CONSUMER LAW

LAW ON THE PROTECTION OF CONSUMER NO 4077 AMENDED BY LAW NO 4822

PART ONE

PURPOSE, SCOPE, DEFINITIONS

Aim

Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for their harm, to protect them from environmental hazards, to encourage the initiatives of consumers to protect themselves, and to encourage voluntary organizations in the formation of policies in this regard. arranging matters.

Scope

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

Definitions

Article 3 - In the application of this Law;

a) Ministry: The Ministry of Industry and Trade,

b) Minister: Minister of Industry and Trade,

c) Goods: Movable goods subject to shopping, immovable properties for residence and vacation purposes, and software, audio, video and similar intangible goods prepared for use in electronic environment,

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

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

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

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

h) Consumer transaction: All kinds of legal transactions between the consumer and the seller-provider in the goods or service markets,

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

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

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

l) Advertiser: The real or legal person who has the company or the goods/service brand prepared in order to promote the goods/services it produces or markets, to increase its sales, or to create and strengthen its image, and who publishes, distributes or exhibits in other ways advertisements,

m) Advertiser: The commercial communication specialist real or legal person who prepares commercial advertisements and advertisements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser,

n) Media organization: The real or legal person who is the owner, operator or lessor of communication channels or all kinds of vehicles that deliver commercial advertisements or advertisements to the target audience,

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

p) Consumer organizations: Represents associations, foundations or their superior organizations established for the purpose of protecting the consumer.

PART TWO

CONSUMER PROTECTION AND LIGHTING

Defective Goods

Article 4- Contrary to the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or that reduces its value or the benefits expected by the consumer in terms of allocation or usage purpose. Goods that contain material, legal or economic deficiencies that eliminate or eliminate them are considered as defective goods.

The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including the refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.

Manufacturer-manufacturer, seller, dealer, agent, importer and creditor in accordance with the fifth paragraph of Article 10 are jointly responsible for the defective goods and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility.

If those held responsible for the defect with this article have not assumed responsibility for the defect for a longer period of time, the liability for the defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurred later. This period is five years for residential and holiday immovable properties. Claims to be made due to all kinds of damages caused by the defective goods are subject to a three-year statute of limitations. These claims disappear after ten years, starting from the day the product causing the damage is put on the market. However, if the defect of the goods sold is concealed from the consumer by the seller's gross fault or fraud, the statute of limitations cannot be used.

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

It is obligatory to put a label containing the phrase "disabled" on the defective goods to be sold or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. It is not obligatory to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.

Unsafe goods, even if the label be placed on the market is impaired. These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.

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

Defective Service

Article 4/A- Services containing material, legal or economic deficiencies that are contrary to the quantity affecting the quality or quality determined in the advertisements and announcements notified by the Provider or in its standard or technical rule, or that reduce or eliminate its value in terms of the purpose of benefiting or the benefits expected from it by the consumer, are defective. is considered a service.

The consumer is obliged to notify the provider of this defect within thirty days from the date of performance of the service. In this case, the consumer has the right to withdraw from the contract, to see the service again or to reduce the price at the rate of the defect. If the termination of the contract by the consumer cannot be justified as a requirement of the situation, a discount from the price is sufficient. Along with one of these optional rights, the consumer may also request compensation within the framework of the conditions specified in Article 4. The provider is obliged to fulfill this request chosen by the consumer.

Provider, dealer, agency and creditor according to the fifth paragraph of Article 10 are jointly responsible for the defective service and all kinds of damages caused by the defective service and the consumer's optional rights in this article. Not knowing that the service provided is defective does not remove this responsibility.

If the warranty is not given for a longer period, the claims to be made due to the defective service are subject to a two-year statute of limitations from the performance of the service, even if the defect is discovered later. Claims to be made due to all kinds of damages caused by defective service are subject to a three-year statute of limitations. However, if the fault of the service provided is concealed from the consumer by the gross fault of the provider or fraudulent, the statute of limitations cannot be used.

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

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

Avoidance of Sales

Article 5- A product that does not have the phrase "sample" or "not for sale"; The seller cannot avoid the sale of these goods if they are displayed in the showcase, shelf or any other clearly visible place of a commercial establishment.

It is unavoidable to provide services without a justifiable reason.

Unless there is a custom, custom or custom on the contrary, the seller cannot make the sale of a good or service dependent on conditions such as the quantity, number or size determined by the good or service itself, or on the purchase of another good or service.

This provision also applies to other contracts for the sale of goods and the provision of services.

Unfair Terms in Contracts

Article 6- Contractual conditions, which the seller or supplier unilaterally put into the contract without negotiating with the consumer, causing an imbalance in the rights and obligations of the parties arising from the contract in a way that contradicts the good faith rule, are unfair terms.

Unfair terms in any contract where one of the parties is formed by the consumer is not binding for the consumer.

If a contract condition has been prepared in advance and has not been able to affect the consumer content, especially because it is included in the standard contract, it is considered that the contract condition has not been negotiated with the consumer.

