Law Number: 4077

Law Adoption Date: 23/02/1995

Official Gazette Date Published: 08/03/1995

Number of Official Gazette Published: 22221

PART ONE: PURPOSE, SCOPE, DEFINITIONS

AIM

Article 1 - The purpose of this Law is, (...) to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for damages, to protect them from environmental hazards in accordance with the public interest, to encourage consumers' attempts to protect themselves and to establish policies in this regard. to regulate matters related to encouraging voluntary organizations.

SCOPE

Article 2 - This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and service markets for the purposes specified in Article 1.

DEFINITIONS
Article 3 - (Amended article: 06/03/2003 - SK 4822/3.)

In the application of this Law;

a) Ministry: The Ministry of Industry and Trade,

b) Minister: Minister of Industry and Trade,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

r) (Additional clause: 21/02/2007-5582 SK/21.art.) Housing finance institution: Institutions specified in the second paragraph of article 38/A of the Capital Markets Law No. 2499,

It expresses.

PART TWO: CONSUMER PROTECTION AND LIGHTING

DEFECTIVE GOODS

Article 4 - (Amended article: 06/03/2003 - Article 4 of SD 4822)

Inconsistent with the quantity that affects the quality or quality contained in its packaging, label, promotional and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or which reduces or eliminates its value in terms of allocation or usage purpose or the benefits expected from it by the consumer. Goods containing material, legal or economic deficiencies are considered as defective goods.

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

(Amended paragraph: 21/02/2007-5582 SK/22.art.) Manufacturer-manufacturer, seller, dealer, agency, importer and creditor pursuant to the fifth paragraph of Article 10 or the ninth paragraph of Article 10/B, are jointly and severally liable for the electoral rights set forth in this article. According to the ninth paragraph of article 10/B, the responsibility of the lending housing finance institution is limited to 1 year from the date of delivery and the amount of loan it has made available. Even in case of transfer of loans given by housing finance institutions in accordance with the ninth paragraph of article 10/B, the responsibility of the lending housing finance institution continues. The institution that takes over the loan will not be liable under this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility. *

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

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

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

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

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

DEFECTIVE SERVICE

Article 4/A - (Additional article: 06/03/2003 - Article 4822 SK/5)

Services that are contrary to the quantity affecting the quality or quality determined in the advertisements and announcements reported by the provider or in the standard or technical rule, or that contain material, legal or economic deficiencies that reduce or eliminate the value in terms of the purpose of benefiting or the benefits expected by the consumer are considered as defective services.

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

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

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

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

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

Article 5 - (Amended article: 06/03/2003 - SK 4822/6.)

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

It is unavoidable to provide services without a justifiable reason.

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

This provision also applies to other contracts for the sale of goods and the provision of services.
UNFAIR CONDITIONS IN THE CONTRACT

Article 6 - (Amended article: 06/03/2003 - Article 7 of SD 4822)

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

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

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

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

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

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

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

Article 6/A - (Additional article: 06/03/2003 - Article 4822 SK/8.)

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

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

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

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

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

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

e) Down payment amount,

f) Payment schedule,

g) Legal consequences of the debtor's default.

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

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

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

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

Article 6/B - (Additional article: 06/03/2003 - SK 4822/9. art.)

Timeshare contracts, which are concluded for a period of at least three years and which include the transfer or commitment of the use of one or more immovables for a specific or determinable period of the year and not less than one week, during this period, and a copy of which must be given to the consumer, is obligatory, A written contract or group of contracts.

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

Article 6/C - (Additional article: 06/03/2003 - Article 4822 SK/10.)

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

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

CAMPAIGNS

Article 7 - (Amended article: 06/03/2003 - SK 4822/11. art.)

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

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

(Amended paragraph: 21/02/2007-5582 SK/23.art.) In case the delivery or performance of the announced and promised goods or services is not done at all or properly, the seller, supplier, dealer, agency, manufacturer-manufacturer, importer and According to the fifth paragraph of Article 10, the creditor is jointly and severally liable. In the event that the delivery of the announced and promised house is not made at all, properly or on time, the housing finance institution, seller, supplier, dealer, agency, manufacturer-manufacturer, importer, which gives the loan in accordance with the ninth paragraph of Article 10/B, shall be jointly and severally up to the amount of the loan extended. is responsible. Even in case of transfer of loans given by housing finance institutions in accordance with the ninth paragraph of article 10/B, the responsibility of the lending housing finance institution continues. The institution that takes over the loan will not be liable under this article. *

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

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

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

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

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

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

Article 8 - (Amended article: 06/03/2003 - SK 4822/art. 12)

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

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

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

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

The provisions of article 6/A for door-to-door sales made in installments and article 7 for sales from the door with campaigns are applied separately.
LIABILITY OF THE SELLER AND THE SUPPLIER IN DOOR-TO-DOOR SALES

Article 9 - (Amended article: 06/03/2003 - SK 4822/art. 13)

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

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

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

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

Article 9/A - (Additional article: 06/03/2003 - 4822 SK/14th art.)

distance contracts; These are the agreements made in written, visual, telephone and electronic media or by using other communication tools and without confronting the consumers and in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.

