chambers of tradesmen and artists in provinces, and by the chamber of tradesmen and artists with the highest number of members in provinces,
Cedil;) A member to be chosen from among the consumer organizations,
It consists of five members, including the chairman. The substitutes of the chairman and members with the qualifications specified in this paragraph are also determined.
(3) In places where the formation of a consumer arbitral tribunal cannot be ensured, the missing memberships are completed by the provincial director of commerce in the provinces and the district governor in the provinces among the civil servants who have the qualifications determined by the regulation. /p>
Reportör
ARTICLE 67 – (1) Rapporteurs may be employed in consumer arbitration committees established in provincial and provincial centres. In provinces where the number of rapporteurs is not sufficient, the provincial director of trade; by the provincial directorate of commerce; A sufficient number of reporters are appointed by the district governor from among the civil servants in charge of the province.
(2) The reporters of the consumer arbitration committee are responsible for preparing the files that will form the basis of the committee's studies and decisions and presenting the report on the dispute.
Application
ARTICLE 68 – (1) Provided that the rights of the parties in the Execution and Bankruptcy Law are reserved; Provincial consumer arbitration committees in disputes whose value is less than four thousand Turkish Liras, provincial consumer arbitration committees in disputes less than six thousand Turkish Liras, and in provinces with metropolitan status In disputes between four thousand Turkish Liras and six thousand Turkish liras, it is obligatory to apply to the provincial consumer arbitration committees. No application can be made to consumer arbitration committees for disputes over these values.
(2) Consumer arbitration committees are obliged to accept the applications made to them in due course.
(3) Applications can be made to the consumer arbitration committee where the consumer is located or where the consumer transaction is made. Where there is no consumer arbitration committee, where the applications will be made and which consumer arbitration committee will decide on these applications are determined by the regulation.
(4) The monetary limits specified in this article shall be valid from the beginning of each calendar year, and the repetitive article 298 of the Tax Procedure Law dated 4/1/1961 and numbered 213 for that year; It is applied by increasing the revaluation rate determined and announced in accordance with the principles. In the calculation of these increases, a little of ten Turkish Liras is not taken into account.
(5) This article does not prevent consumers from applying to alternative dispute resolution authorities in accordance with the relevant legislation.
Review
ARTICLE 69 – (1) Consumer arbitral tribunals are responsible for all kinds of disputes related to the subject of dispute. may request information and documents from parties, relevant institutions or organizations.
Decision and appeal
ARTICLE 70 – (1) The decisions made by the provincial and provincial consumer arbitration committees bind the parties.
(2) The decisions of the consumer arbitral tribunal are notified to the parties in accordance with the provisions of the Notification Law No. 7201 dated 11/2/1959. Decisions of the consumer arbitration committee, the provision of the Execution and Bankruptcy Law on the execution of the writsIt is fulfilled according to your wishes.
(3) The parties may object to the decisions of the consumer arbitration committee within fifteen days from the date of notification to the consumer court in the place where the consumer arbitration committee is located. The objection does not stop the execution of the consumer arbitral tribunal's decision. However, provided that it is requested, the judge may suspend the execution of the consumer arbitral tribunal's decision through injunction.
(4) If the appealed decision is in accordance with the law in its substance, but the objection must be accepted due to a mistake in the application of the law to the case, or if it does not require a retrial on the issue that does not comply with the law, the consumer court on the document, may decide to ratify by amending or amending the decision. This provision is also applicable to the inaccuracies in the identities, commercial titles of the parties, as well as the errors of writing, calculation or other clear expression. If the decision is in accordance with the procedure and the law and is not found to be true to the justification, it is upheld by amending the reason or correcting it.
(5) The decision of the consumer court upon the objection made against the decisions of the consumer arbitration committee is final.
(6) In the objection cases filed against the decisions made by the consumer arbitration committees in favor of the consumer, in case of annulment of the decision, the attorney will be charged against the consumer on a proportional tariff according to the minimum attorney fee tariff. ;fee is charged.
(7) In the decisions made against the consumer by the consumer arbitration committee regarding the dispute, the notification and expert fees are paid by the Ministry. In case the dispute is concluded in favor of the consumer, the notification and expert fees are determined by the Procedure for Collection of Public Claims dated 21/7/1953 and numbered 6183. According to the provisions of the Law on it, it is collected from the other party and recorded as income.