If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the negotiation of certain elements or an individual provision of a condition in this contract does not prevent the application of this clause to the remainder of the contract.

If a vendor or supplier claims that a standard requirement has been discussed individually, the burden of proof rests on it.

Consumer contracts stipulated to be written in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A are drawn up in at least twelve font size and bold black letters. In the absence of one or more of the conditions, the deficiency does not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.

The Ministry determines the procedures and principles regarding the determination of unfair terms in standard contracts and ensuring that they are removed from the contract text.

Sale in Installments

Article 6/A- Sale in installments is the type of sale in which the sale price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.

The contract of sale in installments must be made in writing. The minimum conditions to be included in the contract are shown below:

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

b) The cash sales price of the good or service in Turkish Lira, including taxes,

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

d) The amount of interest, the annual rate at which the interest is calculated, and the default interest rate, provided that it does not exceed thirty percent of the interest rate determined in the contract,

e) Down payment amount,

f) Payment schedule,

g) Legal consequences of the debtor's default.

The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer. If a negotiable bill is to be issued separately from the contract, this bill shall be issued separately for each installment payment and only in registered form. Otherwise, the bill of exchange is invalid.

In installment sales; The consumer has the right to prepay the total amount owed. The consumer can also make one or more installments, provided that it is not less than one installment amount. In both cases, the seller is obliged to make the necessary interest deduction according to the amount paid.

If the seller or the supplier reserves the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the seller or the supplier has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or supplier to exercise this right, they must give at least one week's notice of due date.

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

Timeshare

Article 6/B- Timeshare contracts, which are concluded for a period of at least three years and during this period, contain a commitment to transfer or transfer the right of use of one or more immovables for a certain or determinable period of the year and not less than one week. It is a written contract or a group of contracts, a copy of which must be given to the consumer.

The Ministry determines the procedures and principles regarding timeshare vacation contracts.

Package Tour

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

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

Campaign Sales

Article 7- Campaign sales are sales made by accepting a participant in the campaigns organized by announcing to the consumer through newspaper, radio, television advertisements and similar means, and the delivery or performance of the good or service later.

Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales will be subject to permission, prepayment, installment amount, delivery time, manufacturer's guarantee, collateral to be deposited, and the procedures and principles to be followed in sales with campaigns.

In the event that the delivery or performance of the announced and promised goods or services is not made at all or as required, the seller, supplier, dealer, agency, manufacturer-manufacturer, importer and the creditor according to the fifth paragraph of Article 10 are jointly responsible.

After the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay the entire price paid by the consumer until that time, provided that the delivery date of the goods or services to the consumer is not exceeded.

The organizer of the campaign is obliged to provide the consumer with a copy of the contract, which includes the information on the "campaign end date" and the "delivery or fulfillment date and manner of the goods or services", in addition to the information specified in the second paragraph of article 6/A, in the written contract to be issued for the sales with the campaign.

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

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

In the event that the consumer fulfills all his obligations regarding payment, the delivery of the goods or the performance of the service must be made within one month at the latest following the end of the payment.

Provisions of article 6/A are also applied for sales with campaign installments.

Door to Door Sales

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

The Ministry determines the qualifications to be sought in those who will make door-to-door sales, door-to-door sales that are subject to this Law or not, and the implementation procedures and principles regarding door-to-door sales.

In such sales; The consumer is free to accept the goods within seven days from the date of receipt or to refuse without giving any reason and without any obligation. In the sale of services, this period starts from the date of signing the contract. Before the expiry of this period, the seller or the provider cannot ask the consumer to make a payment under any name or to submit any document that puts him under debt in return for the goods or services subject to the door-to-door sale. The seller is obliged to take back the goods within twenty days from the moment of receipt of the notice of withdrawal.

The consumer is not responsible for the changes and deteriorations that occur due to the habitual use of the goods.

The provisions of article 6/A for door-to-door sales made in installments and article 7 for sales from the door with campaigns are applied separately.

Liability of Seller and Provider in Door-to-door Sales

Article 9- In door-to-door sales contracts, in addition to the other elements required to be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the open address where the withdrawal notification will be made, and the following phrase written in at least sixteen points and bold black letters must be included:

We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt or signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date the withdrawal notification reaches the seller/supplier.

The consumer signs the contract in which the rights he has are written and writes the date in his own handwriting. The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer.

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

Distance Contracts

Article 9/A- Distance contracts; These are the contracts made in written, visual, telephone and electronic media or by using other communication tools and without confronting the consumers, and the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.

Before the conclusion of the distance sales contract, it is obligatory to give the information to the consumer, the details of which will be determined by the communiqué to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. Confirmation of contracts made in electronic environment is also done in electronic environment.

The seller and the supplier fulfill the obligation within thirty days from the moment the consumer's order reaches him. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing beforehand.

The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is free of defects.

