Consumer Law

AMENDED BY LAW NO. 4822
CONSUMER PROTECTION LAW

PART ONE
Purpose, Scope, Definitions

Aim
Article 1 - The purpose of this Law is to take measures to protect the health and safety and economic interests of consumers, to inform, educate, compensate for their losses, and to protect them from environmental hazards in accordance with the public interest, and to encourage consumers to take self-protective initiatives and to regulate matters related to encouraging voluntary organizations in the formation of policies in this regard.

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

Definitions
Article 3 - In the implementation of this Law;

a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods subject to exchange, real estate for residential and holiday purposes, and software, sound, images and similar intangible goods prepared for use in electronic media,
d) Service: Any activity other than providing goods in return for a fee or benefit,
e) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
f) Seller: Natural or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities,
g) Provider: Natural or legal persons, including public legal entities, who provide services to consumers within the scope of their commercial or professional activities,
h) Consumer transaction: Any legal transaction between the consumer and the seller-provider in the goods or services markets,
i) Manufacturer-Producer: Those who produce goods or services or raw materials or intermediate goods of these goods or services offered to consumers, including public legal entities, and those who put their own distinctive sign, trademark or title on the goods and offer them for sale,
j) Importer: A natural or legal person, including public legal entities, who brings goods or services or raw materials or intermediate goods of these goods or services from abroad and offers them for sale to consumers.
k) Lender: Banks, private finance institutions and financing companies that are authorized to provide cash loans to consumers in accordance with their legislation,
l) Advertiser: A natural or legal person who publishes, distributes or otherwise exhibits advertisements containing the brand of his/her company or goods/services in order to promote the goods/services he/she produces or markets, to increase sales or to create and strengthen his/her image.
m) Advertiser: A commercial communication expert, real or legal person, who prepares commercial advertisements and announcements in line with the advertiser's needs and mediates their publication on behalf of the advertiser.
n) Media organization: A natural or legal person who owns, operates or rents communication channels or any means that delivers commercial advertisements or announcements to the target audience.
o) Technical regulation: All kinds of regulations that must be complied with, including standards published in the Official Gazette by the relevant Ministry and put into practice compulsorily, specifying one or more of the characteristics, processing and production methods, related terminology, symbols, packaging, marking, labeling and conformity assessment processes of a product or service, including the relevant administrative provisions.
p) Consumer organisations: Associations, foundations or their parent organisations established for the purpose of consumer protection.

PART TWO
Consumer Protection and Enlightenment

Defective goods

Article 4 - Goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, promotional and user manual or in advertisements and announcements or declared by the seller or determined in their standards or technical regulations, or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of their allocation or purpose of use, are considered defective goods.

The consumer is obligated to notify the seller of any defects within thirty days of the date of delivery. In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free equivalent, to receive a discount commensurate with the defect, or to request a free repair. The seller is obligated to fulfill the consumer's request. In addition to exercising one of these options, the consumer also has the right to seek compensation from the manufacturer for death and/or personal injury caused by the defective product and/or damage to other goods in use.

The manufacturer, seller, dealer, agent, importer, and, pursuant to the fifth paragraph of Article 10, the creditor are jointly and severally liable for defective goods and the consumer's optional rights stipulated in this article. If more than one person is responsible for damage caused by defective goods, they are jointly and severally liable. Unawareness of the defective nature of the goods sold does not eliminate this liability.

If those held liable for defects under this article have not assumed liability for the defect for a longer period, liability for defective goods is subject to a two-year statute of limitations from the date the goods are delivered to the consumer, even if the defect is discovered later. This period is five years for residential and vacation properties. Claims for any damage caused by defective goods are subject to a three-year statute of limitations. These claims expire ten years after the day the goods causing the damage were placed on the market. However, if the defect in the goods sold was concealed from the consumer through gross negligence or fraud on the part of the seller, the statute of limitations cannot be used.

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

The manufacturer or seller is required to place a label on the defective product or its packaging, clearly legible to the consumer, stating "defective." This label is not required in locations where only defective products are sold or where a section, such as a floor or section, is regularly dedicated to the sale of defective products, readily apparent to the consumer. The defective nature of the product must be documented on the invoice, receipt, or sales document provided to the consumer.

Unsafe products cannot be placed on the market, even with a defective label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.

These provisions also apply to all consumer transactions related to the sale of goods.

Defective service

Article 4/A - Services that are contrary to the quality or quantity affecting the quality determined in the advertisements and announcements or standards or technical rules declared by the provider or that contain material, legal or economic deficiencies that reduce or eliminate their value in terms of use or the benefits expected from them by the consumer are considered defective services.

The consumer is obligated to notify the provider of the defect within thirty days of the date the service was performed. In this case, the consumer has the right to withdraw from the contract, have the service performed again, or receive a discount in proportion to the defect. If the consumer's termination of the contract is not justified by the circumstances, a discount on the price will be sufficient. Along with one of these optional rights, the consumer may also request compensation under the conditions set forth in Article 4. The provider is obligated to fulfill this request chosen by the consumer.