The right to rest and the fee
ARTICLE 71 – (1) Attendance and attendance fee and expert fee to be paid to the chairman and members of the consumer arbitration committee, and other public personnel appointed as rapporteurs, and the procedures and principles regarding these payments are determined by the Ministry of Finance. favorable opinion and determined to the Ministry.
Other considerations
ARTICLE 72 – (1) Establishment of consumer arbitration committees, working procedures and principles, qualifications of rapporteurs, procedures and principles regarding the institution of expertise and other matters are determined by a regulation.
PART EIGHT
Provisions on Trial, Supervision and Punishment
Consumer courts
ARTICLE 73 – (1) Consumer courts are responsible for cases related to disputes that may arise from consumer transactions and practices against the consumer.
(2) Lawsuits filed by the Ministry, consumers and consumer organizations before consumer courts are exempt from the fees regulated in the Excise Law No. 492 dated 2/7/1964.
(3) In cases to be brought by the consumer organizations, the expert's fee and in case the case is concluded against the plaintiff, the attorney's fee imposed shall be borne by the Ministry. In the event that the case is concluded against the defendant, the expert's fee, the Procedure for the Collection of Public Claims; According to the provisions of the Law, the income is recorded in the whole by being collected from the defendant.
(4) Lawsuits to be heard in consumer courts will be governed by the provisions of the Sixth Part of the Code of Civil Procedure dated 12/1/2011 and numbered 6100.
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(5) Consumer lawsuits can also be filed in the consumer court where the consumer's place of residence is located.
(6) Consumer organizations, relevant public institutions and organizations and the Ministry; Except for the provisions regarding unfair commercial practices and commercial advertisements, in cases where there is a risk of a situation in violation of this Law, which generally concerns consumers, taking a preliminary injunction to prevent or stop it, or to detect an unlawful situation, A lawsuit can be filed in consumer courts in order to prevent or stop it.
(7) In cases involving consumers in general, the plaintiff may request the publication of the decisions rendered. In case the request is accepted by the court, this decision is announced immediately in at least three newspapers published at the country level, the costs of which are collected from the defendant.
(8) Final decisions given by consumer courts, NationalIt is transmitted to the Ministry through the Judicial Network Information System. Decisions made as a result of objections against the decisions of consumer arbitration committees are sent to the relevant consumer arbitration committee by the court that made the decision.
Üsuspension of production or sale and recall of the goods
ARTICLE 74 – (1) The Ministry, consumers or consumer organizations may be sued in order to determine that a series of goods offered for sale is defective, to stop its production or sale, to eliminate the defect and to collect it from those who hold it for sale.
(2) In case it is determined by a court decision that the serial goods offered for sale are defective, the court may decide to temporarily suspend the sale of the goods or to remedy the defect, depending on the nature of the defect. At the latest from the notification date of the manufacturer or importer court decision; üç It is responsible for removing the fault of the goods within the month. In the event that it is impossible for the defect of the goods to disappear, the goods are collected by the manufacturer or the importer or have it collected. The seized goods are partially or completely destroyed or made to be destroyed according to the risks they carry. Litigation and compensation rights of the consumer regarding the destroyed goods are reserved.
(3) In the event that a series of goods offered for sale carries a defect that endanger the safety of the consumer, the provisions of the Law on the Preparation and Implementation of the Technical Legislation Regarding the Products are reserved.
Control
ARTICLE 75 – (1) In the implementation of this Law, Ministry inspectors, customs and trade inspectors, and personnel to be assigned to the Ministry are authorized to conduct inspections, examinations and research in any place where goods or services are provided.
(2) In matters falling within the scope of this Law, all kinds of authorized and responsible persons or organizations; It is obligatory to submit the originals or certified copies of the documents if the information and document is displayed correctly or is requested.
Consumer Product; and service control
ARTICLE 76 – (1) Consumer Product; Designed for use by consumers, including those used in the service industry, or intended to be used by consumers under reasonable conditions, supplied or usable either as a result of commercial activities or by other means All kinds of new, used or improved products brought with It is a product.
(2) Provided that the manufacturer or distributor gives clear information to the consumer, second-hand products that are antiques or that need to be repaired or improved before being used are not considered within the scope of the first paragraph.
(3) Consumer products and services offered to the consumer; It should not harm life and property safety and the environment, and all kinds of mandatory applications; It should be in accordance with the administrative and technical regulation.