During the right of withdrawal, the provisions regarding door-to-door sales are also applied to distance contracts, except for the provisions stating that the consumer cannot be asked to make a payment under any name or to give any document that puts him in debt in return for the goods or services subject to the contract.

The seller or the supplier is obliged to return the price, valuable papers and any document that puts the consumer in debt due to this legal transaction within ten days from the date of receipt of the withdrawal notification and to take back the goods within twenty days.

Consumer Credit

Article 10- Consumer loan is a loan that consumers receive in cash from the lender for the purpose of acquiring a good or service. The consumer loan agreement must be made in writing and a copy of this contract must be given to the consumer. The credit terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.

In the contract;

a) Consumer loan amount,

b) The total amount of debt, including interest and other factors,

c) the annual rate at which the interest is calculated,

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

e) Guarantees to be requested,

f) The default interest rate, provided that it does not exceed thirty percent of the contractual interest rate,

g) Legal consequences of the debtor's default,

h) Conditions for closing the loan before its maturity,

ı) In case the loan is extended in foreign currency, there are conditions regarding the exchange rate on which date will be taken into account when calculating the installments for repayment and the total loan amount.

If the creditor reserves the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the creditor has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments. However, in order for the creditor to exercise this right, he/she must give at least one week and give a warning of maturity. In cases where a personal guarantee is given as a guarantee for the consumer loan, the creditor cannot request the performance of the debt from the guarantor without applying to the main debtor.

The consumer can pay the total amount owed to the creditor in advance, as well as make one or more undue installments. In both cases, the lender is obliged to make the necessary interest and commission deductions according to the amount paid. The Ministry determines the procedures and principles of how much the required interest and commission deductions will be made according to the amount paid.

In the event that the creditor gives the consumer credit on the condition of purchasing a certain brand of goods or services or on the condition of a sales contract to be made with a certain seller or supplier, in case the goods or services sold are not delivered or performed at all or on time, the creditor is against the consumer with the seller or supplier. jointly and severally liable.

It is forbidden for the lender to bind the payments to a negotiable instrument or to secure the loan by accepting negotiable instruments. If a valuable paper is to be taken from the consumer despite this prohibition, the consumer has the right to demand this valuable paper back from the creditor. In addition, the creditor is obliged to compensate the consumer for the loss due to the endorsement of the valuable paper.

Credit Cards

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

Periodic account statements sent to the consumer by the creditor are in the form of the payment plan stipulated in subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount in the periodic account statement is not paid on time; The consumer cannot be held liable under any name other than the default interest in clause (f) of Article 10.

The lender has to notify the consumer of the interest increase thirty days in advance. The interest rate increased by the lender cannot be applied retrospectively. If the consumer pays all the debt and ceases to use the loan within sixty days at the latest from the notification date, he will not be affected by the interest increase.

In cases where the goods or services are purchased with a credit card, the seller or the provider cannot ask the consumer to make an additional payment under a commission or similar name.

Periodicals

Article 11- In cases where it is committed to provide a second product and/or service other than periodicals, by means of tickets, coupons, participation numbers, games, lotteries and similar means, regardless of purpose and form; No commitment or distribution of any goods or services can be made, except for cultural products such as books, magazines, encyclopedias, banners, flags, posters, verbal or visual magnetic tapes or optical discs, which are not contrary to the purposes of periodical publishing. If a campaign is organized for this purpose, the duration of the campaign cannot exceed sixty days. The consumer cannot be asked to cover a part of the cost of the goods or services that are the subject of the campaign.

In the advertisements and announcements of the campaign, the periodical broadcaster is obliged to announce the schedule of the delivery and performance dates of the goods or services that are the subject of the campaign throughout Turkey and to fulfill the delivery and performance of the goods or services that are the subject of the campaign within thirty days from the end of the campaign.

During the campaign, the sale price of the periodical cannot be increased due to the cost increase caused by the promised good or service as a second product. Commitment and distribution of the good or service subject to the campaign cannot be made by division, nor can the integral or complementary parts of this good or service be made a separate campaign subject. In the implementation of this Law, transactions regarding each good or service promised to be given as a secondary product are considered as an independent campaign.

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

Subscription Agreements

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

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

If the request to terminate the subscription of the periodical; It enters into force fifteen days for daily publications, one month for weekly publications, and three months for monthly publications from the date on which the written notification reaches the seller. For longer publications, it is put into effect after the first publication after the notification.

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

Price tag

Article 12- It is obligatory to put labels containing the price, place of production and distinctive features, including all taxes, on the goods or their packages or containers, which are offered for retail sale, in an easily visible and legible manner, and 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 and posted in accordance with the first paragraph.

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

Price; It is forbidden to offer the goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions for sale at a price higher than the price determined.

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

Warranty Certificate

Article 13- Manufacturers or importers are obliged to issue a Ministry-approved guarantee certificate for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is completed and delivered to the consumer. The warranty period starts from the delivery date of the goods and is minimum two years. However, due to its characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.

