
CONSUMER RIGHTS
4077 NUMBERED CONSUMER PROTECTION LAW AMENDED BY 4822 NUMBERED LAW
Date of Enactment: 6.3.2003
FIRST CHAPTER
Purpose, Scope, Definitions
Purpose
Article 1- The purpose of this Law is to take precautions which protect health and safety and economic interests of the consumers, enlightening, training precautions which indemnify their losses and ensure them to be protected from the environmental dangers, in compliance with the public interest, and to support consumers about protective attempts for themselves and to regulate the matters related to encouraging their voluntary organization about constitution of policies about this subject.
Scope
Article 2- This Law includes all kinds of consumer transactions in which consumer constitutes one of the parties, in the goods and service markets for the purposes stated in 1st article.
Definitions (***)
Article 3- Following terms have the following meanings in the application of this Law:
a) Ministry means Ministry of Industry and Commerce,
b) Minister means Minister of Industry and Commerce,
c) Goods means movable goods which is the subject matter of shopping, immovable goods for housing and holiday purpose, and intangible goods such as software, audio, visual and similar goods prepared for using in the electronic environment,
d) Service means all kinds of activities except providing goods against any fee or benefit,
e) Consumer means real or legal person who acquires, uses or benefits a goods or service for non-commercial or non-occupational purpose,
f) Seller means real or legal persons who provides goods to the consumer under the scope of commercial or occupational activities including public legal persons,
g) Provider means real or legal persons who provides services to the consumer under the scope of commercial or occupational activities including public legal persons,
h) Consumer transaction means all kinds of legal transactions performed between consumer and seller-provider in the goods or service markets,
ı) Manufacturer-Producer means those produce goods or services provided to the consumer including public legal persons, or raw materials or intermediate goods of these goods or services, and those offer them for sale by putting its own distinctive mark, trademark or title onto the goods,
j) Importer means real or legal person who imports and then offers for sale goods or services provided to the consumer including public legal persons, or raw materials or intermediate goods of these goods or services,
k) Creditor means bank, private financial institution and financing companies which are authorized to provide cash credit to the consumers in accordance with the legislations,
l) Owner of advertisement means real or legal person who has advertisements including its company or its goods/service brand prepared, published and distributed or otherwise displayed in order to promote the goods/service which it produces or markets, to increase its sale or to create and to strengthen its image,
m) Advertiser means commercial communication specialist real or legal person who prepares commercial advertisements and announcements in accordance with the requirement of owner of advertisement, and mediates their publication on behalf of the owner of advertisement,
n) Channel institution means real or legal person who is the owner, operator or renter of communication channels or all kinds of means transmitting commercial advertisement or announcement to the target group,
o) Technical regulation means all kinds of regulations which are obliged to be obeyed including the standards which are put into force obligatorily by publishing in Official Gazette by the relevant Ministry and which state one or several characteristic(s), processing and production method(s) of a product and service, terminology, symbol, packaging, marking, labeling, and conformity assessment transactions related to these, including relevant administrative provisions,
p) Consumer organizations mean association, foundation or their supreme institutions established in order to protect the consumer,
r) Housing finance institution means the institutions stated in 2499 numbered Capital Market Law, Article 38/A, second paragraph.
SECOND CHAPTER
Protection and Enlightenment of Consumer
Defective Goods (***)
Article 4- The goods, including physical, legal or economical deficiencies which are contrary to quality appearing in its package, label, promotion and operating manual or its advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or quantity affecting the quality or which decrease or eliminate its value in terms of its allocation and using purpose or benefits expected from it by the consumer, are deemed as defective goods.
Consumer is obliged to notify the defect to the seller within thirty days as of delivery date of the goods. In this case, consumer is entitled to cancel the agreement including return of its amount, to demand replacing the goods with its equivalent free from defects or reduction of amount at the rate of defect or free repair.
Seller is obliged to fulfill such claim preferred by the consumer. In the event that defective goods causes death and/or injury and/or causes loss in the other goods in use, consumer is also entitled to claim compensation from manufacturer-producer, with one of these elections.
Manufacturer-producer, seller, dealer, agent, importer and creditor according to fifth paragraph of Article 10 or ninth paragraph of Article 10/B, are severally responsible for defective goods and elections of the consumer in this article. Responsibility of creditor housing finance institution is limited to period of 1 year as of delivery date and provided credit amount, according to ninth paragraph of Article 10/B. Even if credits, provided by housing finance institutions according to ninth paragraph of Article 10/B, are transferred, responsibility of creditor housing finance institution continues. The institution, which takes over the credit, is not responsible under the scope of this article. In the event that more than one person is responsible for the loss caused by defective goods, these are severally responsible. The fact that it is not known that sold goods is defective does not remove the responsibility.
If those, who are held responsible for any defect with this article, have not assumed any responsibility for defect, for a longer period, responsibility for defective goods is subject to term of limitations for two years as of delivery date of goods to the consumer even if defect has emerged later. This term is five years for immovable goods for housing and holiday purpose. Claims to be made due to all kinds of losses caused by defective goods are subject to term of limitations for three years. These claims are removed after ten years period by beginning from the date when goods causing loss is placed on the market. However, if defect of sold goods has been concealed from the consumer with gross fault of seller or by fraud, it may not be benefitted from the term of limitations.
Above provisions are not applied for the goods which are sold by knowing that they are defective, other than the provisions related to the responsibility for the losses caused by the defective goods.
It is obliged to put a label including the mark of “defective” which is easily readable by the consumer, onto the defective goods to be offered for sale or onto its package, by manufacturer or seller. There is not any obligation to put this label in the places where only defective goods are sold or whose one section, such as one floor or rayon, is allocated for sale of defective goods continuously, in such a manner that it can be known by the consumer. The matter about that goods is defective is indicated on the invoice, voucher or sales document given to the consumer.
Unsafe goods may not be supplied to the market even with label including the mark of “defective”. Provisions of 4703 numbered Law on Preparation and Application of Technical Regulations about Products are applied for these products.
These provisions are also applied for all kinds of consumer transactions related to sale of goods.
Defective Service
Article 4/A- The services, including physical, legal or economical deficiencies which are contrary to quality determined in its advertisements and announcements notified by the provider or in its standard or technical rule, or quantity affecting the quality or which decrease or eliminate its value in terms of its benefiting purpose or benefits expected from it by the consumer, are deemed as defective service.
Consumer is obliged to notify such defect to the provider within thirty days as of execution date of the service. In this case, consumer is entitled to cancel the agreement, to be provided with the service again or to get reduction of amount at the rate of defect. If termination of agreement by the consumer may not be deemed justified in accordance with the situation, it is contented with the reduction of amount. Consumer is also entitled to claim compensation under the conditions stated in 4th article with one of these elections. Provider is obliged to fulfill such claim preferred by the consumer.
