What is the consumer law?
No. 4822 amended by Law No. 4077
CONSUMER PROTECTION LAW
Purpose, Scope, Definitions
Article 1 The purpose of this Act, the protective economic interests with the health and safety of consumers in accordance with the public interest, illuminating, educational, to compensate annoying, get protection for the provider measures from environmental hazards and consumers to encourage their initiatives to protect themselves and for encouraging voluntary organizations in the creation of policies in this regard to arrange matters.
Article 2 of this Act, all kinds of goods and services markets with the purpose stated in the first article which constitutes one of the consumer's hand covers consumer transactions.
Article 3 - the implementation of this Act;
a) Ministry of Industry and Trade Ministry,
b) Minister: Minister of Industry and Commerce,
c) Goods: Shopping subject to movable goods, real estate, residential and leisure goods and electronic media prepared to use software, audio, video and other intangible assets,
d) Services: any activities other than providing goods in exchange for a fee or interest,
e) Consumer: a good or service that is acquired with non-commercial or professional purposes, uses or benefits from the natural or legal person,
f) The Seller: a natural or legal person offering goods to the consumer under commercial or professional activities, including public entities,
g) Provider: natural or legal person offering services to the consumer, commercial or professional activities, including public entities,
h) Consumer action: all kinds of goods or services made between the consumer and the seller-market provider of legal operations,
i) Manufacturer-producer: who offered to consumers, including public entities of goods or services, or the goods or services of raw materials or intermediate goods producers and producer on his own distinctive mark, the trade mark or the title those offered for sale, putting
j) Importer: who offered to consumers, including public entities of goods or services, or any natural or legal person providing the goods or services of raw materials or intermediate goods sold abroad, bringing,
k) Lenders: banks authorized to provide cash loans to consumers required by the legislation, private financial institutions and financial companies,
l) Advertiser: it produces or markets where the goods / services to make the introduction, increase sales or image it creates is prepared to strengthen, within the company's or the producer / located in the service brand advertising published, distributing or natural or legal person exhibits in other ways,
m) Advertiser: commercial advertisements and announcements of advertisers that need to be preparing to publish in accordance with and on behalf of our advertisers through commercial communications specialist natural or legal person,
n) Channels organization: Commercial advertising or proclamation of communication channels that bring the audience or with any tool, operators or renters of real or legal person,
o) technical regulations of a product and service, including the relevant administrative provisions, properties, processing and production methods related terminology, symbols, packaging, marking, labeling and conformity assessment procedures by the relevant Ministry, indicating one or more of the issues in the Official Gazette published and implemented the mandatory standards that must be complied with, including any kind of regulation,
p) Consumer organizations: associations established to protect the consumer, foundations or their parent organizations shall refer.
Consumer Protection and Elucidation
Article 4 in the packaging, the label, the introduction and user guide or advertisements and announcements in located or reported by the vendor or the standard or which are contrary to the technical regulations in quantity affecting the detected qualities or characteristics or allocated or the value or the consumer in terms of the purpose to reduce the benefits expected from it or eliminating financial, legal or economic deficiencies goods, it is regarded as defective goods.
Consumers from the date of delivery of the goods the seller is obliged to notify the defects within thirty days. Consumers in this case, return the contract, including the refund has fold by replacing non-defective goods or shame rate of cost reductions or right to request a free repair. The seller is obliged to fulfill the consumer's preferred this claim. One of the elective rights of consumers caused by defective goods with death and / or lead to injury and / or the right to demand compensation from the manufacturers and producers in cases causing damage to other property also has the use.
Manufacturer-manufacturers, dealers, distributors, agents, importers and lenders according to the fifth paragraph of Article 10 of defective goods and consumers are jointly responsible in this matter because of elective rights. Because of the damage caused by defective goods they are responsible for more than one person if it is jointly and severally responsible for them. Knowing the defective goods sold does not eliminate the responsibility.
Are held responsible to the shame of this article, they have to take responsibility for a longer period of time against a shame, defective goods responsibility, then shame from the date of delivery to the consumer of the goods even though emerged is subject to a two-year statute of limitations. It takes five years for residential and leisure real property. And any claim for damages to be caused by defective goods are subject to the three-year statute of limitations. These demands are placed on the market since its causing property damage will disappear after ten years. However, the shame of goods sold, the limitation period could not be exploited by the seller's gross negligence or fraud, it is hidden from the consumer.
Except defective provisions relating to liability for damages caused by the product, the above provisions do not apply to goods purchased by knowing that it is defective.
Will be sold defective goods or on the packaging so that consumers can easily read the manufacturer or the supplier "is disabled" shall be put a label containing the phrase. Only defective goods sold or as a floor or a portion of the sales department permanently defective goods, consumers may know there is no such place has been allocated must be on the label. Respect of the goods to be defective, the consumer given to the bill, is shown on the receipt or bill of sale.
Unsafe goods, the market can not supply even the label is disabled. These products, in 4703 the Law on Preparation and Implementation of Technical Legislation on Products shall apply.
These provisions also apply in all consumer transactions relating to goods.
Article 4 / A- advertising reported by the provider and the proclamation of the standard or which are contrary to the technical rules on the quantity affecting the quality or nature of the procedure or the value for the purposes benefit or consumer to reduce the benefits expected from him or material that eliminates, services, legal or economic deficiencies, defective It is regarded as a service.
Consumers from the date of execution of the service provider is obliged to notify this defect within thirty days. Consumers in this case, return the contract has to be seen again service or shame at the rate of cost reductions. The agreement to end consumers, not justified as required by the state, it will be satisfied with the discount from the price. Consumers, in conjunction with Article 4 of one of the optional rights may request compensation under the conditions. Provider is obliged to fulfill this demand as consumers choose.