The provider, dealer, agent, and, pursuant to the fifth paragraph of Article 10, the creditor are jointly and severally liable for defective service, any damages resulting from such defective service, and for the consumer's optional rights stipulated in this article. Unawareness that the service provided is defective does not absolve them of this liability.

If no longer warranty is provided, claims for defective service, even if the defect is discovered later, are subject to a two-year statute of limitations from the date of the service. Claims for any damage caused by the defective service are subject to a three-year statute of limitations. However, if the defect in the service provided was concealed from the consumer through the provider's gross negligence or fraud, the statute of limitations is not applicable.

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

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

Avoid selling

Article 5 - If a product that does not have the words "sample" or "not for sale" on it is displayed in a showcase, on a shelf or in any clearly visible place of a commercial establishment, the seller cannot refrain from selling these goods.

It is not possible to avoid providing services without a justified reason.

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

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

Unfair terms in contracts

Article 6 - Contract terms that are unilaterally introduced into the contract by the seller or provider without negotiation with the consumer and that cause an imbalance in the rights and obligations of the parties arising from the contract, to the detriment of the consumer, in a manner contrary to the principle of good faith, are unfair terms.

Unfair terms included in any contract where the consumer is one of the parties are not binding on the consumer.

If a contract term has been prepared in advance and the consumer cannot influence its content, especially because it is included in the standard contract, it is deemed that the contract term has not been negotiated with the consumer.

If the contract is evaluated as a whole and it is concluded that it is a standard contract, the fact that certain elements of a condition or an individual provision in this contract have been negotiated does not prevent the application of this clause to the remaining part of the contract.

If a seller or supplier claims that a standard term has been discussed individually, the burden of proof is on them.

Consumer contracts, as stipulated in Articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A, and 11/A, must be drafted in bold type and at least twelve-point font. If one or more of the required terms are missing from the contract, the omission will not affect its validity. This omission must be promptly remedied by the seller or provider.

The Ministry determines the procedures and principles for identifying unfair terms in standard contracts and ensuring their removal from the contract text.

Installment sales

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

An installment sales contract must be in writing. The minimum terms and conditions required for the contract are listed below:

a) Name, title, full address and contact information, if any, of the consumer and the seller or provider,
b) Cash sales price of the goods or services in Turkish Lira, including taxes,
c) Total sales price in Turkish Lira to be paid with interest according to maturity,
d) The interest amount, the annual rate at which the interest is calculated, and the default interest rate, which shall not exceed thirty percent of the interest rate specified in the contract.
e) Down payment amount,
f) Payment plan,
g) Legal consequences of the debtor's default.

The seller or provider is obligated to ensure that this information is included in the contract and to provide the consumer with a copy of the contract. If a promissory note is to be issued separately from the contract, it must be issued separately for each installment payment and in registered form only. Otherwise, the bill of exchange is invalid.

In installment sales, the consumer has the right to prepay the total amount owed. The consumer may also pay one or more installments, provided that the installment amount is not less than one. In either case, the seller is obligated to provide any necessary interest reduction based on the amount paid.

If the seller or provider reserves the right to demand payment of the entire outstanding debt in the event of non-payment of one or more installments, this right may only be exercised if the seller or provider has fulfilled all obligations, the consumer is in default on at least two consecutive installments, and the total of the unpaid installments is at least one-tenth of the purchase price. However, the seller or provider must provide at least a one-week notice of maturity to exercise this right.

The terms of the contract cannot be changed in any way to the detriment of the consumer.

Timeshare

Article 6/B - Timeshare contracts are written contracts or groups of contracts that are made for a period of at least three years and include the transfer or commitment to transfer the right to use one or more real estate properties for a specific or definable period of not less than one week during the year, and a copy of which must be given to the consumer.

The Ministry determines the procedures and principles regarding timeshare contracts.

Package tour

Article 6/C - Package tour contracts are pre-arranged written contracts in which at least two of the services, including transportation, accommodation and other tourist services that are not considered auxiliary to these, are sold or promised to be sold at an all-inclusive price, and the service covers a period longer than twenty-four hours or includes overnight accommodation, and a copy of which must be given to the consumer.

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

Promotional sales

Article 7 - Campaign sales are sales made by accepting the consumer as a participant in campaigns organized by announcing them through newspaper, radio, television advertisements and similar means, and by delivering or performing the goods or services later.

Promotional sales are conducted with the Ministry's permission. The Ministry determines the types of sales subject to authorization, including down payment, installment amounts, delivery times, manufacturer's guarantees, deposits, and the procedures and principles to be followed in promotional sales.

In case the delivery or performance of the advertised and promised goods or services is not done at all or not done properly, the seller, provider, dealer, agent, manufacturer-producer, importer and the creditor according to the fifth paragraph of Article 10 are jointly and severally liable.