Provider, dealer, agent, and creditor according to fifth paragraph of Article 10, are severally responsible for defective service and all kinds of losses caused by defective service, and elections of the consumer in this article. The fact that it is not known that provided service is defective does not remove the responsibility.
If guaranty has not been provided for a longer period, claims to be made due to the defective service are subject to term of limitations for two years as of execution of service even if defect has emerged later. Claims to be made due to all kinds of losses caused by defective service are subject to term of limitations for three years. However, if defect of provided service has been concealed from the consumer with gross fault of provider or by fraud, it may not be benefitted from the term of limitations.
Above provisions are not applied for the services which are acquired by knowing that they are defective, other than the provisions related to the responsibility for the losses caused by the defective service.
These provisions are also applied in all kinds of consumer transactions related to providing the service.
Avoidance of Sale
Article 5- In the event that a goods, which does not bear any mark of “sample” or “not for sale” on it, is displayed in the display window, shelf or any easily visible place of an enterprise, seller may not avoid sales of these goods.
Also, it may not be avoided providing the service without any justified reason.
If there is not any contrary practice, commercial manners or customs, seller may not qualify sale of a goods or service to conditions such as quantity, number or dimension determined by service itself or to purchasing another goods or service.
This provision is also applied in the other goods sale and service providing agreements.
Unjust Conditions in the Agreements
Article 6- The agreement conditions, which are put into the agreement unilaterally by seller or provider without negotiating with the consumer and cause imbalance against the consumer so as to be contrary to good faith rule in rights and obligations of the parties arisen from the agreement, are unjust conditions.
Unjust conditions in all kinds of agreements in which one of the parties is the consumer are not binding for the consumer.
If any agreement condition has been prepared in advance and the consumer could not affect its content because it takes place especially in the standard agreement, it is agreed that such agreement condition is not negotiated with the consumer.
If it is concluded that the agreement is a standard agreement after its entire assessment, negotiation of definite matters or an individual provision of a condition in this agreement does not prevent application of this article for balance part of the agreement.
If a seller or provider asserts that a standard condition is discussed individually, its burden of proof belongs to it.
Consumer agreements, which are stipulated to be regulated in writing in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A, are issued with minimum twelve font sizes and bold letters and in the event that one or several of the condition(s), which should be available in the agreement, is/are not available, deficiency does not affect the validity of agreement. This deficiency is eliminated by the seller or provider immediately.
Ministry determines procedures and principles about determining unjust conditions in the standard agreements and providing their removal from the text of agreement.
Sale on Installments
Article 6/A- Sale on installments is the type of sale in which sales amount is paid on at least two installments, and goods or service is delivered or executed during the moment when agreement is issued.
It is obliged to make agreement of sale on installments in writing. Minimum conditions, which should be available in the agreement, have been shown in the following:
a) Name, title, mailing addresses and if any, contact information of consumer and seller or provider,
b) Cash sale price of goods or service including taxes, in Turkish Lira,
c) Total sale price in Turkish Lira to be paid with interest according to the maturity,
d) Interest amount, annual rate with which interest is calculated, and default interest rate provided that it does not exceed more than thirty percent of interest rate determined in the agreement,
e) Down payment amount,
f) Payment plan,
g) Legal results of default of the debtor.
Seller or provider is obliged to ensure that these details are available in the agreement, and to provide one copy of the agreement concluded between the parties, to the consumer. If promissory note in the nature of valuable paper shall be issued apart from the agreement, this promissory note is issued so as to be separate for each installment payment and only to the name. Otherwise, bill of exchange is invalid.
Consumer is entitled to prepay total debited amount in the sales on installments. At the same time, consumer may make one or more than one installment payment(s) provided that it is not less than one installment amount. In both cases, seller is obliged to make necessary interest discount according to paid amount.
If seller or provider has reserved right to claim execution of whole of balance debt in the event that one or several installment(s) is/are not paid, this right may be used only when seller or provider has fulfilled all their actions, and consumer defaults to pay at least two consecutive installments, and unpaid installment total is at least one tenth of sale value. However, seller or provider should give notice of acceleration by giving at least one week period in order to use such right.
Agreement conditions may not be changed against the consumer in any manner.
Time share holiday
Article 6/B- Time share holiday agreements are the written agreement or agreements group which is made for at least three years period and includes transfer or commitment of transfer of use right of one or more real estate for a definite period or one period which can be determined and shall not be less than one week, within the year during this period and whose one copy is obliged to be provided to the consumer.
Ministry determines procedures and principles related to time share holiday agreements.
Package tour
Article 6/C- Package tour agreements are prearranged written agreements in which transportation, accommodation and at least two of other touristic services which are not deemed as auxiliary for these, together are sold with all-inclusive price, or in which promise to sell is made and service covers a period longer than twenty four hours or which includes overnight accommodation and whose one copy is obliged to be provided to the consumer.
Ministry determines procedures and principles related to package tour agreements.
Sales Campaign (***)
Article 7- Sales campaign is the sale which is made by accepting participant into the campaigns organized by announcing to the consumer through paper, radio, television announcement and similar ways, and by delivering or executing the goods or service later.
Sales campaign is made with the consent of Ministry. Ministry determines which kinds of sales shall be subject to the consent; prepayment, installment amount, delivery period, guaranty of Producer Company, deposit to be paid and procedures and principles which should be obeyed in the sales campaign.
In the event that delivery or execution of announced and undertaken goods or service is not performed at all or properly; seller, provider, dealer, agent, manufacturer-producer, importer and creditor according to fifth paragraph of Article 10, are severally responsible for it. In the event that delivery of announced and undertaken housing is not performed at all, properly or in time, creditor housing finance institution together with seller, provider, dealer, agent, manufacturer-producer, importer are severally responsible for provided credit amount, according to ninth paragraph of Article 10/B. Even if credits, provided by housing finance institutions according to ninth paragraph of Article 10/B, are transferred, responsibility of creditor housing finance institution continues. The institution, which takes over the credit, is not responsible under the scope of this article.
After the consumer decides to separate from the campaign, organizer of campaign is obliged to pay whole amount paid by the consumer until that moment, provided that it does not exceed delivery date of goods or service to the consumer.
Organizer of campaign is obliged to provide one copy of the agreement including information about “campaign ending date” and “goods or service delivery or execution date and manner” in addition to information stated in the second paragraph of Article 6/A, in the written agreement to be arranged in the sales campaign, to the consumer.
Unless otherwise is decided in the agreement, prepayment amount may not be more than forty percent of sale value of goods or service.
Delivery period of goods or execution period of service may not exceed twelve months in the sales campaign. This period is thirty months for immovable goods for housing and holiday purpose.
In the event that consumer fulfills all actions related to payment, delivery of goods or execution of service is obliged to be made at the latest within one month following the end of payment.