Provider, dealers, agents and Article 10 of the lenders according to the fifth paragraph, all kinds caused by the defective service and defective service from harm and consumers in this article are jointly responsible for the elective rights. The service offered is not known that it is defective does not eliminate the responsibility.
More is not guaranteed for a long time, then shame demand from service due to defective performance of the service will be revealed even if it is subject to a two-year statute of limitations. And any claim for damages to be caused by defective services is subject to the three-year statute of limitations. However, the shame of the service, could not be exploited timeout is hidden from the consumer to the provider's gross negligence or fraud.
For damages caused by defective services except provisions relating to liability, the above provisions do not apply to services acquired by knowing that it is defective.
These provisions also apply in all consumer transactions relating to service.
On Article 5 "is a sample" or "not for sale" are not phrases of a property; In the showcase of a commercial establishment, dealer or if the display is clearly visible from anywhere in the rack can not avoid the sale of these goods.
In providing services without a justifiable reason inevitable.
Unlike a practice, custom or commercial units, a vendor of goods or services on the sale of those goods or services the amount determined by him, on conditions such as the number or size or any other goods or services can not be made dependent on the purchase.
This provision also applies to other goods sale and service provision contract.
Unfair terms in contracts
Article 6 Seller or without negotiations with the consumers of the provider, unilaterally imposed contract, good faith in a way that goes against the rules against the consumer contract conditions that lead to imbalance in the rights and obligations arising from the agreement of the parties is unfair terms.
Located in any one of the parties is a consumer contract is not binding on the consumer unfair conditions.
If a contract must be prepared in advance and is not particularly affect the consumer content due to take place in the standard contract, it is assumed that the contract must be negotiated with the consumer.
Evaluating the whole of the contract, if concluded that standard agreement, to be negotiated or individual elements of a specific provision of this agreement is a requirement, the rest of the contract does not prevent the implementation of this article.
A vendor or provider, argues that if a standard requirement discussed individually, so the burden of proof belongs to him.
6/6 / B, 6 A / C, 7, 9, 9/10, 10 / A and 11 / A of the proposed regulation as written consumer contracts for at least twelve points and regulated by bold black letters and the conditions to be included in the contract lack of agreement will not affect the validity of one or more of absence. This deficiency is remedied immediately by the vendor or provider.
Located in the detection of the Ministry of standard contract terms and unfair determine the procedures and principles for the provision of their contracts be removed from the text.
Article 6 / A- sales installments, is paid in two installments of a minimum sale price, and at the time of delivery of the contract goods or services, or the type of trading is carried out.
Hire-purchase agreement in writing is mandatory. Minimum requirements to be included in the contract are as follows:
a) Consumer and name of the seller or provider, title, street address, and if access to information,
b) the goods or services, including tax advance sales price in Turkish Lira,
c) According to maturity with interest payable total sales price of the Turkish Lira,
d) Interest amount, calculated as an annual interest rate and default interest rate not to exceed more than thirty per cent of the interest rate in the contract,
e) the amount of down payment,
f) Payment plan
g) the legal consequences of default of the borrower.
The vendor or provider, to ensure that this information be included in the contract and a copy of the agreements entered into between the parties are obliged to provide to the consumer. If the shares held in the valuable document separately from the contract, this year, to be separately held for each installment payment and only registered shares. Otherwise, bills of exchange is invalid.
Sales in installments; consumer, the total amount owed is entitled to advance. Consumers also can be found in one or more installments, but not less than one installment payment amount. In both cases, the vendor, according to the amount paid is obliged to make the required interest rate cuts.
The vendor or provider, all of the remaining debt in case of non-payment of installments if one or more of the performance reserve the right to demand that this right; but if one is available if there has exercised all the acts of the seller or provider and the consumer at least two successive installments in default in payment of at least ten of fall unpaid installments and the sum of the sales price. However, at least one week, giving the seller or provider in order to use this right must muacceliyet warning.
Contract terms can not be changed in any way against the consumer.
Article 6 / B- Circuit holiday contracts, at least for three years and in the year during this period, which can be identified or designated and contains less than a week there will be a period for one or more of the property right to use the transfer or the transfer of commitment and a Giving the copy to the consumer required is a written contract or group of contracts.
The principles and procedures relating to timeshare contracts determined by the Minister.
Article 6 / C package tour contracts; transportation, accommodation, and with at least two of them to help not considered other tourist services, everything sold at rates which include or made sales commitment and service twenty-four hours, covering a long time or night includes accommodation and must be given to the consumer of a copy, have written contracts arranged in advance.
Principles and procedures relating to the package tour contract is determined by the Minister.
Article 7 Outlets selling newspapers, radio, television and other means to proclaim the adoption of the consumer associates declared and organized the campaign and then delivered the goods or services or the execution is carried out by means of sale.
Discounted sales are made with the permission of the Ministry. What type of sales will be subject to the approval of the Ministry, prepayment, payment amount, delivery time, warranty of the manufacturer, the procedures to be followed by the sale of collateral will be invested in the campaign and identifies principles.
Classifieds status of the promised goods or services delivered or to be made, such as all or part of their performance, dealers, suppliers, distributors, agents, manufacturers and producers, is responsible for importing and severally lenders according to the fifth paragraph of Article 10.
Once you have decided to leave the consumer campaign organizers of the campaign, the consumer not to exceed the date of delivery of the goods or services to the consumer is obliged to pay all the money they have paid so far.