Once the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay the entire amount paid by the consumer up to that point, provided that the delivery date of the goods or services to the consumer is not exceeded.

The organizer of the campaign must provide the consumer with a copy of the written contract to be drawn up for promotional sales, which includes information regarding the "campaign end date" and the "date and method of delivery or fulfillment of the goods or services" in addition to the information specified in the second paragraph of Article 6/A.

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

For promotional sales, the delivery period for goods or service cannot exceed twelve months. For residential and vacation properties, this period is thirty months.

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

The provisions of article 6/A also apply to promotional installment sales.

Door-to-door sales

Article 8 - Door-to-door sales are sales made outside of sales venues such as workplaces, fairs, and trade fairs.

The Ministry determines the qualifications required for those who will sell door-to-door, door-to-door sales that are and are not subject to this Law, and the application procedures and principles regarding door-to-door sales.

In these types of sales, the consumer is free to accept or reject the goods within seven days of receipt, without giving any justification or assuming any obligation. For the sale of services, this period begins on the date the contract is signed. Before this period expires, the seller or provider cannot require the consumer to pay under any name or provide any document that would impose a debt for the goods or services subject to the door-to-door sales transaction. The seller is obligated to take back the goods within twenty days of receiving the notice of withdrawal.

The consumer is not responsible for changes or deterioration of the goods due to ordinary use.

The provisions of Article 6/A shall apply separately to door-to-door sales made in installments, and the provisions of Article 7 shall apply separately to door-to-door sales made through campaigns.

Liability of the seller and the provider in door-to-door sales

Article 9 - Door-to-door sales contracts must include, in addition to other elements required in the contract, descriptive information regarding the quality and quantity of the goods or services, the full address to which the notice of withdrawal will be sent, and the following phrase, written in bold letters and at least sixteen points:

We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the notice of withdrawal reaches the seller/provider.

The consumer signs the contract, which includes their rights, and dates it in their own handwriting. The seller or supplier is obligated to ensure this information is included in the contract and to provide the consumer with a copy of the contract.

The burden of proof that a contract has been concluded in accordance with the provisions of this article and that the goods have been delivered to the consumer rests with the seller or supplier. Otherwise, the consumer is not bound by the seven-day period within which to exercise the right of withdrawal.

Distance contracts

Article 9/A - Distance contracts are contracts made in written, visual, telephone and electronic media or using other means of communication and without confronting the consumer, and in which it is agreed that the goods or services will be delivered or performed to the consumer immediately or later.

Before concluding a distance selling contract, the consumer must be provided with the information detailed in a communiqué to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that they have received this information. For contracts concluded electronically, the confirmation process is also conducted electronically.

The seller and supplier shall fulfill their obligations within thirty days from the date of receipt of the consumer's order. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing in advance.

The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer electronically were delivered without defects.

The provisions regarding door-to-door sales also apply to distance contracts, except for the provisions that state that the consumer cannot be asked to make payments under any name or provide any document that would impose a debt in return for the goods or services that are the subject of the contract during the period of the right of withdrawal.

The seller or provider is obliged to return the amount received, the valuable documents and any document that puts the consumer in debt due to this legal transaction within ten days from the date on which the notice of withdrawal is received, and to take back the goods within twenty days.

Consumer loans

Article 10 - Consumer credit is a cash loan obtained from a creditor by consumers to acquire goods or services. The consumer credit agreement must be in writing, and a copy must be given to the consumer. The terms of the agreement between the parties cannot be changed to the detriment of the consumer during the term of the agreement.

In the contract;

a) Consumer loan amount,
b) Total debt amount including interest and other elements,
c) The annual rate at which the interest is calculated,
d) Payment plan in which payment dates, principal, interest, funds and other expenses are specified separately,
e) Guarantees to be requested,
f) Delay interest rate not to exceed thirty percent of the contractual interest rate,
g) Legal consequences of the debtor's default,
h) Conditions for closing the loan before maturity,
i) If the loan is used in a foreign currency, the conditions regarding the date on which the exchange rate will be taken into account in calculating the repayment installments and the total loan amount,

takes place.

If the lender reserves the right to demand payment of the entire outstanding debt in the event of non-payment of one or more installments, this right may only be exercised if the lender has fulfilled all obligations and the consumer is in default on at least two consecutive installments. However, the lender must provide at least one week's notice of default before exercising this right. In cases where a personal guarantee is provided as collateral for a consumer loan, the lender cannot demand payment of the debt from the guarantor without first contacting the principal debtor.

The consumer may prepay the total amount owed to the lender, or they may make one or more unpaid installments at the same time. In either case, the lender is obligated to provide the necessary interest and commission deductions based on the amount paid. The Ministry determines the procedures and principles for the rate at which the necessary interest and commission deductions will be made based on the amount paid.

If the creditor grants consumer credit on the condition that a certain brand of goods or services are purchased or a sales contract is made with a certain seller or provider, the creditor will be jointly and severally liable to the consumer, together with the seller or provider, if the goods or services sold are not delivered or performed at all or on time.