(4) The Ministry is responsible for carrying out the market surveillance and inspection of the consumer products for which it is responsible, in accordance with the provisions of the Law on the Preparation and Implementation of the Technical Legislation Regarding the Products.
Penalment provisions
ARTICLE 77 – (1) The 4th, 6th, 7th, 18th, 19th, 20th, 21st, 23rd, 26th, 30th, 33rd, 35th, 48th, 49th, 51st, 52nd, 54th; An administrative fine of two hundred Turkish Liras is applied for each transaction or contract found to be in violation of those who act in violation of the obligations specified in Articles and 57.
(2) In case the unfair terms determined in accordance with Article 5 of this Law are used in consumer contracts, if this unfair condition is not removed from the text of the contract within the period to be given to the Ministry, the violation will be determined. An administrative fine of two hundred Turkish Liras is applied for each contract concluded.
(3) 24th, 25th, 27th, 28th, 29th, 34th, 36th, 37th, 38th, 39th, 41st, 43rd of this Law; The first, second and fourth articles of the third, 45th, 46th articles and 31st article, the second of the 40th article, the third, fourth, fifth, and seventh article of the 47th article and for each transaction or contract found to be contrary to those who violate the obligations set forth in the fourth, fifth, sixth, seventh, ninth and eleventh paragraphs of Article 50 An administrative fine of Turkish Lira is applied.
(4) 44th of this Lawuml; Twenty thousand Turkish Liras for each undelivered house for those who violate the obligations specified in Article 50, for each transaction or contract found to be in violation of the tenth paragraph of Article 50; An administrative fine of one thousand Turkish Liras is applied.
(5) The third article of Article 40 of this Law; An administrative fine of one hundred thousand Turkish Liras is imposed on those who violate the obligations set forth in the second paragraph of the article 47 and 50.
(6) Offered to the market about the manufacturer and importer acting contrary to the obligations specified in Articles 55 and 56 of this Law; An administrative fine of two hundred Turkish Liras is imposed on the seller for each good sold to the consumer.
(7) An administrative fine of one hundred thousand Turkish Liras is imposed on those who give a widow in violation of the provisions set forth in Article 60 of this Law.
(8) The third article of the 31st article of this Law; Those who act in violation of the obligations set forth in the Article 42 and the eighth paragraph of the Article 50 are given one month to rectify this violation. If the violation is not remedied at the end of this period, the third article of the 31st article; An administrative fine of five million Turkish Liras is imposed on organizations that issue cards in violation of the Article 42 and five hundred thousand Turkish Liras on those who violate Article 42 and the eighth paragraph of Article 50.
(9) 53rd of this Law; Five thousand Turkish Liras for periodicals that violate the obligations specified in the article; If the violation is committed with the periodical distributed throughout the country, an administrative fine of one hundred thousand Turkish Liras is applied. The periodicals broadcaster, the campaign and all kinds of information related to the campaign; It also stops advertising and posting. In case of the continuation of the violation, an administrative fine of ten thousand Turkish Liras is applied for each issue/day from the date when the obligation to stop the advertisement and advertisement arises.
(10) For manufacturers and importers who violate Article 58 of this Law, one hundred thousand Turkish Liras if after-sales service adequacy certificate is not obtained; ten thousand Turkish Liras for each service station not established; An administrative fine of one thousand Turkish Liras is applied for each service station, regarding the deficiencies and contradictions detected at the service stations.
(11) An administrative fine of ten thousand Turkish Liras is imposed on radios and televisions that violate the obligations set forth in the second paragraph of Article 59 of this Law.
(12) Advertisers, advertising agencies and media organizations acting in violation of the obligations set forth in Article 61 of this Law shall be subject to suspension or rectification by the same method or administrative fine and necessary punishment. even in the prevailing circumstances; A precautionary suspension penalty is applied up to one month. The Board of Advertisement may impose these penalties together or separately, depending on the nature of the violation. Inconsistency;
a) Ten thousand Turkish Liras, if realized through the television channel broadcasting at the local level,
b) Two hundred thousand Turkish Liras if it is realized through the television channel broadcasting throughout the country,
c) Half of the penalties specified in subparagraphs (a) and (b), if carried out through periodicals,
ç) Five thousand Turkish Liras if it is realized through the radio channel broadcasting at the local level,
d) Fifty thousand Turkish Liras if it is realized through the radio channel broadcasting throughout the country,
e) Fifty thousand Turkish Liras, if realized via the Internet,
f) Twenty-five thousand Turkish Liras, if realized via short message,
g) Five thousand Turkish Liras, if realized through other channels,
administrative fines are imposed. The Board of Advertisement may impose the administrative fines stated above up to ten times in case the violation subject to administrative action is repeated within one year.