Sales person; In the event that the goods covered by the warranty certificate fail within the warranty period, they are obliged to repair the goods without any charge under any other name such as labor cost, replacement part cost or any other name.

If the consumer has used his/her right to repair, he/she may use his/her other optional rights in article 4, in case the inability to benefit from the product is permanent due to frequent breakdowns during the warranty period or the maximum period required for repair is exceeded or it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, the dealer, the agency, the manufacturer-manufacturer and the importer are jointly responsible.

Defects caused by the consumer's use of the product in violation of the terms in the user manual are out of the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining which industrial goods have to be sold with a guarantee certificate and the maximum time required for the repair of the defects of these goods, by taking the opinion of the Turkish Standards Institute and making an announcement.

Introduction and User Guide

Article 14- It is obligatory to sell domestically produced or imported industrial goods with a Turkish guide on promotion, use, maintenance and simple repair and, if necessary, with labels containing international symbols and signs.

The Ministry is in charge of determining which of the industrial goods must be sold with a promotional and user manual and labels and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute and making an announcement.

After sales services

Article 15- Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, during the useful life of that product as determined and announced by the Ministry, by keeping sufficient technical personnel and spare parts stock. The amount of spare parts stock that manufacturers or importers should keep is determined by the Ministry.

In the event that the importer's commercial activities are terminated in any way, the new importer of that good has to offer maintenance and repair services during its lifetime.

The Ministry is responsible for determining and announcing for which goods it is obligatory to establish service stations, and the procedures and principles regarding the establishment and operation of service stations, taking the opinion of the Turkish Standards Institute.

In the event that an industrial product, which must be sold with a warranty certificate, fails after the warranty period, it is obligatory to repair the goods within the maximum repair period determined by the Ministry.

Commercial Advertisements and Advertisements

Article 16- It is essential that commercial advertisements and advertisements comply with the laws, principles determined by the Advertisement Board, general morality, public order and personal rights, be honest and correct.

Advertisements and advertisements that may deceive, mislead the consumer or exploit their lack of experience and knowledge, endanger the safety of life and property of the consumer, encourage acts of violence and commit crimes, disrupt public health, exploit patients, the elderly, children and the disabled, and covert advertisements cannot be made.

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

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

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

Advertising Board

Article 17- To determine the principles to be followed in commercial advertisements and announcements, to examine commercial advertisements and advertisements within the framework of these principles, and to suspend and/or suspend advertisements and advertisements contrary to the provisions of Article 16 as a precaution for up to three months and/or to correct them with the same method, according to the results of the examination. An Advertising Board is established in charge of imposing fines or fines. Ad Board decisions are implemented by the Ministry.

The Board of Advertisement determines the principles to be followed in commercial advertisements and announcements; In addition to country conditions, it also takes into account the universally accepted definitions and rules in the field of advertising.

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

a) A member to be appointed by the Ministry from among the relevant Deputy Director Generals,

b) One member to be appointed by the Ministry of Justice from among the judges working in administrative duties in this Ministry,

c) A member specialized in advertising to be appointed by the Turkish Radio-Television Corporation,

d) A member to be elected by the Council of Higher Education from among university lecturers who are experts in the field of advertising,

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

f) A lawyer member to be appointed by the Union of Turkish Bar Associations,

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

h) One member to be elected by all journalists associations in Turkey from among themselves,

i) A member to be elected by the advertisers associations or, if any, their higher organizations,

j) A member to be elected by the Consumer Council from among the representatives of the consumer organizations participating in the Council or to be assigned by its superior organizations,

k) A member to be appointed by the Union of Chambers of Agriculture of Türkiye,

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

m) A member from the Turkish Standards Institute,

n) One member from the Presidency of Religious Affairs,

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

p) One member from the confederations of trade unions,

r) One member from the civil servant unions confederations,

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

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

u) A member from the Turkish Pharmacists Association,

v) It consists of twenty-five members, including one member from the Turkish Dental Association.

The term of office of the members of the Board is three years. Those whose term has expired can be reassigned or elected. If the memberships become vacant for any reason, assignments or elections are made within one month in accordance with the principles of the third paragraph.

The Board meets at least once a month or whenever needed, upon the call of the President.

The Board convenes with the presence of at least fourteen members, including the Chairman, and decides with the majority of those attending the meeting.

When deemed necessary, the Board may establish special expertise commissions to work on a permanent and temporary basis. The public personnel that the Board deems appropriate to serve in these commissions shall be appointed by the relevant public institutions.

The attendance fee to be paid to the members of the Board and the members of the special specialization commission, who are public officials, and the attendance fee to be paid to the members of the board who are not public officials, are determined by the Ministry after obtaining the approval of the Ministry of Finance.

The secretariat services of the Board are carried out by the Ministry.

Board of Advertisement decisions are announced by the Board of Advertisement in order to inform and enlighten consumers and to protect their economic interests.