The lender is prohibited from tying payments to a negotiable instrument or securing the loan by accepting a negotiable instrument. If a negotiable instrument is received from the consumer despite this prohibition, the consumer has the right to demand the return of the instrument from the lender. Furthermore, the lender is obligated to compensate the consumer for any losses incurred as a result of the endorsement of the negotiable instrument.

Credit cards

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

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

The lender must notify the consumer of any interest rate increase thirty days in advance. The interest rate increase cannot be applied retroactively. The consumer will not be affected by the interest rate increase if they pay off the entire debt and discontinue their use of the loan within sixty days of the date of notification.

In cases where goods or services are purchased by credit card, the seller or provider cannot ask the consumer to make additional payments under the name of commission or something similar.

Periodicals

Article 11 - In cases where periodical publishing organizations undertake to provide a second product and/or service outside of a periodical publication, regardless of the purpose or form, through tickets, coupons, membership numbers, games, raffles, or similar means, no goods or services can be promised or distributed other than cultural products that do not conflict with the purposes of periodical publication, such as books, magazines, encyclopedias, banners, flags, posters, or audio or video magnetic tapes or optical discs. If a campaign is organized for this purpose, the duration of the campaign cannot exceed sixty days. The consumer cannot be asked to cover a portion of the cost of the goods or services covered by the campaign.

The periodical publishing organization is obliged to announce the delivery and performance schedule of the goods or services subject to the campaign throughout Turkey in its advertisements and announcements related to the campaign and to deliver and perform the goods or services subject to the campaign within thirty days from the end of the campaign.

During the campaign, the periodical's sales price cannot be increased due to the increased cost of the goods or services promised as secondary products. The promise and distribution of goods or services covered by the campaign cannot be divided, nor can integral or complementary parts of such goods or services be separated into separate campaigns. In the application of this Law, transactions related to each good or service promised as secondary products are considered independent campaigns.

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

Subscription agreements

Article 11/A - Consumers who are parties to any subscription agreement may terminate their subscriptions unilaterally, provided that they notify the seller of their wishes in writing.

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

A request to terminate a periodical subscription will take effect fifteen days for daily publications, one month for weekly publications, and three months for monthly publications from the date the written notification is received by the seller. For longer-term publications, it will take effect following the first publication after the notification.

The seller is obliged to refund the remaining portion of the subscription fee within fifteen days without any deductions.

Price tag

Article 12 - It is mandatory to put labels on the goods offered for retail sale or on their packages or containers in an easily visible and readable manner, including all taxes related to that good, the place of production and its distinguishing features. In cases where it is not possible to put labels, lists containing the same information must be hung in suitable places in a visible manner.

Lists showing the tariffs and prices of the services are also arranged and posted in accordance with the first paragraph.

In case there is a difference between the price stated on the label, price and tariff lists and the case price, the sale is made at the price that is more favorable to the consumer.

It is prohibited to offer goods or services, the prices of which are determined by the Council of Ministers, public institutions and organizations or professional organizations with public institution status, for sale at a price higher than this price.

The Ministry shall regulate the form, content, procedures, and principles of labeling and tariff lists through a regulation. The Ministry and municipalities are each responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.

Warranty certificate

Article 13 - Manufacturers or importers are required to issue a Ministry-approved warranty certificate for the industrial goods they import or produce. The seller, dealer, or agent is responsible for completing the warranty certificate, which includes the date and number of the invoice for the product, and providing it to the consumer. The warranty period begins on the date of delivery of the product and is at least two years. However, due to the nature of some goods, the Ministry may define the warranty terms in a different unit of measurement.

In case of malfunction of the goods covered by the warranty certificate during the warranty period, the seller is obliged to repair the goods without demanding any fee including labor cost, replacement part cost or any other fee.

If the consumer has exercised their right to repair, they may exercise their other optional rights stipulated in Article 4 if the product continues to malfunction due to frequent malfunctions during the warranty period, if the maximum repair time has been exceeded, or if repair is deemed impossible. The seller cannot refuse this request. If the consumer's request is not met, the seller, dealer, agent, manufacturer, and importer are jointly and severally liable.

Malfunctions resulting from the consumer's use of the product contrary to the matters stated in the user manual are outside the scope of the provisions of the second and third paragraphs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum time required for the repair of malfunctions of these goods, in consultation with the Turkish Standards Institute.

Introduction and user manual

Article 14 - It is mandatory for domestically produced or imported industrial goods to be sold with a Turkish manual regarding their promotion, use, maintenance and simple repair and, when necessary, with a label containing international symbols and signs.

The Ministry is responsible for determining and announcing which industrial goods must be sold with a promotional and user manual and label, and the minimum elements they must contain, after consulting the Turkish Standards Institute.

After-sales services

Article 15 - Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, by keeping sufficient technical personnel and spare parts stock, for the duration of the lifespan of the goods determined and declared by the Ministry.