Provisions of article 6/A are also applied in the sales campaign on installments.
Door Step Sale
Article 8- Door step sale is the sales made out of sales stores such as workplace, fair, street fair.
Ministry determines required qualifications of those who will make door step sale, door step sales which are subject to and are not subject to this Law and application procedures and principles related to door step sales.
In such kinds of sales, consumer is free to accept the goods within seven days as of receipt date or to reject it without showing any justification and without entering into obligation. In the sales of services, this period starts as of the signing date of the agreement. Without expiration of this period, seller or provider may not demand consumer to make payment under any name against goods or service which is the subject matter of door step sale transaction or to give any binding document. Seller is obliged to take back the goods within twenty days as of the moment when notice of withdrawal comes to him.
Consumer is not responsible for changes and deformations occurred due to usual use of the goods.
Provisions of Article 6/A are also applied in door step sales on installments and provisions of article 7 are also applied in the door step sales with campaign.
Obligation of Seller and Provider in the Door Step Sales
Article 9- Explanatory information related to quality and quantity of goods or service, mailing address for sending notice of withdrawal and following mark in at least sixteen font sizes and bold letters, in addition to other matters which should be available in the agreement, are obliged to take place in the door step sale agreements:
We hereby undertake that consumer has right of withdrawal from the agreement by rejecting the goods or service within seven days as of signing date of the agreement or receipt date without assuming any legal and criminal liability and without showing any justification, and we take back the goods as of the date when notice of withdrawal is received by seller/provider.
Consumer signs the agreement stating the rights which he/she has, and writes date with his/her own handwriting. Seller or provider is obliged to ensure that these information take place in the agreement and to provide one copy of the agreement concluded between parties to the consumer.
Proof about delivery of an agreement arranged according to provisions of this article and goods to the consumer, belongs to seller or provider. Otherwise, consumer is not subject to seven days period in order to use right of withdrawal.
Distance Contracts
Article 9/A- Distance contracts are the contracts which are made by using written, visual means, telephone and electronic environment or other means of communication and without meeting with consumers, and in which it is decided to deliver or to execute goods or service to the consumer instantly or later.
Before concluding the distance sales contract, information, whose details shall be determined with the communiqué to be enacted by Ministry, is obliged to be provided to the consumer. Unless consumer confirms in writing that such information is acquired, agreement may not be concluded. Confirmation transaction is made again in the electronic environment, in the agreements made in the electronic environment.
Seller and provider fulfill their actions within thirty days as of the moment when order of consumer is received by him/her. This period may be extended for maximum ten days provided that it is notified in advance to the consumer in writing.
Seller or provider is obliged to prove that delivery of delivered intangible goods or provided services to the consumer is made without defect in the electronic environment.
Provisions about door step sales are also applied to the distance contracts, other than provisions about that it may not be demanded from consumer to make payment under any name against goods or service which is the subject matter of contract or to give any binding document during the period for right of withdrawal.
Seller or provider is obliged to return any received amount, valuable paper and all kinds of binding documents for consumer due to this legal transaction, within ten days as of the date when he/she receives the notice of withdrawal and also to take back the goods within twenty days.
Consumer Credit
Article 10- Consumer credit is the credit received in cash from the creditor by the consumers in order to acquire a goods or service. Consumer credit agreement is obliged to be made in writing and one copy of this agreement is obliged to be given to the consumer. Credit conditions stipulated in the agreement concluded between parties can not be changed against the consumer within the duration of agreement.
The agreement includes the following things:
a) Amount of consumer credit,
b) Total debt amount with interest and other elements,
c) Annual rate on which interest is calculated,
d) Payment plan stating payment dates, principal, interest, fund and other expenses,
e) Guarantees to be demanded,
f) Default interest rate provided that it does not exceed more than thirty percent of contractual interest rate,
g) Legal results for default of the debtor,
h) Conditions about closure of credit before its maturity,
ı) In the event that credit is supplied in foreign exchange currency, conditions about the fact that rate of exchange in which date shall be taken into consideration, take place in the calculation of installments about repayment and calculation of total credit amount.
If creditor has reserved right to claim execution of whole of balance debt in the event that one or several installment(s) is/are not paid, this right may be used only when creditor has fulfilled all its actions, and consumer defaults to pay at least two consecutive installments. However, creditor should give notice of acceleration by giving at least one week period in order to use such right. In the event that personal guaranty is given as guaranty of consumer credit, creditor may not execute the debt from the guarantor, without applying to the principal debtor.
Consumer may pay debited total amount to the creditor in advance, as well as it may also pay one or more undue installment(s). In both cases, creditor is obliged to make necessary interest and commission discount according to paid amount. Ministry determines procedures and principles about at which rate necessary interest and commission discount shall be made according to paid amount.
In the event that creditor provides the consumer credit with condition of purchasing a goods or service in definite brand or sales agreement to be made with a definite seller or provider, in case sold goods or service is not delivered or executed at all or in time, creditor with seller or provider is severally responsible against the consumer.
It is prohibited that creditor binds the payments to a valuable paper or guarantees the credit by accepting the valuable paper. Despite this prohibition, if a valuable paper shall be received from the consumer, consumer is entitled to reclaim such valuable paper from the creditor. Furthermore, creditor is obliged to compensate the loss incurred by the consumer due to the endorsement of valuable paper.
Credit Cards Article 10/A- credits which turn into cash credit as a result of purchasing goods or service with the credit card or which is used with cash withdrawal through credit card are also subject to provisions of 10th Article. However, provision of fourth paragraph and (a), (b), (h) and (ı) items of second paragraph of 10th Article is not applied for such kinds of credits.
Periodical account summaries sent to the consumer by the creditor have the force of payment plan stipulated in item (d) of second paragraph of 10th article. In the event that minimum payment amount in the periodical account summary is not paid when due, consumer may not be put under obligation under any name other than default interest in (f) item of 10th article. (****)
Creditor is obliged to notify the interest increase to the consumer before thirty days. Interest rate increased by the creditor may not be applied retroactively. In the event that consumer terminates to use the credit by paying whole debt at the latest within sixty days as of the notification date, it is not affected from interest increase.
In the event that goods or service is purchased through credit card, seller or provider may not claim commission or additional payment under any similar name from the consumer.
Housing Finance Agreements (***)
Article 10/B- Housing finance institutions are obliged to provide general information about credit or financial leasing transactions before agreement to the consumers and to provide Before Agreement Information Form including conditions of financial leasing agreement or credit which they offer to the consumer. Consumer is free to accept the offer or not.
Scope of general information to be provided by housing finance institutions and standards of Before Agreement Information Form are determined by the Ministry by getting opinion of relevant associations. Agreement signed without passing one business day following providing Before Agreement Information Form to the consumer is invalid.