(13) Unfair commercial practice against those who act contrary to the obligations set forth in Article 62 of this Law; a precautionary suspension or suspension of up to one month, or an administrative fine of five thousand Turkish Liras. The Board may impose these penalties together or separately, depending on the nature of the violation. Administrative fine, fifty thousand T if the violation occurred throughout the countryIt is applied as Turkish Lira. In case it is determined that the violation is committed through advertisement, the provisions of the twelfth paragraph of this article are applied.
(14) 74th of this Law; One hundred thousand Turkish Liras for the manufacturer or importer who violates the obligations specified in the article; An administrative fine of five thousand Turkish Liras is imposed on those who violate the obligations set forth in the first paragraph of Article 79.
(15) It is cautioned that those who act contrary to the obligations set forth in the second paragraph of Article 75 of this Law shall be given the correct information and documents within seven days or the opportunity for on-site inspection shall be provided. If the violation persists despite the warning, an administrative fine of not less than twenty-five thousand Turkish Liras is imposed, up to one percent of the annual gross income generated at the end of the previous fiscal year after the detection of the violation. In case the contrary act is repeated within one year, the administrative fine is applied twice.
(16) The third article of Article 76 of this Law; An administrative fine of two hundred Turkish Liras is imposed for each transaction against the providers who provide services contrary to the obligations set forth in the paragraph.
(17) In violation of Article 80 of this Law, those who initiate and organize the pyramid sales system or disseminate it by means of a meeting, e-mail or other means suitable for ensuring the participation of many people, or to disseminate such a system in any other way. The relevant provisions of the Turkish Penal Code dated 26/9/2004 and numbered 5237 shall apply to those who support them for commercial purposes.
(18) Administrative money from one thousand Turkish Liras to fifty thousand Turkish Liras for those who do not comply with the obligations imposed by this Law and the measures determined by a regulation or communiqué to the Ministry. penalty is given.
(19) The eighth, ninth, twelfth and thirteenth articles of this article; Except for the administrative fines in the paragraphs; In cases where the total amount of administrative fine applied in a calendar year exceeds twenty-five thousand Turkish Liras as of the date of detection of the violation, the total administrative fine not to be less than this amount and not to exceed one hundred million Turkish Liras. fine amount;
a) It cannot exceed five percent of the annual gross income of the real or legal person subject to the penalty, which is formed at the end of the fiscal year preceding the determination of the violation. In case the gross income of the previous year does not occur, the gross income formed as of the determination date is taken into account. In cases where gross income is not reported or reported incorrectly, this clause is applicable. not applicable.
b) For banks, consumer lending financial institutions and card issuers, it cannot exceed five per thousand of the equity resource published in the latest financial statements disclosed to the public.
(20) Applying administrative sanctions according to this Law does not prevent the actions to be taken pursuant to other laws. The Ministry is authorized to eliminate any hesitations that may arise in the implementation of this article.
Power and objection in penalties
ARTICLE 78 – (1) Administrative sanctions in the second, seventh, eighth, ninth and eleventh paragraphs of Article 77 of this Law are given by the Ministry; twelfth and twelfth; Administrative sanctions decided by the Advertisement Board in accordance with the paragraphs of the paragraphs are applied by the Ministry. Administrative sanctions in other paragraphs are given by the governorship where the sanctioned person's headquarters is located.
(2) Administrative Judgment Procedure dated 6/1/1982 and numbered 2577 against the administrative sanction decisions given pursuant to the provisions of this Law; Administrative judicial remedy may be applied according to the provisions of the Law. However, in the administrative court, the case is filed within thirty days from the day following the notification of the transaction. The fact that an action for annulment has been filed in the administrative court does not stop the execution of the decision.
(3) It is obligatory to try the administrative fines imposed in accordance with this Law within one month from the date of its notification.