The amount of spare parts stock that manufacturers or importers must keep is determined by the Ministry.

In case the importer ceases its commercial activities in any way, the new importer of that product must provide maintenance and repair services for the duration of its useful life.

The Ministry is responsible for determining and announcing the goods for which service stations must be established and the procedures and principles regarding the establishment and operation of service stations, after consulting the Turkish Standards Institute.

In case an industrial product that has to be sold with a warranty certificate malfunctions after the warranty period, that product must be repaired within the maximum repair period determined by the Ministry.

Commercial advertising and announcements

Article 16 - It is essential that commercial advertisements and announcements comply with the law, the principles determined by the Advertising Board, general morality, public order, personal rights, and are honest and accurate.

Advertisements and announcements that deceive or mislead consumers or exploit their lack of experience and knowledge, endanger the life and property of consumers, encourage acts of violence and crime, harm public health, or exploit patients, the elderly, children and disabled people, and covert advertising cannot be made.

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

The advertiser is responsible for proving the concrete claims contained in the commercial advertisement or announcement.

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

Advertising Board

Article 17 - An Advertising Board shall be established to determine the principles to be followed in commercial advertising and announcements, to examine commercial advertising and announcements within the framework of these principles, and, based on the results of the examination, to impose a preventive suspension for up to three months and/or to suspend advertisements and announcements that violate the provisions of Article 16, and/or to correct them using the same method and/or to impose a monetary fine. The decisions of the Advertising Board shall be implemented by the Ministry.

In determining the principles to be followed in commercial advertisements and announcements, the Advertising Board takes into account the universally accepted definitions and rules in the field of advertising, as well as country conditions.

The Advertising Board, chaired by the relevant General Director to be appointed by the Minister;

a) One member to be appointed by the Ministry from among the relevant Deputy General Directors,
b) One member to be appointed by the Ministry of Justice from among the judges working in administrative positions in this Ministry,
c) A member who is an expert in advertising to be appointed by the Turkish Radio and Television Corporation,
d) One member to be selected by the Council of Higher Education from among university faculty members who are experts in the field of advertising,
e) One physician member to be appointed by the Central Council of the Turkish Medical Association,
f) A lawyer member to be appointed by the Union of Turkish Bar Associations,
g) Four members to be appointed by the Union of Chambers and Commodity Exchanges of Turkey from different sectors,
h) One member to be elected from among all journalist associations in Turkey,
i) A member elected by the advertisers' associations or their parent organizations, if any,
j) One member to be elected by the Consumer Council from among the representatives of consumer organisations participating in the Council or to be appointed by their higher organisations,
k) A member to be appointed by the Union of Chambers of Agriculture of Turkey,
l) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,
m) One member from the Turkish Standards Institution,
n) One member from the Presidency of Religious Affairs,
o) One member from the Union of Chambers of Turkish Engineers and Architects,
p) One member from the labor union confederations,
r) One member from the confederation of civil servant unions,
s) A member to be appointed by the Union of Chambers of Certified Public Accountants and Sworn-in Certified Public Accountants of Turkey,
t) One member to be elected from among the Ankara, Istanbul and Izmir Metropolitan Municipalities,
u) One member from the Turkish Pharmacists Association,
v) One member from the Turkish Dental Association,

It consists of twenty-five members, including:

Board members serve three years. Those whose terms have expired may be reappointed or re-elected. If a seat becomes vacant for any reason, an appointment or election will be held within one month, in accordance with the principles outlined in the third paragraph.

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

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

The Board may establish special specialized commissions to serve on a permanent or temporary basis as deemed necessary. Public personnel deemed appropriate by the Board to serve on these commissions shall be assigned by the relevant public institutions.

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

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

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

The duties of the Advertising Board, its establishment, working procedures and principles, and how secretarial services will be performed are determined by a regulation to be issued by the Ministry.

Dangerous goods and services

Article 18 - If the goods and services offered to the consumer may be harmful or hazardous to the physical and mental health of the person or the environment, explanatory information and warnings regarding this situation shall be placed or written on the goods or in the attached user manuals in a clearly visible and legible manner in order to ensure safe use of these goods.

The Ministry is responsible for determining and announcing, together with the relevant ministry and other organizations, which goods or services must carry explanatory information and warnings and the form and location of this information and warnings.

Goods and services

Article 19 - Goods and services offered to consumers must comply with the mandatory technical regulations, including the standards published in the Official Gazette by the relevant ministries and put into practice.

The relevant ministries are responsible for conducting or commissioning inspections in accordance with these principles. The procedures and principles regarding goods and services inspections are determined and announced separately by each relevant ministry.

Consumer education

Article 20 - The Ministry of National Education shall make necessary additions to the curriculum of formal and non-formal education institutions regarding the education of consumers.

The procedures and principles regarding the organization of programs on radio and television for the education and awareness of consumers are determined and announced by the Ministry upon the recommendation of the Consumer Council.