The duties, establishment, working procedures and principles of the Advertisement Board and how the secretariat services will be carried out are determined by a regulation to be issued by the Ministry.

Dangerous Goods and Services

Article 18- In case the goods and services offered to the use of the consumer may be harmful or dangerous to the person's physical and mental health and the environment, explanatory information and warnings regarding this situation shall be placed or written on them or in the attached user manuals in a way that is clearly visible and readable so that these goods can be used safely.

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

Article 19- Goods and services offered to the consumer; It must comply with the mandatory technical regulation, including the standards published in the Official Gazette by the relevant ministries.

Relevant ministries are responsible for making or having audits done in accordance with these principles. The procedures and principles regarding the inspection of goods and services are determined and announced separately by each relevant ministry.

Consumer Education

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

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

PART THREE

CONSUMER ORGANIZATIONS

Consumer Council

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

The Consumer Council is chaired by the Minister or a Ministry official to be appointed, by the ministries of Justice, Interior, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, and the Undersecretariat of the State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Turkish Presidency of Patent Institute, Presidency of State Institute of Statistics, Presidency of Turkish Standards Institute, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Agency, National Productivity Center, Presidency of Religious Affairs, metropolitan municipalities, provincial municipalities Union of Turkish Municipalities, confederations of labor unions, confederations of civil servants, Confederation of Turkish Employers' Unions, National Cooperatives Union of Turkey, Higher Education Council, Union of Turkish Bar Associations, Union of Chambers of Turkish Certified Public Accountants and Certified Public Accountants, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists Union, Turkish Medical Association, Turkish Dental Association, Turkish Veterinary Medical Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Association of Turkish Travel Agencies, Association of Turkish Hoteliers, Union of Chambers of Agriculture of Turkey, Central Union of Consumption Cooperatives, It consists of Ahi-Order Research and Culture Foundation and representatives of consumer organizations.

The number and qualifications of the representatives of the institutions and organizations that make up the Consumer Council, the minimum number of members that consumer organizations must have in order to participate in the Consumer Council and the number of representatives these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations can never exceed fifty percent of the total number of members of the Consumer Council. The Consumer Council meets at least once a year.

Working procedures and principles of the Consumer Council and other issues are regulated by a regulation to be issued by the Ministry.

Consumer Issues Arbitration Committee

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

The arbitral tribunal for consumer issues, chaired by the Provincial Director of Industry and Commerce or an officer to be appointed; It consists of five members, including the president, one member to be appointed by the mayor from among the expert municipal personnel, one member to be appointed from among the members of the bar association, one member to be appointed by the chamber of commerce and industry and chambers of tradesmen and craftsmen, and a member to be elected by consumer organizations. The member to be appointed by the chamber of commerce and industry or by the chamber of commerce and the chambers of tradesmen and craftsmen, in places where it is established separately, is assigned to the relevant chamber, depending on whether the person forming the seller's side of the dispute is a merchant or a tradesman and craftsman.

In provinces and districts where there is no provincial organization of the Ministry, the presidency of the arbitration committee for consumer problems is carried out by the highest civilian authority or an officer to be appointed. Where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the composition of the arbitration committee for consumer problems cannot be ensured, the missing memberships are filled ex officio by the municipal councils.

At least one rapporteur is appointed to prepare the files that will form the basis for the work and decisions of the arbitration committees for consumer problems and to present the report on the dispute.

In disputes with a value of less than five hundred million liras, it is obligatory to apply to arbitration committees for consumer problems. In these conflicts, decisions made by the delegation obliges the sides. These decisions are carried out in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the writs. The parties may appeal to the consumer court against these decisions within fifteen days. The appeal does not stop the execution of the decision of the arbitral tribunal of consumer problems. However, upon request, the judge may suspend the execution of the arbitral tribunal's decision on consumer problems by injunction. The decision of the consumer court upon the objection made against the decisions of the arbitral tribunal on consumer problems is final.

In disputes with a value of five hundred million Turkish lira or more, the decisions of arbitration committees for consumer problems can be brought forward as evidence in consumer courts. The monetary limits on whether decisions will be binding or evidentiary increase at the rate of the annual average price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October of each year. This situation is announced by the Ministry in the Official Gazette in December every year.

All disputes and consumer problems are within the scope of the duties and powers of the arbitration committees, except for the matters subject to penal sanction in Article 25.

The principles and procedures regarding the payment of the attendance fee or the attendance fee given to the President and members of the Arbitration Committees for Consumer Problems and the reporters are determined by the Ministry, with the approval of the Ministry of Finance, provided that the amount to be paid in a month does not exceed the amount to be found by multiplying the 2000 indicator figure with the civil servant monthly coefficient.

Establishment of arbitration committees for consumer problems, working procedures and principles and other issues are regulated in a regulation to be issued by the Ministry.

PART FOUR

PROVISIONS ON TRIAL AND PENALTY

Consumer Courts

Article 23- All kinds of disputes that may arise regarding the implementation of this Law will be dealt with in consumer courts. The jurisdiction of consumer courts is determined by the Supreme Council of Judges and Prosecutors.