Organizers of the campaign, a written agreement will be held in the sales campaign, 6 / the substance in addition to the information specified in the second paragraph of the "campaign end date" and "goods or services delivered or fulfillment date and shape" of the contract and what information is also on must give the consumer a copy.
Unless otherwise agreed in the contract, the prepayment amount, not more than forty percent of the purchase price of goods or services.
The delivery of the goods or services in the sales campaign performance period shall not exceed twelve months. This time for residential and leisure real property is thirty months.
If it meets all the actions for consumer payments, delivery of goods or the performance of services it must be made within one month following the expiry of the payment.
Discounted sales in installments 6 / A also apply the provisions of article.
Article 8 door sales; business, trade, sales are made outside sales venues such as fairs.
Ministry of doorstep selling to do for those to be sought after qualifications, determine which are subject to this Act and no door sales and application procedures and principles relating to doorstep selling.
In this type of sale; consumer from the date of receipt of goods within seven days to accept or reject without any justification and is free from any liability. The service at this time of the sale, starts from the date of signing the contract. This time runs from the vendor or provider, that place or to pay the debt under any name from consumer issues in exchange for goods or services to the doorstep selling process can not ask you to give any documents. Seller, breach notification as soon as it reaches him is obliged to take back the property within twenty days.
Consumers are not responsible for the changes and deterioration occurring due to the use of ordinary goods.
Door sales made in installments 6 / agent, campaign door sales in the provisions of Article 7 also apply.
Door obligations of the seller and provider of sales
In Article 9 Door sales contract, in addition to other items to be included in the contract goods or descriptive information regarding the service of quality and quantity, the address will be apparent breach notification and at least sixteen points and written in bold black letters is to take place the following phrases:
Consumer any civil and criminal liability assuming and no justification submission received or contract has the right to withdraw from the contract by refusing goods or services within seven days from the date of signing of that and breach notification of the vendor / provider since to reach the property we are committed to getting back.
The consumer signs the contract in writing which also owned the rights and the history of the author's own handwriting. The vendor or provider, to ensure that this information be included in the contract and a copy of the agreements entered into between the parties are obliged to provide to the consumer.
This article is organized according to the provisions of a contract and prove that the goods are delivered to consumers belong to the seller or provider. Otherwise, the seven-day period is not affiliated with the consumer to use his right of withdrawal.
Article 9 / A- distant contracts; written, visual, telephone and using electronic media or other media and made gelinmeksiz face to face with the consumers of the goods or services to consumers immediate or subsequent delivery or performance of the contract agreed.
Before the conclusion of distance selling contracts, details must be given to the consumer of information to be determined by the notification issued by the Ministry. Consumer, it can not be concluded unless the contract is confirmed in writing that information. Confirmation process in the agreements in electronic form, done in electronic media.
Vendors and providers, from the moment the consumer's order reached him perform the act within thirty days. This period may be extended on condition that more consumers in more than ten days prior notice in writing.
The vendor or provider of electronic intangible goods delivered or services rendered to the consumer is obliged to prove he made the delivery of non-defective.
Provisions concerning the right of withdrawal during the contract subject to the goods or the provision of services to consumers to pay under any name or give any certificate debts into the sale of the door outside the provision that prompted also apply to distance contracts.
Seller or provider withdrawal notification from the date of receipt of compensation to be received within ten days, negotiable instruments, and consumers to return any document debts into because of this legal process and are obliged to take back the property within twenty days.
Article 10 Consumer loans, consumer credit is received in cash from the lenders in order to obtain a good or service. Consumer credit contracts to be in writing and must be given to the consumer with a copy of this agreement. The parties stipulated in the agreements entered into between credit conditions changed during the contract period against consumers.
In the contract;
a) The amount of consumer credit,
b) total debt amount together with interest and other elements,
c) the annual rate at which interest is calculated,
d) The payment date, principal, interest, funds and separately noted that the payment plan and other charges,
e) requested to guarantees,
f) the default interest rate is not to exceed more than thirty per cent of the contractual interest rate,
g) The Borrower's legal consequences of being in default,
h) conditions for closure before the maturity of the loan,
i) In the case of loans denominated in foreign currencies, back in the calculation of installments for payment of the total loan amount, which will be taken into account conditions on the date of exchange,
It is located.
Lenders, all of the remaining debt in case one or more of the installments to be paid if the performance reserve the right to demand this right; but if there had exercised all actions of the lender and the consumer at least two successive installments available should the default in payment. But lenders by giving at least one week in order to exercise this right must muacceliyet warning. In cases where the consumer loans as collateral personal guarantees, lenders, without resorting to the principal debtor, the guarantor can not ask for the execution of the debt.
Consumer credit in the total amount owed to be found at the same time one or multiple installment payments not due can be paid in advance. In both cases, the lender, the amount paid by interest and commission is required to make the necessary cuts. Procedures will be made to what extent the required interest and commission rebate amount paid by the Ministry and set principles.
The lenders, consumer credit, the particular brand of goods or purchase of services or against the seller or provider of consumer lenders if a particular vendor or goods sold event that the sales contract must be made with the provider or the service delivered at all or on time or for non-performance It will be jointly and severally liable together.
Connecting a precious travel documents or pay the lender is prohibited from making loans secured by commercial papers to accept. If despite this prohibition will be a valuable documents from the consumer, the consumer has the right to reclaim the valuable documents from that loan. In addition, the turnover of negotiable instruments lender is obliged to compensate the damages he suffered due to consumer.
Article 10 / A- credit card to purchase goods or services as a result of cash loans turned into cash or used by shooting with credit card loans are subject to the provisions of Article 10. However, these loans on the second paragraph of Article 10 (a), (b), (h) and (i) the fourth paragraph shall not apply to me.