PART THREE

Consumer Organizations

Consumer Council

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

The Consumer Council is chaired by the Minister or a Ministry official assigned by him/her, and comprises representatives from the Ministries of Justice, Interior, Finance, National Education, Health, Transportation, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, as well as the Undersecretariat of the State Planning Organization, the Undersecretariat of the Treasury, the Undersecretariat of Foreign Trade, the Turkish Patent Institute, the State Institute of Statistics, the Turkish Standards Institute, the Competition Authority, the Radio and Television Supreme Council, the Energy Market Regulatory Authority, the Telecommunications Authority, the Turkish Accreditation Agency, the National Productivity Center, the Presidency of Religious Affairs, metropolitan municipalities, the Union of Turkish Municipalities representing provincial municipalities, labor union confederations, civil servant union confederations, the Turkish Confederation of Employer Associations, the Turkish National Cooperative Union, the Council of Higher Education, the Union of Turkish Bar Associations, the Union of Chambers of Certified Public Accountants and Sworn-in Certified Public Accountants of Turkey, the Union of Chambers of Turkish Engineers and Architects, the Turkish Pharmacists Association, and Turkish Physicians. The Union consists of representatives from the Turkish Dental Association, the Turkish Veterinary Association, the Confederation of Turkish Tradesmen and Craftsmen, the Union of Chambers and Commodity Exchanges of Turkey, the Banks Association of Turkey, the Travel Agencies Association of Turkey, the Hoteliers Association of Turkey, the Union of Chambers of Agriculture of Turkey, the Central Union of Consumer Cooperatives, the Ahilik Research and Culture Foundation and consumer organizations.

The Ministry determines the number and qualifications of representatives from the institutions and organizations that comprise the Consumer Council, the minimum number of members required for consumer organizations to participate in the Consumer Council, and the number of representatives these organizations will send to the Consumer Council. However, the number of representatives from public institutions and organizations cannot exceed fifty percent of the total number of Consumer Council members. The Consumer Council meets at least once a year.

The working procedures and principles of the Consumer Council and other matters are regulated by a regulation to be issued by the Ministry.

Arbitration committee for consumer problems

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

The consumer issues arbitration committee, chaired by the Provincial Director of Industry and Trade or an official designated by the Provincial Director, shall consist of five members, including the chairperson: one member appointed by the mayor from among municipal personnel who are experts in the field; one member appointed by the bar association; one member appointed by the chamber of commerce and industry and the chambers of tradesmen and craftsmen; and one member elected by consumer organizations. The member appointed by the chamber of commerce and industry, or by the chamber of commerce and the chambers of tradesmen and craftsmen where these are established separately, shall be appointed by the relevant chamber, depending on whether the seller in the dispute is a merchant or a tradesmen and craftsman.

In provinces and districts where the Ministry does not have a provincial organization, the consumer issues arbitration board is chaired by the highest-ranking civil servant or an official designated by the public official. In areas where there are no consumer organizations, consumers are represented by consumer cooperatives. In areas where a consumer issues arbitration board cannot be established, vacancies are filled ex officio by municipal councils.

At least one rapporteur is appointed in consumer problems arbitration committees to prepare the files that will form the basis of the committee's work and decisions and to submit a report on the dispute.

Application to the consumer arbitration committee is mandatory for disputes valued under five hundred million Turkish Lira. In these disputes, the decisions of the committee are binding on the parties. These decisions are enforced in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the enforcement of judgments. Parties may appeal these decisions to the consumer court within fifteen days. An objection does not stay the enforcement of the consumer arbitration committee's decision. However, upon request, the judge may suspend the enforcement of the consumer arbitration committee's decision by issuing an injunction. The consumer court's decision on an appeal against a consumer arbitration committee's decision is final.

In disputes valued at five hundred million Turkish Lira or more, decisions rendered by consumer arbitration committees may be used as evidence in consumer courts. The monetary limits for binding or evidentiary decisions increase by the annual average price increase in the State Institute of Statistics' Wholesale Price Index at the end of October each year. This is announced by the Ministry in the Official Gazette each December.

All disputes, except for those subject to criminal sanctions in Article 25, are within the scope of the duties and powers of the consumer problems arbitration committees.

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

The establishment of consumer problems arbitration committees, their working procedures and principles and other matters are regulated in a regulation to be issued by the Ministry.

PART FOUR

Provisions Regarding Trial and Punishment

Consumer courts

Article 23 - All disputes arising from the implementation of this Law shall be heard in consumer courts. The jurisdiction of consumer courts shall be determined by the High Council of Judges and Prosecutors.

Lawsuits filed in consumer courts by consumers, consumer organizations, and the Ministry are exempt from all fees and charges. In lawsuits filed by consumer organizations, expert fees are covered by the Ministry from the special appropriation recorded in accordance with Article 29. If the lawsuit is concluded against the defendant, the expert fee will be collected from the defendant in accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables and recorded as special revenue in the budget in accordance with the principles set forth in Article 29. Cases heard in consumer courts are conducted in accordance with the provisions of Chapter Four of the Code of Civil Procedure.