Lawsuits to be filed by consumers, consumer organizations and the Ministry before consumer courts are exempt from all kinds of fees and charges. Expertise fees in lawsuits to be filed by consumer organizations are covered by the Ministry from the special allowance recorded in accordance with Article 29. In the event that the case is concluded against the defendant, the expert fee is collected from the defendant in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Claims, and a special income is recorded in the budget in accordance with the principles set out in Article 29. Cases to be heard in consumer courts are carried out in accordance with the provisions of Chapter Seven, Chapter Four of the Code of Civil Procedure.

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

The Ministry and consumer organizations may file lawsuits in consumer courts in order to eliminate the unlawful situation due to the violation of this Law in cases where there is no individual consumer problem and which concerns consumers in general.

When necessary, consumer courts may decide to stop the violation as a precaution. The injunction decisions deemed appropriate by the Consumer Court are immediately announced by the Press Advertisement Agency in one of the newspapers published at the country level, and also, if any, in a local newspaper published in the place where the lawsuit was filed, to be taken from the party whose expense is later found wrong and to be recorded as special revenue to the budget in accordance with the principles set forth in Article 29.

Consumer Court decisions aimed at eliminating the illegal situation are announced immediately with the same method, with the expense of being collected from the defendant.

Cessation of Production, Sales and Recall of Goods

Article 24- In the event that a serial product offered for sale is defective, the Ministry, consumers or consumer organizations may file a lawsuit to stop the production and sale of the defective batch product and to have it collected from those who hold it for sale.

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

In the event that a series of goods offered for sale carries a defect that jeopardizes the safety of the consumer, the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are reserved.

Consumers who purchase defective goods reserve the right to sue for material and moral damages suffered.

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

Goods That Look Different From What They Are

It is forbidden to produce, market, import and export goods that look different from what they are due to the fact that they are mixed with food products by consumers and jeopardize the health and safety of consumers.

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

Consumers who purchase goods that look different than they are, reserve the right to sue for material and moral damages suffered.

Penalties

Article 25-6. Pursuant to the seventh paragraph of the article, a fine of 50,000,000 Turkish Liras is imposed for each contract that is found to be in violation of the procedures and principles determined by the Ministry.

In the seventh paragraph of the 4th article, in the 5th paragraph of the 6th article, in the 6/A article, in the procedures and principles determined by the Ministry in accordance with the 6/B, 6/C articles, in the fifth paragraph of the 7th article, in the 9th article, in the 9/A article A fine of 100,000,000 TL is imposed on those who violate the obligations set forth in Article 10, Article 10/A, second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14, 15 and 27.

Those who violate the obligations set forth in the fourth and sixth paragraphs of article 7 and article 8 are fined 250,000,000 Turkish liras.

In accordance with the second paragraph of Article 20, a fine of 500.000.000 Turkish Liras is imposed for violation of the procedures and principles determined and announced by the Ministry. If the violation is committed by radio and television broadcasting at the country level, ten times the penalty is applied.

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

A fine of 2,000,000,000 Turkish Liras is imposed on those who violate the first paragraph of Article 19.

A fine of 5,000,000,000 Turkish lira is imposed on those who violate Article 11. If the violation has occurred with a periodical broadcasting at the country level, twenty times the penalty will be applied. The Ministry also requests the periodical broadcasting organization to stop the campaign and all kinds of advertisements and announcements related to the campaign. If the violation persists despite this request, a fine of 100,000,000,000 TL is imposed for each issue day from the date on which the obligation to stop the advertisement and announcement arises. The Ministry applies to the Consumer Court with a request to stop the campaign and all kinds of advertisements and announcements related to the campaign.

Those who violate Article 16 are subject to a precautionary stop and/or suspension and/or correction and/or a fine of 3,500,000,000 Turkish liras for up to three months. The Board of Advertisement may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 is realized through written, oral, visual and other means broadcasting at the country level, the fine is applied as ten times.

Those who violate the seventh and eighth paragraphs of article 7 will be fined in proportion to the invoice price of the goods or services that are the subject of the campaign. If the organizer of the campaign returns the money when the consumer leaves the campaign, this penalty is not applied.

Those who violate the second paragraph of Article 7 are given one week to organize campaigns in accordance with the provisions of Article 7. If it is determined that the violation continues at the end of this period, a fine of 50,000,000,000 TL is imposed on those who violate this provision and those who violate the obligations set forth in Articles 24 and 24/A.

The fines specified in the paragraphs above are doubled if the act is repeated within one year. Fines are increased at the beginning of each year in accordance with the provisions of additional article 2 of the Turkish Penal Code No. 765.

If fines are stipulated in other laws for the acts written in this Law, the heavier penalty is applied.

Authority, Objection and Timeout in Penalties

Article 26- Penalties in paragraphs one, four, seven, eight, nine and ten of article 25 are applied by the Ministry, and penalties in other paragraphs are imposed by the local authority.