It is obliged to make housing finance agreements in writing and to provide one copy of this agreement to the consumer. Conditions stipulated in the agreement concluded between the parties may not be changed against the consumer during the period of agreement.
In the event that debtor defaults, housing finance institution is obliged to give notice through certified mail within five business days as of default date to the debtor.
If housing finance institution has reserved right to claim execution of whole of balance debt in the event that repayments are not made, this right may be used only when consumer defaults to pay at least two consecutive payments. Housing finance institution should give notice of acceleration by giving at least one month period in order to use such right.
In the event that housing finance institution terminates the financial leasing agreement in order to use right to execute whole of balance debt following expiration of given period in the acceleration notice of the consumer, in the financial leasing transactions, it is obliged to put the housing up for sale immediately. Housing finance institution has authorized persons or institutions made appraisal in accordance with item (r) of first paragraph of 22nd Article of 2499 numbered Capital Market Law for the housing before sale. Appraised value is notified to the consumer in at least ten business days before the sale. Housing finance institution performs sale of housing by acting as a prudent merchant by considering appraised value. Consumer is responsible for the amount of loss belonging to housing finance institution which exceeds the value acquired from sale of housing. In the event that value acquired from sale of housing exceeds the balance debt, exceeding amount is paid to the consumer. 7th, 25th and 31st Articles of 3226 numbered Financial Leasing Law are not applied in the financial leasing transactions for financing of the housing.
Following realizing sale of housing and payment of part of acquired value which exceeds the balance debt to the consumer, consumer or third parties, who hold the possession in case possession has been transferred, are obliged to evacuate the housing. In the event that housing is not evacuated, owner of housing can apply for modus operandi against consumer or third parties, who hold the possession in case possession has been transferred in accordance with 26th and 27th articles of 2004 numbered Enforcement and Bankruptcy Law.
In the event that personal guaranty is given as guaranty of used financing, housing finance institution may not demand execution of the debt from the guarantor, without applying to the principal debtor and other guaranties.
In the event that creditor housing finance institution provides the credit with condition of purchasing a definite housing or sales agreement to be made with a definite seller in the transactions arisen from housing finance defined in the first paragraph of Article 38/A of 2499 numbered Capital Market Law, in case housing is not delivered at all or in time, creditor with seller is severally responsible for provided credit amount against the consumer. In the event that credits provided by housing finance institutions are transferred to mortgage financing institutions, housing finance funds or mortgage-backed securities cover pools, responsibility of creditor housing finance institution continues. The institution, which takes over the credit, is not responsible under the scope of this article.
It is prohibited that creditor binds the payments to a valuable paper or guarantees the credit by accepting the valuable paper. Despite this prohibition, if a valuable paper shall be received from the consumer, consumer is entitled to reclaim such valuable paper from the creditor. Furthermore, creditor is obliged to compensate the loss incurred by the consumer due to the endorsement of valuable paper.
In case of credits, the part of repayment amounts which exceed the principal, and in case of financial leasing transactions, the part of rental amounts which exceed the principal is accepted as interest under the scope of this article.
Interest rate may be determined on fixed, variable basis or based on both methods for the same credit in the credits for housing finance by stating in the agreement and in the financial leasing transactions. In the event that rate is determined as fixed, the rate determined at the beginning in the agreement may not be changed without joint consent of both parties. In the event that rate is determined as variable, the rate determined at the beginning in the agreement may be changed provided that periodical repayment amount does not exceed maximum periodical repayment amount to be determined at the beginning in the agreement again, and also based on an index to be determined in the agreement and accepted generally and used extensively in the domestic or in the abroad. In the event that rates are determined as variable, it is conditional to inform the consumers about probable effects of this method. Reference interests and indexes which can be used for these purposes are determined by Republic of Turkey Central Bank; procedures and principles about methods of informing the consumers are determined by the Ministry.
Consumer may pay total debited amount to the housing finance institution in advance as well as it may make one or more payment before its maturity at the same time. In both cases, housing finance institution is obliged to make necessary interest discount for installments paid before its maturity. Provisions of relevant regulation enacted by Ministry are applied in the calculation of necessary interest discount according to paid amount and annual cost rate of credit to the consumer.
In the event that interest rate is determined as fixed, in case one or more payment(s) is/are made before its maturity, by stating in the agreement, early payment fee can be claimed from the consumer by the housing finance institution. Early payment fee may not exceed two percent of the amount paid early to the housing finance institution by the consumer and calculated by making necessary interest discount. In the event that rates are determined as variable, early payment fee may not be claimed from the consumer.
It is obliged to state the following matters minimally in the housing finance agreements:
a) Credit amount for the housing finance agreements, total rental amount for the housing finance agreements,
b) Information on the housing on which mortgage is established for the credit agreements and the housing which is the subject matter of financial leasing for financial leasing agreements,
c) Annual interest rate and annual cost rate (annual interest rate and annual cost rate are calculated for beginning and maximum interest rate separately in the agreements with the variable interest rate),
d) Distribution of total debt amount in terms of principal, interest and other expenses (total debt amounts to be calculated based on beginning interest rate or rental amount and maximum interest rate or rental amount in the agreements with the variable interest rate),
e) Calculation method of change in the index and interest rate or rental amounts which are based in the agreements with the variable interest rate),
f) Payment plan, prepared periodically for the first year and annually for the rest years, and stating paid principal, paid interest, other expenses, balance principal, repayment for relevant periods or rental amounts (two separate payment plans are constituted by using beginning and maximum interest rates, in the agreements with the variable interest rate.),
g) Repayment or rent payment number, payment dates, when payments shall be made in case determined payment date corresponds to the official holiday, first and last payment dates,
h) Guaranties to be demanded,
i) In case it is defaulted in the payments, default interest rate provided that it does not exceed more than thirty percent of contractual interest rate (current interest rate in the agreements with the variable interest rate) for the credit agreements, default interest rate to be applied for financial leasing agreements,
j) Legal results of default of the debtor,
k) Conditions about making credit repayments or rental payments before maturity and if early payment fee is stipulated in the agreements with fixed interest rate, principles about its calculation,
l) In the event that credit or rental amounts are determined in foreign currency unit, conditions about that rate of exchange on which date shall be considered in the calculation of rental and repayment amounts and total debt amount,
m) Cases which can require performance of appraisal in the housing which is the subject matter of agreement, and who can perform the appraisal,
n) If any, insurance details related to the housing which is the subject matter of agreement.
Periodical payment receipts to be sent to the consumer state distribution of payments in the form which is available in the item (d) of fifteenth paragraph and balance debt amount.
Real person partners of cooperative housing societies are deemed as consumer in the application of this article.