Periodic statements sent to consumers by lenders, the second paragraph of Article 10 (d) is the provision of payment plans referred to in subparagraph. If the minimum payment amount payable at maturity of the periodic statement is located; consumer, Article 10 (f) not be circumvented obligations under any name other than the default interest in item.
Lenders must notify thirty days in advance of interest rate increases consumers. The interest rate is increased by the lender applicable retrospectively. The entire debt within a maximum of sixty days from the date of notification consumers affected by the rate increase if you stop using paid the loan.
In case of purchase of goods or services with a credit card, the seller or provider can not ask the consumer to make an additional payment under a commission or similar names.
Article 11 periodicals issued by organizations and all regardless of the purpose and manner, tickets, coupons, participate in number, games, a second product out of the term with lottery and other means broadcasting and / or services in cases where it is guaranteed to give any; books, magazines, encyclopedias, banners, flags, posters, oral or visual, such as tape or optical disk-term commitment of any goods or services other than intangible cultural products contrary to the purpose of publishing and distribution prohibited. If the campaign organized for this purpose, the campaign period shall not exceed sixty days. Shall be required to be paid by the consumer of the goods or services cost a fraction of the campaign.
Serious broadcaster, advertising and the proclamation of the campaign, the campaign subject goods or deliver services throughout Turkey and to announce the program on the performance history and campaign, goods or services delivery and performance of, must meet within thirty days from the end of the campaign.
During the campaign, the selling price of periodicals, because the second crop should be given the promised goods or services caused the cost increase can not be increased. Campaigns such commitments can not be made subject to the goods or services and distribution division, this integral or integral part of the goods or services can not be made the subject of a separate campaign. In the application of this law, the transactions relating to goods or services which are committed to giving each second product is considered to be an independent campaign.
Not regulated by periodicals organizations, but periodicals directly or indirectly connected with the campaign is also subject to these provisions.
Article 11 / A- consumers with any kind of party to the subscription agreement for the subscription by sending a written request to the seller may terminate unilaterally.
Seller consumer's subscription-ending request is obliged to meet within seven days from the date of receipt of the written notification.
The request to end the subscription to periodicals; written notice to the dealer reaches fifteen days from the date of publication in the daily, weekly publications in one month, three months after the entry into force of the monthly publication. More publications are long-term, it puts into effect following the publication of the first notice.
Seller, the rest of the subscribers are obliged to refund fees within fifteen days without any interruption.
Article 12 of the Retail supply of goods or packaging or can be easily seen on the containers, readable manner that the price including all taxes related to the goods, including labels, production location and distinguishing features, putting the label is obligatory to hang the appropriate places to visit including lists the same information is not possible in case .
Services and price lists showing the rate will actually be organized according to the first paragraph.
Label, and if the price difference between the price specified by the tariff list of safe price sales made over the price of the consumer's favor.
Price; The Council of Ministers, public institutions or public institutions established by professional organizations in the nature of the goods or services are prohibited to be sold at a price determined on the price.
The Ministry labels and the shape of the tariff list, content, procedures and principles is a regulation. Ministries and municipalities, the implementation of these provisions and to carry out the work on monitoring are separate officers.
Article 13 Manufacturers or importers for imported industrial goods they produced or approved by the Ministry is obliged to arrange warranty. Giving the date and the number of invoices relating trowel be tekemmül including consumer warranty liability of the seller is owned by dealers or agents. The warranty period starts from the date of delivery and a minimum of two years. However, the warranty due to feature some of the goods, the Ministry determined by another measure.
Seller; the goods covered by the warranty certificate, commodity labor costs in the event of failure of the warranty period, at no cost or value of the parts replaced under any other name is obligated to repair without.
If used the right consumer repair, the frequent failure of utilizing the product because it is not considered failing continuity or exceeding the maximum time required for the repair or to understand that there is no possibility of repairing circumstances during the warranty period, contained in Article 4 may use other elective rights. Seller will not refuse this request. Failure to fulfill this demand of consumer seller, dealers, agents, and producers and manufacturers are jointly responsible importer.
Malfunction caused by the use of the goods contrary to the issues raised in the consumer guide is outside the scope of the provisions of paragraphs two and three.
The Ministry, which is in industrial goods have to be sold with a warranty card and the maximum duration of these goods needed for the repair of faults detected by the opinion of the Turkish Standards Institute and ilânla.
Introduction and user guide
Article promotion of industrial goods produced or imported in 14 dormitories, use, maintenance and simple repairs and mandatory guidance concerning the Turkish label containing the necessary international symbols and signs.
The Ministry of industrial goods is to promote and which ones have to be sold with no user manual and labels and minimum elements to be included in their determined by taking the opinion of the Turkish Standards Institute and ilânla.
After Sales Services
Article 15 Manufacturers or importers, they sell, produce or import their industrial goods to it during the lifetime of the property of the Ministry determined and proclaimed, sufficient technical personnel and spare parts required to provide maintenance and repair services by taking in.
The amount of spare parts required to keep stock of the manufacturer or importer is determined by the Ministry.
If the importer's the end of the commercial activities in any way, during the lifetime maintenance and repair services, he must provide the new importer of goods.
Ministry of goods for which service stations on the procedure of establishment and functioning of the service station and that it is necessary to establish the principles determined by taking the opinion of the Turkish Standards Institute and ilânla.
An industrial property in the event of failure after the warranty period, which must be sold with a warranty, it is necessary to repair within a maximum repair time determined by the Ministry of goods.
Commercial advertising and announcements
Article 16 of the law, commercial advertisements and announcements, Ad Board to set policy, public morality, public order, according to personality rights, it is essential to be honest and truthful.