All kinds of fines regulated in this Law are of an administrative nature. Against these penalties, an objection can be made to the competent administrative court within seven days at the latest from the date of notification. The appeal does not stop the execution of the sentence given by the administration.

Fines imposed in accordance with Article 25 are collected in accordance with the provisions of the Law on Collection of Public Receivables.

The statute of limitations for the imposition of administrative fines regulated in this Law is one year. The statute of limitations begins on the date when the act contrary to the provisions of this Law is committed.

In case of continuous or repeated violations, the period starts from the day the violation ended or was last repeated. It has been referred to a court decision against cuts to collect prescription.

Penalties are notified to the professional organization of the relevant person within seven days by the authority authorized to impose the penalty.

FIFTH

MISCELLANEOUS PROVISIONS

Audit

Article 27- In the implementation of this Law, Ministry inspectors and controllers and personnel to be assigned by the Ministry and municipalities; They are authorized to conduct inspections, examinations and research in places such as factories, stores, shops, trades, warehouses, warehouses, where all kinds of goods are placed and / or sold or services are provided.

It is obligatory to present all kinds of information and documents correctly and to give original and certified copies of all kinds of information and documents to authorized and authorized persons and organizations in matters falling within the scope of this Law.

lab

Article 28- Except for the analysis of drugs, preparations, cosmetics and foodstuffs, the Ministry may benefit from the laboratories established by official and private institutions for the implementation of this Law.

The tests and examinations of the samples taken during the inspections carried out by the Ministry can be carried out in official or private laboratory laboratories. Test and inspection fees are covered from the special allowance in article 29. In case the test and inspection results are contrary to the relevant standard or technical regulation, all related expenses are paid by the manufacturer or importer. These expenses are collected in accordance with the provisions of the Law No. 6183 on Collection of Public Receivables. Test and inspection fees collected are recorded as special revenue in the budget according to the principles set forth in Article 29.

Allowance

Article 29- Expenses related to the establishment and work of the Consumer Council, consumer problems arbitration committees and the Advertisement Board, financial aids to consumer associations and their superior organizations, expenses of the Ministry for the purpose of protecting the consumer, other expenditures and procedures and principles upon the approval of the Ministry of Finance. In the additional payment to be made to the personnel in the amounts to be determined by the Ministry;

a) Out of the appropriation to be included in the Ministry's budget,

b) It is covered by the payments to be made at the rate of one thousandth of the capital of all partnerships with the status of joint stock and limited company to be established and in case of capital increase, the increased part.

Revenues specified in subparagraph (b) are collected in an account to be opened with the Central Bank of the Republic of Turkey or its correspondent, TC Ziraat Bankası. Sixty percent of the amounts collected in this account are transferred to the account of the Central Accounting Office of the Ministry of Industry and Trade, and forty percent to the account of the Competition Authority at the end of each month.

The amounts transferred to the account of the Central Accounting Office are recorded as a special income to the budget on the one hand, and a special appropriation by the Ministry of Finance, on the other hand, for existing or newly opened units in the budget of the Ministry of Industry and Trade.

Some of the amounts recorded as special appropriation in the budget of the Ministry; It is used to support projects that involve the activities of consumer associations independent of commercial, political and administrative organizations that have been operating for at least five years, and their superior organizations. From this account, no payments can be made under the name of attendance fee and salary to those who work in the management and audit boards of consumer associations and their superior organizations. Consumer associations that will benefit from this account and other criteria to be met by their superior organizations are regulated by a regulation to be prepared jointly by the Ministry of Industry and Trade and the Ministry of Finance.

The Minister of Finance is authorized to record the amounts that are not spent during the year from the amounts recorded as special appropriations in this way, the special income and special appropriations transferred to the next year's budget.

Other Provisions

Article 30- In cases where there is no provision in this Law, general provisions are applied.

Regulations and Other Regulations

Article 31- The regulations envisaged in this Law shall be issued by the Ministry within one year following the publication of the Law, by taking the opinions of the relevant public institutions, professional higher organizations and consumer organizations. The Ministry is authorized to take the necessary measures and make regulations within the framework of the legislation regarding the implementation of this Law.

Removed Provisions

Article 32-3489 on the Obligation of Non-Negotiable Sales, the Law No. 632 on the Sale of Imported or Domestically Produced Vehicles, Engines, Machinery, Tools and Devices with Advertisement, and the Law No. 3003 on Control and Determination of the Cost and Sales Prices of Industrial Products are repealed. .

Temporary Article 1- Credit card debts, which were not paid due to the debtor's default before the publication of this Law, or which were subject to enforcement proceedings, are paid in twelve equal installments by applying an annual default interest not exceeding fifty percent to the principal on the date of default.

Any follow-up due to credit card debts ceases with the payment of the first installment according to the above-mentioned provision, and ends with all its consequences once the last installment is paid.