Periodicals
Article 11- In the event that it is undertaken to provide a second product and/or service other than periodical in the form of ticket, coupon, participation number, game, drawings and similar manners for whatever purpose and form, and arranged by periodical institutions, undertaking and distribution of any goods or service may not be made other than cultural products which are not contrary to periodical publication purposes such as book, magazine, encyclopedia, banner, flag, poster, oral or visual magnetic band or optical disk. In the event that campaign is organized for this purpose, period of campaign may not exceed sixty days. It may not be demanded to cover one of amount of goods or service which is the subject matter of campaign by the consumer.
Periodical institution is obliged to announce the program about delivery and execution date of goods or service which is the subject matter of campaign throughout Turkey, in the campaign advertisements and announcements and to fulfill delivery and execution of goods or service which is the subject matter of campaign, within thirty days as of expiration of the campaign.
Sales price of periodical may not be increased due to the cost increase caused by goods or service undertaken to be provided as second product, during the period of campaign. Undertaking and distribution of goods or service which is the subject matter of campaign may not be made by dividing as well as integral or complementary parts of such goods or service may not be made the subject matter of a separate campaign. Transactions related to each goods or service undertaken to be provided as second product are accepted as an independent campaign in the application of this Law.
Campaigns, which are not organized by the periodical institutions, but which are associated directly or indirectly with the periodical, are also subject to these provisions.
Subscription Agreements
Article 11/A- Consumers, who are the party of all kinds of subscription agreements, may terminate their subscriptions unilaterally provided that they notify their demands to the seller in writing.
Seller is obliged to fulfill subscription termination demand of consumer at the latest within seven days as of receipt date of written notice.
If it is the periodical subscription termination demand, it enters into force after fifteen days in the daily publications as of receipt date of written notice by the seller; it enters into force after one month in the weekly publications; it enters into force after three months in the monthly publications.
Seller is obliged to return balance of subscription fee within fifteen fays without any deduction.
Price Label
Article 12- It is obliged to put label containing price, manufacturing place and distinguishing features including all taxes related to such goods in an easily visible and readable manner, on goods which are exposed for retail sale or its packages or its containers and to hang lists covering the same information onto the appropriate places visibly in case it is not possible to put the label.
Lists indicating tariff and prices of services are also hung by arranging according to the first paragraph.
In the event that there is a difference between price stated in the label, price and tariff lists and cash price, sale is made on the price in favor of consumer.
Price: it is prohibited to offer for sale goods or services determined by Council of Ministers, public institutions and organization or the professional organizations in the nature of public institution, with a price over such determined price.
Ministry regulates form, content, procedures and principles of the label and tariff lists with a regulation. Ministry and municipalities are charged to carry out the works about application and pursuit of provisions of this article separately.
Certificate of Warranty
Article 13- Manufacturers or importers are obliged to issue a certificate of warranty approved by Ministry for industrial goods which they import or produce. Seller, dealer or agent is responsible for completing and providing certificate of warranty including date and number of goods invoice to the consumer. Period of warranty starts as of goods delivery date and it is minimum two years. However, warranty conditions of some goods may be determined with another unit of measurement due to its feature by the Ministry.
In the event that goods under the scope of certificate of warranty break down within the period of warranty, seller is obliged to repair the goods without claiming any workmanship cost, replaceable part amount and any fee under another name.
If consumer has used the repair right, in the event that failure to benefit from the goods is continuous due to frequent breakdown within period of warranty, or necessary maximum period for repair is exceeded or it is understood that its repair is not possible, he/she may use other elections in 4th Article. Seller may not reject such claim.
In case the consumer does not fulfill such claim, seller, dealer, agent, manufacturer-producer and importer are severally responsible.
Breakdowns, arisen of using the goods contrary to the matters in the operating manual by the consumer, are not covered by provisions of second and third paragraph.
Ministry is charged to determine and to announce which industrial goods are obliged to be sold with certificate of warranty and necessary maximum periods for repair of breakdowns of these goods by getting opinion of Turkish Standards Institute.
Introductory and Operating Manual
Article 14- Industrial goods, produced in the domestic or imported, are obliged to be sold with Turkish manual related to introduction, using, maintenance and simple repair and when necessary, with the label covering international symbols and marks.
Ministry is charged to determine and to announce which industrial goods are obliged to be sold with introductory and operating manual and label and minimum matters which should be available on these, by getting opinion of Turkish Standards Institute.
After Sale Services
Article 15- Manufacturers or importers are obliged to provide maintenance and repair services by keeping sufficial technical personnel and spare part stock during such goods’ useful life determined and announced by the Ministry, for the industrial goods, which they sell, produce or import.
Spare part stock quantity which should be kept by manufacturers or importers is determined by the Ministry.
In the event that commercial activity of the importer terminates in any manner, new importer of such goods is obliged to provide maintenance and repair services during its useful life.
Ministry is charged to determine and to announce procedures and principles about that service stations are obliged to be established for which goods and establishment and operation of service stations, by getting opinion of Turkish Standards Institute.
In the event that an industrial goods, which is obliged to be sold with certificate of warranty, breaks down after the period of warranty, it is obliged to repair such goods within maximum repair period determined by the Ministry.
Commercial Advertisements and Announcements
Article 16- It is essential that commercial advertisements and announcements should be honest, correct and conformable with laws, principles determined by Board of Advertisement, public moral, public order, personal rights.
Advertisements and announcements which are deceptive, misleading the consumer or abusing his/her experience and knowledge deficiencies, endangering life and property security of the consumer, encouraging violence actions and committing crime, deteriorating public health, abusing patients, old people, children and disableds and implicit advertisement may not be made.
Comparative advertisements of competitive goods and services which meet the same requirements or are intended for the same purpose may be made
Owner of advertisement is olibged to prove the perceptible claims in the commercial advertisement or announcement.
Owners of advertisement, advertisers and channel institutions are obliged to obey provisions of this article.
Board of Advertisement (*)
Article 17- It is constituted a Board of Advertisement which is charged to determine principles which should be obeyed in the commercial advertisements and announcements, to examine commercial advertisements and announcements within the frame of these principles and preventive cessation of advertisements and announcements which are contrary to provisions of 16th article, until three months, according to the examination result, and/or cessation and/or correction in the same method and/or imposing fine. Resolutions of Board of Advertisement are applied by the Ministry.
Board of Advertisement also consider globally accepted definition and rules in the field of advertising, as well as country conditions, in the determination of principles which should be obeyed in the commercial advertisements and announcements.