Consumer deceptive, misleading or her experience and knowledge deficits abusive consumer's life and property of reducing the danger of security, violence and crime is encouraging, disturbance of public health, patients, the elderly, children and people with disabilities abusive advertisements and announcements and covert advertising possible.
Meet the same needs or can be comparative advertising of goods and services competing for the same purpose.
Advertisers, commercial advertising or proclamation is obliged to prove the allegations contained in the concrete.
Advertisers, advertisers and media agencies are obliged to comply with the provisions of this article.
Article 17-business advertising and announcements in determining the principles that should be followed, according to these principles is the commercial advertisement and examine the declaration and examination of advertising contrary to Article 16 of the terms and declared cease measures up to three months and / or stopping and / or in the same manner adjustments and / or in respect of fines not created an Ad Council officials. Advertising Board decisions are implemented by the Ministry.
Advertising Board, commercial advertisements and announcements in determining the principles that should be observed; conditions as well as the country considers a universally accepted definition in advertising and rules.
Presidency, conducted by the Ad Council appointed General Manager related to the Minister;
a) The Ministry concerned will be appointed Executive Vice President from among the members,
b) The Ministry of Justice, the Ministry of members to be appointed from among the judges working in the administrative office,
c) Turkey Radio and Television Authority appointed a member to advertising experts,
d) a member of the Board of Higher Education in the advertising experts will select from university lecturers,
e) The Central Council of the Turkish Medical Association appoints one member to the doctor,
f) a lawyer appointed by the members of the Union of Bar Associations of Turkey,
g), Turkey Union of Chambers and Commodity Exchanges will appoint four members from various sectors,
h) All the members of the association of journalists in Turkey to be elected from among themselves,
i) the association of advertisers, or if a member to be elected by their parent organizations,
j) of the Consumer Council Council be elected from among the representatives of consumer organizations participating or parent organizations will appoint one member,
k) Turkey will appoint a member of the Union of Chambers of Agriculture,
l) Turkey will appoint one member of the Confederation of Tradesmen and Artisans,
m) a member of the Turkish Standards Institute,
n), a member of the Presidency of Religious Affairs,
o) a member of the Union of Chambers of Turkish Engineers and Architects,
p), a member of the confederation of trade unions,
r) members of a trade union confederation Officer,
h) Certified Public Accountant and Turkey Union of Chambers of Certified Public Accountants be appointed a member,
t) in Ankara, Istanbul and Izmir Metropolitan Municipality, a member of their own to choose from,
u) a member of the Turkish Pharmacists' Association,
v) a member of the Turkish Dental Association,
and it consists of twenty-five members.
Board members serve for three years. Expired who re-appointed or elected. Membership is vacated for any reason if the vacant places in one month assignments within the principles of the third paragraph or selection is done.
The Board convenes at the invitation of the President always heard at least once a month or needs.
The Committee will meet with the presence of at least fourteen members, including the President and decides by a majority of the participants.
The Board may set up specialized committees to serve as permanent and temporary if deemed necessary. Council will see fit to make public employees work in the commission, appointed by the relevant public institutions.
Board members and members of ad hoc committees with the attendance of public servants will be given to public officials who are not board members Attendance fees paid fee is determined by the Ministry with the approval of Ministry of Finance.
The secretariat is carried out by the Ministry of services.
Advertising Board decisions, to inform the consumer, in order to protect the economic interests of disclosure and describes Ad Council Presidency.
Advertisement Board's mission, organization, what their working procedures and principles issued by the Ministry with secretarial services will thus be determined by a regulation instead.
Dangerous goods and services
In case of Article 18 Consumer use of the offered goods and services of people physical and mental health and to be harmful or dangerous to the environment, these goods to or on the accompanying user guide can be used safely, descriptive information and warnings about this situation is clearly to be seen and is placed to be read or written.
The Ministry of explanatory information and warnings which goods or services are required to carry and the shape of the excitation and detection with location information and relevant ministries and other institutions and ilânla.
Article 19 Consumer goods and services offered; It is followed, including mandatory standards implemented by the relevant ministries Official Gazette must comply with the mandatory technical regulations.
Relevant ministries, is responsible for carrying or having control according to these principles. The principles and procedures governing the control of goods and services each relevant ministry separately identified and announced.
Article 20 Consumer formal training in formal education institutions and their curricula, Ministry of Education made the necessary additions.
The procedures and principles for the regulation of radio and television programs to educate and raise the awareness of consumers, the Consumer Council and determined by the Ministry with a proposal announced.
Article 21 Consumer issues, investigate the necessary measures for the protection of needs and interests, the measures to be taken to resolve in accordance with the universal consumer rights issues, which have views on the measures to law applies, to communicate, to be addressed by the relevant authorities, one under the coordination of the Ministry "Consumer Council" is established .
Consumer Council, under the leadership of a ministry in charge minister or appointed, Justice, Interior, Finance, Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment ministries and the State Planning Organization, Treasury, Foreign Trade Undersecretariat, Turkey Institute of Patent Department, State Institute of Statistics, Institute of Turkish Standards Department, the Competition Authority, the Radio and Television Supreme Council, Energy Market Regulatory Authority, the Telecommunications Authority, the Turkish Accreditation Agency, National Productivity Centre, Ministry of Religious Affairs, a large city municipalities, representing the provincial municipalities Turkish Union of Municipalities, labor unions, associations, civil servants trade union confederations, Turkey Confederation of Employer Associations of Turkey's National Cooperatives Association, the Higher Education Council, Turkey Bar Association, Turkey Public Accountant and Certified Public Accountants Union of Chambers of Turkish Engineers and Architects Association, Turkish Pharmacists' Union, Turkish Medical Association, the Turkish Dental Association, Turkish Veterinary Medical Association, the Turkey Tradesmen and Artisans Confederation of Turkey Chambers and Stock Exchanges Union, Turkey Banks Union, Turkey Travel Agencies Union, Turkey Hoteliers Association, Turkey Agricultural Chambers Union, Consumer Cooperatives Central Union, Ahi Research and Cultural Foundation and is composed of representatives of consumer organizations.