The provisions of this article are applied if the consumer makes a written application to the creditor within thirty days from the date of publication of the Law.

Force

Article 33- This Law; Article 29 and provisional article 1 shall enter into force on the date of publication, and other articles three months after the date of publication.

Executive

Article 34- The provisions of this Law are executed by the Council of Ministers.

REGULATION ON AMENDING THE REGULATION ON IMPLEMENTATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS

ARTICLE 1 – The following subparagraph (j) has been added to Article 4 of the Regulation on Implementation Procedures and Principles of Distance Contracts published in the Official Gazette dated 13/6/2003 and numbered 25137:

"j) Permanent data carrier: Any tool that enables the consumer to record the information personally sent to him in a way that allows the examination of this information for a reasonable period of time in accordance with the purpose of this information and that allows access to the recorded information exactly,"

ARTICLE 2 – The first sentence of the first paragraph of Article 5 of the same Regulation has been changed as follows and the following paragraph has been added to the article. "The consumer is informed in a clear, comprehensible and appropriate way by the means of communication used, by giving the information form containing all of the following information, before the conclusion of the distance contract." "In the case of using verbal communication tools, it is also obligatory for the seller or supplier to clearly inform the consumer at the beginning of each call of his identity and the commercial purpose of the conversation."

ARTICLE 3 – Article 6 of the same Regulation has been amended as follows.

"ARTICLE 6 – The information form specified in Article 5 of this Regulation must be given to the consumer prior to the conclusion of the contract. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. In the contracts made in the electronic environment, the confirmation process is also done in the electronic environment. The seller or the supplier is responsible for the goods. Before the goods subject to the contract reach the consumer, for services at the latest before the performance of the contract, the information form must be delivered to the consumer in writing, and in electronically made contracts, another continuous data carrier that can be used by the consumer or is permanently accessible.

ARTICLE 4 – The first paragraph of Article 7 of the same Regulation has been amended as follows: "It is obligatory to give the distance contract to the consumer with another continuous data carrier that can be used or permanently accessible by the consumer."

ARTICLE 5 – The fifth paragraph of Article 8 of the same Regulation has been amended as follows. "In the event that the seller or the supplier does not fulfill the obligations specified in Article 6 or 7, the seller or the supplier will correct the deficiency within thirty days at the latest. In this case, the seven-day period starts from the date when the information regarding the elimination of the said deficiency is delivered to the consumer in writing. Otherwise, The consumer is not bound by the seven-day period to exercise his right of withdrawal."

ARTICLE 6 – The third paragraph of Article 9 of the same Regulation has been amended as follows.

"The seller or the supplier is obliged to give the information in the 5th article and the contract in the 7th article to the consumer before the delivery or performance of the goods or services that are the subject of the distance contract to the consumer and to obtain approval for the confirmation of the preliminary information within the obligations specified in the 6th article. The burden of proof in the event of a dispute is the seller. or by the provider."

ARTICLE 7 – This Regulation enters into force on the date of its publication.

ARTICLE 8 – The provisions of this Regulation are executed by the Minister of Industry and Trade.

NEW APPLICATION ACCORDING TO THE GENERAL COMMUNIQUE OF TAX PROCEDURE LAW NO. 385 ON PRODUCT RETURN

If you are not a taxpayer; When returning the product you have purchased, you must fill in the information in the relevant return section of the invoice of our company, sign it, and send it back to us together with the product. Otherwise, your refund will not be completed.

General Return Conditions:

Returns must be made with the original box or packaging.

The return of products whose original box/packaging has been damaged (For example, products with a shipping label attached on the original box and taped with a cargo duct tape are not accepted.), products that have lost their resaleability and cannot be purchased by another customer are not accepted.

You must send a petition including the original invoice (all copies you have) and the reason for the return, along with the product you want to return.

If the product/products you want to return are defective, the shipping fee is covered by our company. In this case, you have to send with ARAS KARGO together with the notification form you filled out on our site. In other cases, the shipping fee is yours.

For products that may have incompatibility problems in product selection, you should definitely order by receiving technical support for compatibility. When the original packaging of this type of product is opened, it is not possible to return it. (For example; memory cards, computer hardware and software products)

Return Policy for Special Products:

Phone refund;

The protection tape on the product screen must not be removed. Scratches, damage, etc. on the screen and other parts of the phone. should not be.

All standard accessories must be sent undamaged and in their original packaging.

In the return of other products;

Products that cannot be returned due to their nature (Except in cases where the product is defective or defective, products that may pose a health hazard after opening. For example; during use

It is not possible to return products that require direct contact with the body, in-ear or over-the-ear headphones, etc.), disposable products, reproducible software and programs, and products that deteriorate rapidly or expire.

The following products can be returned, the product packaging is unopened and intact;

on the condition that the product has not been used.

All kinds of software and programs

DVD, VCD, CD and cassettes

Portable computers

Computer and stationery consumables (toner, cartridge, ribbon etc.)

All kinds of cosmetic products