Board of Advertisement, whose presidency is carried out by related General Manager to be charged by the minister, is composed of twenty nine members as follows:
a) A member to be charged from among related General Manager Assistants by the Ministry,
b) A member to be charged from among judges working in the administrative duties in Ministry of Justice by this Ministry,
c) A specialist member in the field of advertisement to be charged by Turkish Radio and Television Corporation,
d) A member to be selected from among specialist university instructors in the field of advertisement by Turkish Council of High Education,
e) A doctor member to be charged by Central Council of Turkish Medical Association,
f) A lawyer member to be charged by Turkish Bar Association,
g) Four members to be charged from the various sectors by Turkish Union of Chambers and Exchange Commodities,
h) A member to be selected by all journalists’ associations in Turkey among themselves,
i) A member to be selected by advertisers’ associations or if any, supreme institutions,
j) A member to be charged by supreme organizations or to be selected from among representatives of consumer organization participated into the Council, by Consumer Council,
k) A member to be charged by Turkish Association of Chamber of Agriculture,
l) A member to be charged by Turkish Tradesmen and Artisans Confederation,
m) A member from Turkish Standards Institute,
n) A member from Presidency of Religious Affairs,
o) A member from Union of Chambers of Turkish Engineers and Architects,
p) A member from confederations of workers’ trade unions,
r) A member from confederations of officers’ trade unions,
s) A member to be charged by Union of Chambers of Certified Public Accountants of Turkey,
t) A member to be selected by Ankara, Istanbul, and Izmir Metropolitan Municipalities from among themselves,
u) A member from Turkish Union of Pharmacists,
v) A member from Turkish Union of Dentists,
y) Two members from each of Ministry of Agriculture and Rural Affairs and Ministry of Health.
Task duration of board members is three years. Those whose duration expires may be charged or selected again. In the event that memberships are emptied for any reason, appointment or selection is made for emptied positions within one month under the principles of third paragraph.
The board meets at least once per month or in every required time upon call of Chairman.
The Board meets with attendance of at least fourteen members including Chairman and resolves with majority of attendants of meeting.
The Board may establish specialization commissions in order to perform a duty continuously and temporarily in the cases which are deemed necessary. Public personnel, whose performance of duty in these boards shall be approved by the Board, are charged by the related public institutions.
Attendance fee to be provided to members of Board and public officials from among members of the specialization commission and attendance fee to be paid to members of Board who are not the public officials are determined by the Ministry by getting appropriate opinion of Ministry of Finance.
Secretarial services of the board are fulfilled by the Ministry.
Resolution of Board of Advertisement are stated by the Presidency of Board of Advertisements in order to inform, to enlighten the consumers and to protect their economical interests.
Duties of Board of Advertisement, foundation, working procedures and principles and in what manner secretarial services shall be fulfilled are determined by a regulation to be enacted by the Ministry.
Harmful Dangerous Goods and Services
Article 18- In the event that goods and services offered for use of the consumer may be harmful or dangerous in terms of human body and mental health and environment, explanatory information and warnings related to this situation are put or written onto these goods for their safe use or into attached operating manuals, in an easily visible and readable manner.
Ministry is charged to determine and to announce which goods or services should bear explanatory information and warnings and form and place of such information and warnings, with related ministry and other institutions.
Inspection of Goods and Service
Article 19- Goods and services provided to the consumer should comply with technical regulation which is obliged to be obeyed including standards which are put into force obligatorily by publishing in the Official Gazette by the related ministries.
Related ministries are charged to make inspection or have inspection made according to these principles. Procedures and principles related to inspection of goods and service, are determined and announced by each related ministry.
Training of Consumer
Article 20- Necessary additions are made into the curriculums of formal and informal educational institution about training of the consumer by Ministry of National Education.
Procedures and principles about arrangement of programs on the radios and televisions for training and raising the awareness of the consumer are determined and announced by the Ministry upon proposal of Consumer Council.
THIRD CHAPTER
Consumer Institutions
Consumer Council
Article 21- A “Consumer Council” is established in order to research necessary precautions about problems, requirements of the consumers and protection of their interests, and to transmit precautions to be taken for solution of problems in line with globa consumer rights and opinions about precautions for application of this Law for discussing them firstly by relevant authorities, under the coordination of Ministry.
Consumer Council is composed of representatives of ministries of Justice, Finance, National Education, Health, Transportation, Agriculture and Rural Affairs, Industry and Commerce, Tourism and Environment, Undersecretariat of State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Presidency of Turkish Patent Institute, Presidency of State Statistics Institute, Presidency of Turkish Standards Institute, Competition Authority, Radio and Television High Council, Energy Market Regulatory Authority, Telecommunications Authority, Turkish Accreditation Authority, National Productivity Center, Presidency of Religious Affairs, metropolitan municipalities, Turkish Municipalities Association as a representative of provincial municipalities, Confederations of workers’ trade unions, confederations of officers’ trade unions, Turkish Confederation of Employer’s Union, Turkish National Cooperatives Association, Turkish Council of High Education, Turkish Bar Association, Union of Chambers of Certified Public Accountants of Turkey, Union of Chambers of Turkish Engineers and Architects, Turkish Union of Pharmacists, Turkish Union of Doctors, Turkish Union of Dentists, Turkish Union of Veterinary Doctors, Turkish Tradesmen and Artisans Confederation, Turkish Union of Chambers and Exchange Commodities, Turkish Union of Banks, Turkish Union of Travel Agents, Turkish Union of Hotel Managers, Union of Turkish Agricultural Chambers, Central Union of Consumption Cooperatives, Ahi-Community Research and Culture Foundation and consumer organizations.
Number and qualifications of representatives of institutions and organizations constituting the Consumer Council and minimum member number which should be owned by consumer organizations in order to participate into the Consumer Council and number of representative who shall be sent to the Consumer Council by these organizations are determined by the Ministry. However, number of representatives, who come from public institutions and organizations, may not be more than fifty percent of total member number of Consumer Council in any manner. Consumer Council meets at least once a year.
Working procedures and principles of Consumer Council and other matters are regulated with a regulation to be enacted by the Ministry.
Arbitration Board for Consumer Problems
Article 22- Ministry is charged to constitute at least one arbitration board for consumer problems in order to find solution for disagreements arisen from the application of this Law in the province and county centers.
Arbitration Board For Consumer Problems, whose presidency is carried out by Provincial Industry and Commerce Director or an officer to be appointed, is composed of five members including one member to be charged from among specialist municipality personnel by the mayor; a member to be charged by the bar association from among its members; a member to be charged by chamber of commerce and industry and chambers of merchant and craftsmen; one member to be selected by the consumer organizations. The member, to be charged by chamber of commerce and industry or chamber of commerce and chambers of merchant and craftsmen in the places where they are established separately, is charged by the relevant chamber according to whether the person who is the seller side of the disagreement is the merchant or tradesman and craftsman or not.
Presidency of Arbitration Board For Consumer Problems is carried out by the greatest civilian authority or an officer to be charged, in the provinces and counties where provincial organization is not available. The consumers are represented by the consumption cooperatives in the places where consumer organization is not available. Empty memberships are filled ex officio by the municipal council in the places where Arbitration Board For Consumer Problems can not be formed.