The number and the minimum number of members required for consumer organizations to have the qualifications to participate in the Consumer Council and the number of representatives to be sent to the Consumer Council of representatives of organizations and institutions of these organizations make up the Consumer Council is determined by the Ministry. However, the number of representatives from public institutions, in no way can not be more than fifty percent of the total number of members of the Consumer Council. Consumer Council meets at least once a year.
Other issues with the working procedures and principles of the Consumer Council in a regulation issued by the Ministry.
Consumer problems arbitration committee
Article 22 The Ministry, provincial and district centers, at least one consumer issues in order to find solutions to disputes arising from the application of this law is obliged to form an arbitration committee.
Consumers conducted by an officer of the Ministry of Industry and Trade Provincial Director or problems arbitration committee to be appointed; mayor of a member of the experts will deploy from municipal staff, a member to be appointed from among the members of the Bar, trade and commissioned by the chamber of industry and craftsmen and artisans room, including a member and chairman to be a member elect of consumer organizations consist of five members. Trade and industry chamber or separately installed in areas where the chamber of commerce and artisans and craftsmen chambers appointed by the member, the person who created the vendor side of the dispute merchants or tradesmen and appointed room by the relevant depending on whether artisans.
Consumer issues in cities and towns where no president of the provincial organization of the Ministry of arbitration is conducted by an officer or the administrative authority to be appointed. Consumer organizations are not in place, consumers, consumption is represented by cooperatives. Consumer issues can not be achieved in areas deficient membership of the formation of the arbitral tribunal, the city council are filled by ex officio.
Consumer issues will be essential to the work and decisions of the arbitration committee to prepare files and to provide a report on the dispute shall be assigned at least one reporter.
Value of the dispute under five hundred million pounds consumer issues must refer to the arbitration. This decision binds the parties in dispute will give the delegation. These decisions are made according to the provisions concerning the fulfillment of the suspension of the Bankruptcy Act. Parties may appeal to the consumer court against this decision within fifteen days. The appeal does not stop the enforcement of consumer problems arbitration committee decisions. However, the judge if requested, consumer problems through measures to stop the enforcement of the arbitration decision. Consumer issues are final decision on the appeal to the consumer court against the decision of the arbitral tribunal.
Value of five hundred million pounds and decisions of arbitration in disputes over consumer issues are put forward as evidence in the consumer court. Decisions would be binding or monetary limits on the evidence at the end of October of each year, the State Statistics Institute Merchandise Wholesale Prices challenge is increased by the increase in the annual average price Index. In this case, it is announced in the Official Gazette of December every year by the Ministry.
All disputes except for matters connected to criminal sanctions in Article 25, consumer issues are covered by the duties and powers of the arbitral tribunal.
Consumer Problems Arbitration Committee Chairman and the basis for the payment of remuneration and attendance fees given to reporters by members and the procedures determined by the Ministry with the approval of the Ministry of Finance not to exceed the amount of the officer to be determined by multiplying the monthly coefficient of the amount payable 2000 index figures a month.
Establishment of consumer problems arbitration committee, working with the principles and procedures are regulated in a regulation issued by the Ministry other matters.
Trial and Criminal Provisions
Article 23 to any dispute arising in connection with the implementation of this law is viewed in the consumer court. Consumer jurisdiction of the court is determined by the High Council of Judges and Prosecutors.
Consumer courts, consumers, consumer organizations and the case will be opened by the Ministry are exempt from any duties and fees. Consumer organizations in the lawsuit by expert fees shall be borne by the Ministry based on Article 29 of the special allowance recorded. The case against the defendant if it results, expert fees of 6183 according to the Public Receivables Collection Procedure Law served by being charged to the defendant on the basis of Article 29 held in private income is recorded in the budget. Consumers will be seen in the court proceedings of the Code of Civil Procedure seventh Babu, it is governed by the provisions of the Fourth Chapter.
Consumer court proceedings may be opened in the consumer's domicile.
Ministries and consumer organizations may sue in court to individual consumers without consumer issues and overall consumer interests in cases against the law to eliminate the state for violations of this law.
Where necessary, the court may decide to suspend the measures consumer's violation. Consumer Court deemed appropriate injunctions, costs later from the injured party and the 29 th according to the principles held in the material to be recorded as special revenue in the budget, press in one of the newspapers published at the country level Listing Authority and also be announced immediately at a local published in the place at which the case if the newspaper.
Consumer Court rulings against the law for the abolition of the state is to be immediately declared in the same way if the costs of the defendant.
Stopping the seizure and sale of goods production
Article 24 In case of defective goods offered for sale a series of Ministry of consumers or consumer organizations, to stop the production and sale of defective goods, and series may sue for confiscation order in the hands of those who have sales.
If it is determined by a court decision that a series of defective goods offered for sale, the sale will be stopped temporarily. The date of notification of the court decision at the latest within three months of the producer-goods manufacturers for the elimination of defects and / or importing company warned. If not impossible disappearance of shame goods producer, manufacturer-producer and / or collected by the importer or confiscated. According to the risks of the confiscated goods is partially or totally destroyed or moved.