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

The Ministry and consumer organisations may file a lawsuit in consumer courts to eliminate the unlawful situation due to the violation of this Law in cases that are not individual consumer problems but concern consumers in general.

If necessary, consumer courts may order the suspension of the violation as a precautionary measure. Any injunction deemed appropriate by the Consumer Court shall be immediately published by the Press Advertisement Agency in a nationally published newspaper, and also, if available, in a local newspaper published in the jurisdiction where the lawsuit is filed. The costs shall be collected from the party later found to be at fault and shall be recorded as a special revenue item in the budget in accordance with the principles set forth in Article 29.

Consumer Court decisions to eliminate the unlawful situation are announced immediately by the same method, with the costs being collected from the defendant.

Stopping production and sales and recalling goods

Article 24 - If a series of goods offered for sale is defective, the Ministry, consumers or consumer organisations may file a lawsuit to stop the production and sale of the defective series goods and to collect them from those who hold them for sale.

If a series of goods offered for sale is found to be defective by a court order, the sale of the goods will be temporarily suspended. The manufacturer and/or importer will be notified within three months of the court order to rectify the defect. If rectification of the defect is impossible, the manufacturer and/or importer will recall the goods or have them recalled. Depending on the risks involved, the recalled goods will be partially or completely destroyed.

If a series of goods offered for sale has a defect that endangers the safety of the consumer, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are reserved.

Consumers who purchase defective goods reserve the right to file a lawsuit for material and moral damages they suffer.

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

Goods that appear different than they are

Article 24/A - It is prohibited to produce, market, import and export goods that, although they are not food products, appear different from what they are due to their shape, smell, appearance, packaging, label, volume or size and therefore can be confused with food products by consumers and thus endanger the health and safety of consumers.

If the product has been placed on the market, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products shall apply.

Consumers who purchase goods that appear different from what they are reserve the right to file a lawsuit for material and moral damages they suffer.

Penalties

Article 25- In accordance with the seventh paragraph of Article 6, a fine of 50,000,000 Turkish Lira shall be imposed for each contract found to be in violation of the procedures and principles determined by the Ministry.

A fine of 100,000,000 Turkish Lira shall be imposed on those who act contrary to the procedures and principles determined by the Ministry in accordance with the seventh paragraph of Article 4, Article 5, the sixth paragraph of Article 6, Article 6/A, Articles 6/B, 6/C, the fifth paragraph of Article 7, Article 9, Article 9/A, Article 10, Article 10/A, the second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14, 15 and 27.

A fine of 250,000,000 lira shall be imposed on those who act contrary to the obligations specified in the fourth and sixth paragraphs of Article 7 and Article 8.

A fine of 500,000,000 Turkish Lira shall be imposed for non-compliance with the procedures and principles established and announced by the Ministry pursuant to the second paragraph of Article 20. If the non-compliance is committed by radio and television broadcasting nationwide, ten times the fine shall be applied.

Producers and importers who act contrary to Article 18 will be subject to a fine of 1,000,000,000 Turkish Lira, while sellers and suppliers will be subject to one-fifth of this fine.

A fine of 2,000,000,000 Turkish Lira shall be imposed on those who act contrary to the first paragraph of Article 19.

Those who violate Article 11 will be subject to a fine of 5,000,000,000 Turkish Lira. If the violation occurs in a nationally published periodical, the fine will be twenty times the amount. The Ministry will also request the periodical publisher to cease the campaign and all advertising and advertisements related to the campaign. If the violation persists despite this request, a fine of 100,000,000,000 Turkish Lira will be imposed for each issue starting from the date the advertising and advertisement suspension becomes mandatory. The Ministry will apply to the Consumer Court to request the cessation of the campaign and all advertising and advertisements related to the campaign.

Those who violate Article 16 will be subject to a preventive suspension of up to three months and/or a suspension and/or correction, and/or a fine of 3,500,000,000 Turkish Lira. The Advertising Board may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 occurs through written, oral, visual, or other means broadcasting nationwide, the fine will be tenfold.

Those who violate the seventh and eighth paragraphs of Article 7 will be subject to a fine equal to the invoice price of the goods or services covered by the campaign. This fine will not apply if the campaign organizer provides a refund when the consumer withdraws from the campaign.

Those who violate the second paragraph of Article 7 will be given a one-week period to organize campaigns in accordance with the provisions of Article 7. If, after this period, it is determined that the violation continues, those who violate this provision and the obligations set forth in Articles 24 and 24/A will be subject to a fine of 50,000,000,000 Turkish Lira.

The fines specified in the preceding paragraphs shall be doubled if the offence is repeated within one year. Fines shall be increased at the beginning of each year in accordance with the provisions of Additional Article 2 of Turkish Penal Code No. 765.

If other laws also foresee a fine for the acts written in this Law, the heavier penalty will be applied.