At least one reporter is charged in order to prepare the files which shall be basis for activities and decisions of the board and to submit the report about the disagreement, in Arbitration Board For Consumer Problems.
In case of the disagreements with value under five hundred million lira, it is obliged to apply for Arbitration Boards For Consumer Problems. In case of these disagreements, resolutions to be made by the board bind the parties. These resolutions are fulfilled according to provisions about fulfillment of verdicts in the Enforcement and Bankruptcy Law. Parties may object against these resolutions to the consumer court within fifteen days. Objection does not cease the enforcement of resolution of Arbitration Boards For Consumer Problems. However, judge may cease the enforcement of resolution of Arbitration Boards For Consumer Problems through cautionary attachment provided that it is demanded. The resolution to be made by consumer court is final upon the objection against Arbitration Board For Consumer Problems.
In case of the disagreements with value in and more than five hundred million lira, resolutions to be made by Arbitration Boards For Consumer Problems may be asserted as evidence in the consumer courts. Monetary limits about that resolutions shall be binding or evidence increase at the rate of annual average price increase occurred in the Wholesale Price Index of State Statistics Institute at the end of October in every year. This situation is announced in the Official Gazette in December every year by the Ministry.
All disagreements other than matters which have been subjected to the pneal sanction in 25th Article are under the scope of duties and authorities of Arbitration Boards For Consumer Problems.
Attendance fee given to Chairman and members of Arbitration Boards For Consumer Problems and reporters or procedures and principles about payment of attendance fee are determined by the Ministry by getting appropriate opinion of Ministry of Finance provided that the amount to be paid in one month does not exceed the amount to be calculated as a result of multiplying 2000 indicator number with coefficient of officer salary.
Establishment of Arbitration Boards For Consumer Problems, working procedures and principles and other matters are regulated in a regulation to be enacted by the Ministry.
FOURTH CHAPTER
Provisions about Judgment and Penalty
Consumer Courts
Article 23- All kinds of disputes to be arisen in connection with application of this Law are handled in the consumer courts. Jurisdiction place of consumer courts is determined by the Supreme Board of Judges and Prosecutors.
Lawsuits to be brought by consumers, consumer organizations and Ministry at the consumer courts are exempt from all kinds of dues and expenditures. Expertise fees are covered from the allowance (**) stipulated in the budget according to 29th Article, in the lawsuits to be brought by the consumer organizations by the Ministry. In the event that lawsuit is concluded against the defendant, expert fee is collected from the defendant according to provisions of 6183 numbered Law on Collection Procedure of Assets and then recorded as revenue (**) into the budget according to the principles regulated in 29th article. Lawsuits to be brought in the consumer courts are carried out according to provisions of Civil Procedures Law, Seventh Chapter, Fourth Part.
Consumer lawsuits may be also brought in the court in the place where the consumer resides.
Ministry and consumer organizations may bring lawsuit in the consumer courts in order to eliminate the situation contrary to the law due to the infringement of this Law in the cases which are not the individual consumer problem and which concern the consumers generally.
When necessary, consumer courts may resolve the cessation of infringement by cautionary attachment. Interlocutory injunctions, which are approved by the Consumer Court, are announced immediately in one of the papers published throughout the country by Press Announcement Institution and also, if any, a local paper published in the place where lawsuit is brought, provided that its expense is collected from the party who loses the lawsuit later and it is recorded as revenue (**) into the budget according to the principles regulated in 29th Article.
Consumer Court resolutions for elimination of the situation contrary to the law are announced immediately with the same method provided that its expense is collected from the defendant.
Cessation of Production, Sale and Product Recall
Article 24- In the event that a series of goods offered for sale is defective, Ministry, consumers or consumer organizations may bring lawsuit in order to cease production and sale of defective serial goods and recalling them from those who hold them for sale purpose.
In the event that it is determined with the court decision that a series of goods offered for sale is defective, sale of the goods is ceased temporarily. Producer-manufacturer and/or importer company is warned in order to eliminate the defect of goods at the latest within three months as of notification date of the court decision. In the event that it is impossible to eliminate the defect of goods, it is recalled or caused to be recalled by producer-manufacturer and/or importer. Recalled goods are destroyed or caused to be destroyed partially or completely according to the risks which they bear.
In the event that a series of goods offered for sale bears any defect which endangers the safety of consumer, provisions of 4703 numbered Law on Preparation and Application of Technical Regulation About Products are reserved.
Consumers who purchase the defective goods, reserve right to bring lawsuit due to material and moral losses which they have incurred.
In the event that a series of goods, which is subject to provisions of sixth paragraph of 4th article, is exposed for sale, provisions of this article are not applied.
False Represented Goods
Article 24/A-
It is prohibited to produce, to market, to import and to export the goods which are represented falsely due to manner, odor, appearance, package, label, volume or dimensions which they have, and therefore, which endanger health and safety of consumers by confusing with the foodstuffs by the consumers although they are not the foodstuffs.
If goods has been placed on the market, provisions of 4703 numbered Law on Preparation and Application of Technical Regulation About Products are applied.
The consumers, who purchase the goods represented falsely, reserve right to bring lawsuit due to material and moral losses which they have incurred.
Penal Provisions (***)
Article 25- Fine in the amount of 50.000.000 lira is applied for each agreement which is determined to be contrary to procedures and principles determined by the Ministry, in accordance with seventh paragraph of 6th article.
Fine in the amount of 100.000.000 lira is applied for those act contrary to obligations stated in the seventh paragraph of 4th article, in 5th article, in the sixth paragraph of 6th article, in 6/A article, in the procedures and principles determined by the Ministry in accordance with 6/B, 6/C, in the fifth paragraph of 7th article, in 9th article, in 9/A article, in 10th article, in 10/A article, in 10/B article, in the second and fourth paragraphs of 11/A article, in 12th, 13th, 14th, 15th and 27th articles.
Fine in the amount of 250.000.000 lira is applied for those acting contrary to obligations stated in the fourth and sixth paragraphs of 7th article and 8th article.
Fine in the amount of 500.000.000 lira is applied for the infringement of procedures and principles determined and announced by the Ministry in accordance with the second paragraph of 20th article. If the infringement has been made by radios and televisions which broadcast throughout the country, ten times of the fine are applied.
Fine in the amount of 1.000.000.000 lira is applied for the producer-manufacturer and importer acting contrary to 18th article; one fifth of this fine is applied for seller-provider.
Fine in the amount of 2.000.000.000 lira is applied for those acting contrary to the first paragraph of 19th article.
Fine in the amount of 5.000.000.000 lira is applied for those acting contrary to 11th article. If the infringement has been made by periodical published throughout the country, twenty times of the fine are applied. Also, Ministry demands periodical institution to cease the campaign and all kinds of advertisements and announcements related to the campaign. In the event that infringement continues despite such demand, fine in the amount of 100.000.000.000 lira is applied for each number-day as of the date when advertisemetn and announcement cessation obligation is arisen. Ministry applies to the Consumer Court with the demand of ceasing the campaign and all kinds of advertisements and announcements related to the campaign.