PART NINE
Miscellaneous Provisions
Food imitation products
ARTICLE 79 – (1) Food product; Although they are not, they look different from what they are due to their shape, odour, color, appearance, packaging, label, volume or dimensions, and for this reason, by consumers, especially children, food by mixing with their products,It is forbidden to manufacture, market, import and export products that endanger the health and safety of the people. food product Although they are not traditional handicraft product; as a food product; Products that are produced in the form of products that do not harm health are excluded from this provision, provided that there is a warning sign and writing on it.
(2) The Ministry is authorized to take the necessary measures and make arrangements against these products that endanger the health and safety of consumers by appearing different from what they are.
(3) The Law on the Preparation and Implementation of the Technical Legislation Regarding the Precautions to be taken in order to detect the unsafety of these products placed on the market and to notify the European Commission of these measures Its provisions apply.
(4) The Ministry is responsible for the market surveillance and inspection of the products within this scope.
(5) Consumers who buy imitation food products reserve the right to sue for material and moral damages they suffer.
Pyramid sales systems
ARTICLE 80 – (1) Pyramid sales; Real truth, which promises its participants the possibility of gaining money or assets, provided that they find other participants in the system under the same conditions, in return for putting forward some money or assets, and makes the acquisition of assets dependent on the other participants' compliance with the conditions, in whole or in part. nonexistent or very difficult to happen the gain expectation system.
(2) The establishment, dissemination or recommendation of the pyramid sales system is prohibited.
(3) The Ministry is authorized to make the necessary investigations regarding the pyramid sales systems and to take the necessary measures in cooperation with the relevant public institutions or organizations, including the suspension of the electronic system, if any, in our country.
Testing, inspection and analysis
ARTICLE 81 – (1) The Ministry may benefit from the laboratories of official or private institutions for the implementation of this Law. Test and inspection fees are covered by the Ministry's budget.
(2) In case the test and inspection results are contrary to the relevant administrative and technical regulation, all expenses related to this shall be determined by the Procedure for Collection of Public Claims from the manufacturer or importer. It is collected in accordance with the provisions of the Law. The collected test and inspection fees are recorded as income.
Ösubject
ARTICLE 82 – (1) The expenses related to the activities of the Advertisement Board, Advertisement Council, Consumer Council and consumer arbitration committees, the expenses of the Ministry for the purpose of protecting the consumer and other expenses shall be covered by the appropriation to be placed in the Ministry. p>
Other provisions
ARTICLE 83 – (1) In cases where there is no provision in this Law, general provisions shall apply.
(2) The fact that there is a regulation in other laws regarding transactions in which one of the parties is formed by the consumer does not prevent this transaction from being considered a consumer transaction and the implementation 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) The regulations stipulated 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 made by the Ministry, the opinions of the relevant public institutions and organizations, professional organizations in the nature of public institutions, non-governmental organizations and professional organizations are taken.
Creation of staff
ARTICLE 85 – (1) By establishing the cadres in the attached list, the General Staff and Procedure No. 190 dated 13/12/1983; The annex of the Decree-Law has been added to the section of the list (I) belonging to the Ministry of Customs and Trade.
Repealed provisions
ARTICLE 86 – (1) The Law on Protection of the Consumer dated 23/2/1995 and numbered 4077 has been repealed. References made to the Law on the Protection of the Consumer in other legislation are deemed to have been made to this Law.
Continuing provisions
GEÇTHE IMMEDIATE ARTICLE 1 – (1) The cases brought before the effective date of this Law shall not be heard in the courts where they were brought.continues.
(2) Considering the consumer transactions prior to the effective date of this Law, whether they are legally binding and the results, if these transactions were carried out while the law was in force. as a rule, the provisions of that law are applied. However:
a) The provisions contrary to this Law of contracts established and still in effect before the effective date of this Law shall not be implemented as of the effective date. /p>
b) The wrongful person who started to operate before the effective date of this Law; If the time limits and the statute of limitations have not expired, the right will become null and void with the expiration of the period stipulated in this Law. the time or statute of limitations has expired.
(3) Until the regulations enacted in this Law come into force, the burden imposed on the basis of the Law on the Protection of Consumers repealed by this Law; The provisions of the regulation and other legislation that are not contrary to this Law shall apply.
Effectiveness
ARTICLE 87 – (1) This Law enters into force six months after its publication.
Walk
ARTICLE 88 – (1) The provisions of this Law are executed by the Council of Ministers.
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