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Law on Consumer Protection
Part One - Purpose, Scope, Definitions
Article 1 - Purpose
Article 2 - Scope
Article 3 - Definitions
Part Two - Consumer Protection and Disclosure
Article 4 - Defective Goods and Services
Article 5 - Avoidance of Sales
Article 6 - Installment Sales
Article 7 - Campaign Sales
PART ONE - Purpose, Scope, Definitions
Article 1 - Purpose
The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for their losses, to protect them from environmental hazards in accordance with the requirements of the economy and the public interest, and to encourage consumers' self-protective initiatives and to encourage voluntary organizations in the formulation of policies on this subject. to regulate matters.
Article 2 - Scope
This Law covers all kinds of legal transactions in which the consumer is one of the parties in the goods and services markets for the purposes specified in Article 1.
Article 3 - Definitions
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 trade,
d) Service: Physical and/or intellectual activities performed in return for a fee or benefit,
e) Standard: Turkish Standards,
f) Consumer: Real or legal person who purchases a good or service for special purposes and ultimately uses or consumes it,
g) Seller: Real or legal entities that provide goods and services to consumers, including public institutions and organizations,
h) Manufacturer-Producer: Those who produce the goods or services offered to the consumer, or the raw materials or intermediate goods of these goods or services, including public institutions and organizations,
i) Consumer Organizations: Refers to associations, foundations and consumer cooperatives established for the protection of consumers.
PART TWO - Consumer Protection and Disclosure
Article 4 - Defective Goods and Services
Goods that are contrary to the quality and/or quantity stated in its packaging, label, introduction and user manual or determined by the seller in terms of futures or standards, or contain material, legal or economic deficiencies that reduce or eliminate its value in terms of allocation or purpose of use or the benefits that the consumer expects from it. or services are considered defective goods or defective services.
If it is understood that the purchased goods are defective; The consumer may return these goods to the seller within 15 days from the date of receipt of the goods and request replacement, refund of the price paid, deduction of the loss of value caused by the defect, or repair free of charge. The consumer is free to choose any of these requests. The seller is obliged to fulfill this request of the consumer. The seller, dealer, agency, manufacturer-producer and importer are jointly and severally liable to the consumer for the defective goods and/or any damages caused by the defective goods.
Not knowing that the goods sold are defective does not eliminate this liability. If the defect of the goods sold is of a hidden nature or if the defect is fraudulently hidden from the consumer, the seller cannot escape liability by claiming that he was not contacted within 15 days. If the seller has not given a warranty for a longer period, lawsuits filed due to defective goods and all kinds of damages caused by the defective goods are subject to a 2-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect appeared later. However, if the seller has fraudulently concealed the defect of the goods sold from the consumer, he cannot benefit from the 2-year limitation period.
The preceding provisions shall also apply for defective services. If the defective service becomes impossible to be repeated or if it causes contrary results, a discount is made in the refund in proportion to the benefit the consumer received from the defective service. The above provisions do not apply to goods and services purchased knowing that they are defective. It is mandatory for the manufacturer or seller to place a label containing the phrase "Disabled" on the used, repaired or defective goods to be offered for sale, or on its packaging, in a way that the buyer can easily read. This situation is also shown on the invoice, receipt or sales document given to the consumer. The provision of the above paragraph does not apply to sellers who only sell defective goods or who have permanently allocated a part of their workplace, such as a floor or a department, to the sale of defective goods.
Article 5 - Avoidance of Sales
A good that does not have the words "sample" or "not for sale" on it; Displaying it in a commercial establishment's window, shelf or any other clearly visible place means that it is in stock. The seller cannot refrain from selling the goods he displays. He cannot present it as if it were sold even though it was not. One can not avoid the sales of services without a good cause. The seller cannot make the sale of a good or service conditional on the purchase of that good or service in the amount, number, size or period determined by the seller, or on the purchase of another good or service. If it is customary, commercial custom or tradition to sell goods or services in a certain quantity, number, size or period, the provision of the third paragraph does not apply.
Article 6 - Installment Sales
In installment sales; The consumer has the right to pay the total amount owed in advance. The consumer can also pay in one or more installments, provided that they are not less than the amount of one installment. In both cases, the seller is obliged to make the necessary interest deduction based on the amount paid.
If the seller has reserved the right to demand the performance of the entire remaining debt in case one or more of the installments are not paid, this right; However, it can be used provided that the seller has performed all his/her obligations, at least four weeks have passed since the consumer's unfulfilled action and the seller gives a notice of maturity by giving a period of at least one week. The total sales price of the goods or services determined by the parties and notified to the consumer in writing cannot be increased in any way.
In installment sales, the seller must notify the following information in writing and give the consumer a copy of the contract concluded between the parties.
a) Cash sales price of goods and services,
b) Total sales price to be paid with interest according to maturity,
c) Interest amount, annual rate at which interest is calculated and delay interest rate,
d) Prepayment amount,
e) Payment plan.
Article 7 - Campaign Sales
In sales made by accepting participants in campaigns announced to the public through newspapers, radio, television advertisements, etc. and with the promise of subsequent delivery or fulfillment of the goods or services, in case the delivery of the announced and promised goods and services is not made on time, in case of non-compliance with the agreements regarding price, quality and quantity. , seller, dealer, agency, representative, manufacturer-producer and importer are jointly and severally liable. All kinds of sales that cannot be described as promotional sales, but are made on the condition of subsequent delivery or fulfillment of the goods or services, are also subject to the provision of the first paragraph.
In campaign sales, in addition to the information specified in the third paragraph of Article 6, the seller is obliged to provide in writing information regarding the "campaign end date" and "the date and manner of delivery or fulfillment of the goods or services".
In promotional sales made in installments, the provisions of the first and second paragraphs of Article 6 also apply.