Cessation with cautionary attachment, and/or cessation until three months and/or correction and/or fine in the amount of 3.500.000.000 lira are applied for those acting contrary to 16th article. Board of Advertisement may impose these penalties jointly or separately according to the qualification of infringement. If infringement of 16th article has been made by written, oral, visual and other means broadcasting throughout the country, fine is applied as ten times.
Fine at the rate of invoice value of the goods or service which is the subject matter of campaign is applied for those acting contrary to seventh and eighth paragraphs of 7th article. If organizer of campaign returns the money when he/she departs from the campaign, this fine is not applied.
One week period is given to those acting contrary to second paragraph of 7th article for campaign organizations in compliance with provisions of 7th article. In the event that it is determined that infringement continues at the end of this period, fine in the amount of 50.000.000.000 lira is applied for those acting contrary to this provision and those acting contrary to obligations stated in 24 and 24/A articles.
Fines stated in the above paragraphs are applied as twice in case action repeats within one year. Fines are increased in accordance with provisions of 765 numbered Turkish Criminal Law, additional 2nd article at the beginning of every year.
If fine has been stipulated about the actions mentioned in this Law, also in the other laws, severe penalty is applied.
Authority, Objection and Term of Limitations in the Penalties
Article 26- Penalties in the first, fourth, seventh, eighth, ninth and tenth paragraphs of 25th article are applied by the Ministry; penalties in the other paragraphs are applied by the civilian authority in that place.
All kinds of fines regulated in this Law are administrative. It may be objected to these fines in the authorized administrative court at the latest within seven days as of notification date. The objection does not cease fulfillment of fine imposed by the administration, and when it is not deemed necessary, it is concluded as soon as possible by making inspection on the document. Resolutions made by the administrative court upon objection are final.
Fines imposed according to 25th article are collected according to provisions of Law on Collection Procedure of Assets.
Term of limitations for the fine related to imposing administrative fines regulated in this Law is one year. Term of limitations starts on the date when action contrary to provisions of this Law is committed.
If there are continuous or repeated infringements, period starts as of the date when the infringement terminates or is repeated lastly. The fact that it has been applied for judicial remedy against the resolution deducts term of limitations for collection.
Penalties are notified to the occupational organization to which related person is connected, within seven days by the competent authority for imposing the penalty.
FIFTH CHAPTER
Miscellaneous Provisions
Inspection
Article 27- Ministry inspectors and controllers and personnel to be charged by Ministry and municipalities are authorized to make audit, inspection and research in the places where all kinds of goods are placed and/or sold or service is provided such as factory, store, shop, firm, depot, storehouse, in the application of this Law.
It is obliged to show all kinds of information and documents correctly and to provide original and approved copies to authorized and charged persons and institutions about the matters under the scope of this Law.
Laboratory
Article 28- Ministry can benefit from the established laboratories of public and private institutions for application of this Law, except analyses of drug, preparation, cosmeyic and foodstuffs.
Tests and examinations of samples taken during the inspections performed by the Ministry may be made by laboratories of public or private institutions. Test and examination fees are covered from the allowance in 29th article (**). In the event that test and examination results are determined as contrary to related standard or technical regulation, all expenses related to this are paid by producer or importer. These expenses are collected according to provisions of 6183 numbered Law on Collection Procedure of Assets. Collected test and examination fees are recorded as revenue (**) into the budget according to the principles regulated in 29th article.
Allowance
Article 29- (**) Expenses related to activities of Board of Advertisement, Consumer council and Arbitration Board For Consumer Problems, expenses of Ministry for the purpose of protection of consumer and other expenditures and additional payments to be made to the personnel in the amounts with procedures and principles to be determined by Ministry of Industry and Commerce upon appropriate opinion of Ministry of Finance provided that it does not exceed 200 % of the highest salary of Public officer (including additional indicator), are covered from the allowance to be placed into the budget of Ministry.
Provisions about salaries in 657 numbered Law are applied for additional payments to be made to the personnel (including the contract personnel) and any tax and deduction is not made from these payments except stamp duty.
Other Provisions
Article 30- General provisions are applied for the cases which do not have provision in this Law.
Regulations and Arrangements
Article 31- The regulations stipulated in this Law are enacted by the Ministry by getting opinions of relevant public institutions, occupational supreme institutions and consumer organizations within one year as of publication date of the Law. Ministry is entitled to take necessary precautions within the frame of legislation in connection with the application of this Law and to make arrangements.
Abrogated Provisions
Article 32- 3489 numbered Law on Obligation of Sale without Bargaining, 632 numbered Law on Sale of Means of Transportation, Engine, Machine, Tools and Devices, Imported or Manufactured in the Domestic, with the Prospectus, 3003 numbered Law on Control and Determination of Costs and Sales Prices of Industrial Products were abrogated.
Interim Article 1- Until consumer courts shall be established, the Supreme Board of Judges and Prosecutors determines the courts which shall hear the lawsuits which should be heard in these courts.
Interim Article 2- Credit card debts which come to the stage of execution proceedings without payment due to the default of debtor before publication of this Law or become the subject matter of execution proceedings, are paid in twelve equal installments by applying default interest to the principal in the default date, provided that it does not exceed fifty percent annually.
All kinds of proceedings performed due to the credit card debts cease with payment of first installment according to the above provision and it is removed with all its results with payment of last installment.
Provisions of this article are applied provided that consumer applies to the creditor in writing within thirty days as of publication date of the Law.
Enforcement
Article 33- 29th article and interim 2nd article of this Law enter into force in the publication date; its other articles enter into force after three months as of the publication date.
Execution Article 34- Council of Ministers executes the provisions of this Law.
(*) It has been amended according to the provisions of 34th article of 5179 numbered Law published in 05.06.2004 dated and 25483 numbered Official Gazette.
(**) It has been amended according to the provisions of 7th article of 5217 umbered Law published in 23.07.2004 dated and 25531 numbered Official Gazette.
(***) It has been amended according to the provisions of 21st, 22nd, 23rd, 24th and 25th articles of 5582 numbered Law published in 06.03.2007 dated and 26454 numbered Official Gazette.
(****) (f) paragraph of 10th article of 4077 numbered Law shall not be applied for the disagreements related to the credit cards hereinafter in accordance with 26th article of 5464 numbered Law published in 01.03.2006 dated and 26095 numbered Official Gazette. Republic of Turkey Central Bank is entitled to determine maximum contractual and default interest rates and shall state such determined rates quarterly. Contractual and default interest rates to be applied to the credit cards by the banks may not exceed the interest rates stated by Republic of Turkey Central Bank.
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