A series of goods sold, in case of defects that endanger the safety of consumer transportation, 4703 Preparation of Technical Regulations of the Products and of the implementation of the provisions of Law are reserved.
Defective goods, the right to sue because of material and spiritual damages suffered by consumers who purchase reserved.
In case the provisions of Article 4 of the sixth paragraph shall be subject to a series of defective goods to be supplied to the provisions of this Article shall not apply to sales.
They look different goods
Although they Article 24 / A is the food products they have shape, smell, appearance, packaging, labels, volume or appears different as they are because of the size and therefore also the health of stirring consumer of food products by consumers and the safety of the production of goods that endanger, marketing, import and export is prohibited.
If the goods placed on the market, in 4703 the Law on Preparation and Implementation of Technical Legislation on Products shall apply.
Suffered because consumers bought more tangible and visible property is different because of the litigation rights of non-pecuniary damage.
In accordance with Article 25-6 of the seventh paragraph of the article, 50 million pounds fine applied to each contract identified the violation of the principles and procedures set by the Ministry.
4 In the seventh paragraph of Article 5 in the article, in the sixth paragraph of Article 6, 6 / to in Article 6 / B, 6 / C clauses Ministry determined the procedures and principles in accordance with the fifth paragraph of Article 7, Article 9 in Article 9 / A in Article in Article 10, 10 / A in Article 11 / A of the second and fourth paragraphs, 12, 13, 14, 15 and 100 million pounds imposed on those who violate the obligations specified in Article 27.
In Article 8 and Article 7 of the fourth and sixth paragraphs of the article about acting contrary to the obligations imposed 250 million pounds.
Article 20 second paragraph of the article and determined by the Ministry in accordance with the procedures and in contradiction with the principles proclaimed when 500 million pounds fine applied. Irregularities in radio broadcasts nationwide and the penalty is carried out by ten times Televisions apply.
Acting contrary to Article 18 of the manufacturer-manufacturers and importers about 1 billion pounds fine, while about one-fifth of vendor-provider applied these penalties.
About acting contrary to the provisions of Article 19 paragraph 2 billion pounds fine applied.
5,000,000,000 pounds imposed on those who violate the provisions of Article 11. Irregularities at the country level has been realized with the publication time of publication which is a penalty of twenty times. The ministry also offers broadcasters the term and whether the cessation of all kinds of advertisements and announcements for the campaign. Despite this request if the continuation of the violation, a fine of 100 billion pounds applied to each sayı- days from the date he was born of necessity to stop advertising and announcements. The Ministry refers to all forms of advertising and Consumer Court with the request to stop the proclamation for the campaign and the campaign.
Measures to stop up to three months for acting contrary to Article 16 and / or stopping and / or correcting and / or a fine of 3.5 billion pounds applied. Advertising Board, according to the criminal nature of the violation may jointly or separately. Contrary to the provisions of Article 16, which broadcasts at the country level written, oral, and visual and realized by other means, be applied as fines tenfold.
Acting contrary to Article 7 of the seventh and eighth paragraphs, campaign subject goods or services invoiced amount at the rate of penalty is applied. Organizers of the campaign, when separated from the consumer campaign, if the refund does not apply to this sentence.
Article 7 of the acting contrary to the second paragraph, the provisions of Article 7 is given a week-long campaign for proper arrangements. If it is determined that the continued violation of the expiry of this period, those who act in breach of this provision, 24 and 24 / A fine of 50 billion pounds to those who act contrary to the obligations set out in Articles apply.
The fines stipulated in the above paragraphs shall apply in the case of repetition of the verb twice a year. No. 765 increased fines beginning of each year in accordance with Article 2 of the additional provisions of the Turkish Criminal Code.
If the penalty for the acts provided for in other laws with severe penalties in this Act shall apply.
Competence in criminal, appeal and timeout
Article 26 Article 25 A, four, seven, eight, nine and tenth paragraph by the Ministry of penalties, fines imposed by the civilian authorities in the other paragraphs of that place.
All kinds of fine imposed by this Act are administrative in nature. From the date of notification of this sentence may be appealed against to the competent administrative court within seven days. The appeal does not stop the execution of the sentence given by the administration.
Fines imposed by Article 25, shall be collected pursuant to the provisions of the Law on Procedure of Collection of Public Receivables.
Penalties for granting the administrative fines imposed by this Act limitation period is one year. Limitation period begins on the date the act was committed contrary to the provisions of this Act.
The continuous or repeated violations of the said period, the termination of the violation or the end of the day it starts repeated. It has been referred to a court decision against cuts to collect prescription.
Penalties, as members within seven days by the relevant competent authority to give punishment is reported to professional organizations.
Article 27 In the application of this Act, and staff will be appointed by the Ministry with the Ministry inspectors and controllers, municipalities; factories, stores, shops, commercial, warehouse, put all kinds of goods such as warehouse and / or services sold or offered in places inspection, investigation and are authorized to conduct research.
In matters falling within the scope of this law and show officials authorized persons and organizations the right to all information and documents must be filed in the original and certified copies.
Article 28 Ministry of medicine, preparation, except for analysis of cosmetics and food products, can benefit from the installation of laboratories in public and private organizations for the implementation of this Act.
Testing and inspection of samples taken during inspections conducted by the Ministry laboratory can be made in public or private institutions. Test and inspection fees are paid from special appropriations in Article 29. In case of violation of the relevant standards or technical regulations of the test and examination results for all expenses it paid by the manufacturer or importer. These expenses, according to the 6183 Law on Public Debt Collection Procedure shall be collected. When the test and inspection fees are charged on the basis of Article 29 held in private income is recorded in the budget.