Authority, objection and statute of limitations in penalties

Article 26 - The penalties in the first, fourth, seventh, eighth, nineth and tenth paragraphs of Article 25 are applied by the Ministry, and the penalties in the other paragraphs are applied by the local civil administrator.

All fines stipulated in this Law are administrative in nature. These fines may be appealed to the competent administrative court within seven days of notification. An appeal does not suspend the enforcement of the fine imposed by the administration.

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

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

In the case of persistent or repeated violations, the period begins on the day the violation ceased or last occurred. Taking legal action against the decision interrupts the statute of limitations.

Penalties are notified to the professional organization to which the person concerned is a member within seven days by the authority authorized to impose the penalty.

FIFTH

Miscellaneous Provisions

Control

Article 27 - In the implementation of this Law, the Ministry's inspectors and controllers and the personnel assigned by the Ministry and municipalities are authorized to inspect, examine and research all places where goods are kept and/or sold or services are provided, such as factories, stores, shops, commercial establishments, warehouses and storehouses.

It is mandatory to present all kinds of information and documents accurately and to provide original and certified copies to the authorized and authorized persons and organizations regarding matters falling within the scope of this Law.

Laboratory

Article 28 - The Ministry may use the laboratories established by official and private institutions for the implementation of this Law, except for the analysis of medicines, preparations, cosmetics and foodstuffs.

Samples taken during inspections conducted by the Ministry may be tested and inspected by official or private laboratories. Testing and inspection fees are covered by the special appropriation in Article 29. If the test and inspection results are found to be in violation of the relevant standard or technical regulation, all related expenses shall be paid by the manufacturer or importer. These expenses shall be collected in accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables. Collected test and inspection fees shall be recorded as special revenue in the budget in accordance with the principles set forth in Article 29.

Allowance
Article 29 - Expenses related to the establishment and work of the Consumer Council, consumer problems arbitration committees and the Advertising Board, financial aid to be given to consumer associations and their parent organizations, expenses of the Ministry for the purpose of consumer protection, other expenses and additional payments to be made to the personnel in amounts to be determined by the Ministry of Industry and Trade upon the approval of the Ministry of Finance;

a) From the allocation to be included in the Ministry budget,
b) The capital of all newly established joint stock and limited company partnerships and, in case of capital increase, the capital will be covered by payments at the rate of one thousandth of the increased portion.
The revenues specified in subparagraph (b) will be collected in an account opened with the Central Bank of the Republic of Turkey or its correspondent, the Turkish Republic Ziraat Bank. Sixty percent of the amounts collected in this account will be transferred to the Central Accounting Directorate of the Ministry of Industry and Trade at the end of each month, and forty percent will be transferred to the Competition Authority account.

Amounts transferred to the Central Accounting Office account are recorded as special revenue for the budget, and are also recorded as special appropriations by the Ministry of Finance for existing or newly established budgets within the Ministry of Industry and Trade. A portion of these amounts recorded as special appropriations in the Ministry's budget is used to support projects involving activities undertaken by consumer associations and their parent organizations, independent of commercial, political, and administrative organizations, that have been operating for at least five years. No payments, such as attendance fees or salaries, may be made from this account to those serving on the management and audit boards of consumer associations and their parent organizations. Other criteria to be met by consumer associations and their parent organizations that benefit from this account will be determined by a regulation jointly prepared by the Ministry of Industry and Trade and the Ministry of Finance. The Minister of Finance is authorized to record any unspent amounts recorded as special appropriations within a given year as special revenue and special appropriations, carried over to the following year's budget.

Other provisions
Article 30 - In cases not covered by this Law, general provisions shall apply.

Regulations and other regulations
Article 31 - The regulations stipulated in this Law shall be issued by the Ministry within one year of the Law's publication date, after consulting with relevant public institutions, professional organizations, and consumer organizations. The Ministry is authorized to take the necessary measures and make regulations within the framework of the legislation regarding the implementation of this Law.

Repealed provisions
Article 32 - Law No. 3489 on the Obligation to Sell Without Bargaining, Law No. 632 on the Sale of Imported or Domestically Manufactured Vehicles, Engines, Machinery, Tools and Devices with Promotional Materials, and Law No. 3003 on the Control and Determination of Cost and Sales Prices of Industrial Products have been repealed.

Temporary Article 1 - Credit card debts that were not paid due to the debtor's default and were subject to enforcement proceedings or enforcement proceedings before the promulgation of this Law shall be paid in twelve equal installments, with an annual default interest rate not exceeding fifty percent applied to the principal amount at the date of default. Any enforcement proceedings initiated for credit card debts shall cease upon payment of the first installment in accordance with the above provision and shall be terminated with all consequences upon payment of the final installment. The provisions of this article shall apply upon the consumer's written application to the creditor within thirty days of the promulgation date of this Law.

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

Executive
Article 34 - The Council of Ministers shall execute the provisions of this Law.