Article 29 Consumer Council, consumer problems arbitration committee, and costs related to the Advertising Board of the organization and work, consumer associations and financial aid to be made to their parent organizations, costs for the purpose of consumer protection by the Ministry, other expenses and the principles and procedures on the approval of the Ministry of Industry and Trade Ministry in amounts to be determined in additional payments to be made to staff;
a) The Ministry of the funds to be appropriated in the budget,
b) to establish a new joint stock and limited liability companies and the status of capital of all shares and partnership event be covered by the payments to be made in proportion to one thousandth of a growing portion.
(B) income referred to in subparagraph Central Bank of the Republic of Turkey or the Turkish Republic reporter Collected in the account to be opened in the Agricultural Bank. Sixty percent of the amount collected in this account of Industry and Commerce Ministry's Central Audit Office account for forty percent of the Competition Authority will be transferred to the account at the end of each month.
Central Audit Office on the one hand account of the amounts transferred to the special budget revenue, on the other hand, the Ministry of Finance, Ministry of Industry and Trade, the present composition of special appropriations in the budget to be opened or saved.
A portion of the amount recorded as a special budget allocation to the Ministry; operating for at least five years of commercial, consumer associations and independent of political and administrative institutions, which activities will make use of their parent organizations in support of the project. From this account, consumers' associations and their parent organizations management and control of any payment to be made under the jurisdiction of the remuneration committee and salaries name. This account will benefit from consumer associations and other criteria to move their upper bodies, the Ministry of Industry and Trade is preparing a regulation with which the Ministry of Finance.
Thus the special allowance amount has not been spent within the year following the year of the saved amount is half of the private income and a special allowance save authorized the Minister of Finance's budget.
In cases where the general provisions of Article 30 of this Law shall apply.
Regulations and other regulations
The regulations referred to in Article 31 of this Law, public bodies concerned within one year from the date of publication of the law, is issued by the Ministry in consultation with the top professional organizations and consumer organizations. Ministry to take the necessary measures within the framework of legislation on the implementation of this Act and is authorized to make arrangements.
Law on the matter 32-3489 dated fixed Sales Obligation, 632 numbered imported or domestically made products of Motor Vehicles, Engines, Machine Tools and Law on Joint Sale of Equipment of pamphlets, 3003 No. Industrial From Production Cost and Selling Price of Control and repealed the Law on Identification .
Provisional Article 1- The default was the debtor before this law is published due to be paid by the enforcement proceedings from the stage or the execution, which are subject to follow-up credit card debt, default date on the major currencies, it is paid in twelve equal installments by applying the default interest rate not to exceed the annual fifty percent.
Follow all kind of realized due to credit card debts, it stops the payment of the first installment according to the provision set out above and disappear with all the results together with the payment of the last installment.
The provisions of this Article, the consumer's lender, from the date of publication of the law is applied in writing within thirty days to appeal.
Article 33 of this Law; On the publication of the provisional Article 1 of Article 29, and other substances from the date of publication shall enter into force three months later.
Article 34 of this Law shall be enforced by the Council of Ministers.
ABOUT PRACTICE PRINCIPLES AND PROCEDURES in distance contracts AMENDING REGULATION
ARTICLE 1 - dated 13.06.2003 and numbered 25137 Distance Contracts Official Gazette following the Regulation on Procedures and Principles Article 4 paragraph (j) is added:
"J) Continuous data carrier: Consumers, he personally sent information, that information purposes in accordance with a reasonable time to inspect that enables recording to allow all kinds allowing reached the same recorded information tool"
Article 2 - The first sentence of the first paragraph of Article 5 of the same Regulation and Article amended as follows: The following paragraph is added.
"Consumers, before the contract of distance contracts, by giving the information sheet that includes all of the following information, open, informed in an appropriate manner to understand and used means of communication." "In the case of the use of oral communication tools, as well as the vendor or provider, the identity and the commercial purpose of the meeting at the beginning of each meeting must inform the consumer in a clear way."
Article 3 - Article 6 of the same Regulation has been amended as follows.
"Article 6 - 5 of the article specified in the information form this regulation must be given to the consumer prior to the conclusion of the contract. Consumers, this information is acquired it can not be concluded unless the contract confirmed in writing. Verification process in the contracts electronically, is made in electronic form. The vendor or provider, for goods before reaching the contracted goods to the consumer, in writing, prior to the execution of the latest contract for services, and in contracts made electronically available to the consumer or permanently accessible obliged to deliver to the consumer the information sheet with another permanent data carrier. "
Article 4 - the first paragraph of Article 7 of the same Regulation is amended as follows:
"The distance contracts used by the consumer or permanently accessible to the consumer must be provided with another permanent data carrier."
Article 5 - the fifth paragraph of Article 8 of the same Regulation has been amended as follows.
"The vendor or provider fails to fulfill the obligations specified in Article 6 or Article 7, fixes the defect within thirty days the seller or provider. Seven-day period in this case, in writing, the information that corrected the deficiencies in question starts from the date of delivery to the consumer. Otherwise, To use the right to deter consumers are not bound by the seven-day period. "
Article 6 - the third paragraph of Article 9 of the same Regulation has been amended as follows.
"The vendor or provider must obtain approval for the distance contract to provide goods or services to consumers delivered or the information contained in Article 5 prior to the execution 7th place contractual clauses in consumer and Article 6 of the confirmation of the preliminary information within the specified obligations. Burden of proof dealer in dispute or belong to provider. "
Article 7 - This Regulation shall enter into force on the date of publication.
Article 8 - This Regulation shall be enforced by the Minister of Industry and Trade.