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

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

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

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

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

CONSUMER LOAN

Article 10 - (Amended article: 06/03/2003 - SK 4822/art. 15)

A consumer loan is a loan that consumers take in cash from a lender to acquire a good or service. The consumer loan agreement must be made in writing and a copy of this contract must be given to the consumer. The credit terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.

In the contract;

a) Consumer loan amount,

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

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

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

e) Guarantees to be requested,

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

g) Legal consequences of the debtor's default,

h) Conditions for closing the loan before its maturity,

ı) In case the loan is made in foreign currency, the conditions regarding the exchange rate of which date will be taken into account in the calculation of the repayment installments and the total loan amount,

It takes place.

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

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

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

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

Article 10/A - (Additional article: 06/03/2003 - SK 4822/art. 16)

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

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

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

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

Article 10/B - (Additional article: 21/02/2007-5582 SK/24.art.)

Housing finance institutions are obliged to provide general information about loan or financial leasing transactions to consumers before the contract and to give the Pre-Contract Information Form containing the terms of the loan or financial leasing contract they offer to the consumer. Consumers are free to accept or reject the offer.

The scope of the general information to be given by the housing finance institutions and the standards of the Pre-Contract Information Form are determined by the Ministry by taking the opinion of the relevant unions. The contract signed before one business day following the delivery of the Pre-Contract Information Form to the consumer is invalid.

Housing finance contracts must be made in writing and a copy of this contract must be given to the consumer. The terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.

In case of default by the debtor, the housing finance institution is obliged to notify the debtor by registered mail with return receipt within five working days from the date of default.

If the housing finance institution has reserved the right to demand the performance of the remaining debt in the event of non-payment, this right can only be exercised if the consumer defaults in at least two consecutive payments. In order for the housing finance institution to exercise this right, it must give at least one month and give a warning of maturity.

In financial leasing transactions, following the expiry of the period given in the consumer's due date warning, if the housing finance institution terminates the financial leasing agreement in order to use its right to fulfill the remaining debt, it is obliged to put the house up for sale immediately. The housing finance institution shall have the persons or institutions authorized in accordance with the subparagraph (r) of the first paragraph of the Article 22 of the Capital Markets Law numbered 2499 for the housing prior to sale. The appraised value is notified to the consumer at least ten business days before the sale. The housing finance institution sells the house by acting like a prudent merchant, taking into account the appraised value. The consumer is responsible for the portion of the loss of the housing finance institution exceeding the price obtained from the sale of the house. If the price obtained from the sale of the house exceeds the remaining debt, the excess is paid to the consumer. Articles 7, 25 and 31 of the Financial Leasing Law No. 3226 do not apply to financial leasing transactions for housing financing.

Following the sale of the house and the payment of the excess of the remaining debt to the consumer, the consumer or, in case the possession has been transferred, the third parties holding the possession are under the obligation to evacuate the house. In the event that the house is not evacuated, the owner of the house may apply for enforcement against the consumer or, if the possession has been transferred, against the third parties holding the possession pursuant to Articles 26 and 27 of the Execution and Bankruptcy Law No. 2004.

In cases where a personal guarantee is given as a guarantee for the financing used, the housing finance institution cannot demand the performance of the debt from the guarantor without applying to the principal debtor and other guarantees.

In the case of transactions arising from housing finance defined in the first paragraph of Article 38/A of the Capital Markets Law No. 2499, the housing finance institution, which gives the loan on the condition that a certain house is purchased or a sales contract to be made with a certain seller, is not delivered at all or on time. The creditor shall be jointly and severally liable to the consumer for the amount of credit extended, together with the seller. Even if the loans given by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed securities collateral pools, the responsibility of the lending housing finance institution continues. The institution that takes over the loan will not be liable under this article.

It is forbidden for the housing finance institution to bind the payments to a negotiable instrument or to secure it by accepting the negotiable instruments. If a valuable paper is to be taken from the consumer despite this prohibition, the consumer has the right to demand this valuable paper back from the housing finance institution. In addition, the housing finance institution is obliged to compensate the consumer for the loss due to the transfer of the valuable paper to someone else.

The portion of the repayment amount in loans and the excess of the rental amount in financial leasing transactions is considered as interest within the scope of this article.

As stated in the contract, the interest rate in loans and financial leasing transactions for housing finance can be determined by using fixed, variable or both methods for the same loan. If the rate is determined as fixed, the rate determined at the beginning of the contract cannot be changed without the mutual consent of both parties. If the rate is determined as a variable, the rate determined in the contract at the beginning can be changed on the condition that the periodic repayment amount does not exceed the maximum periodic repayment amount to be determined in the contract at the beginning, and based on an index that is generally accepted and widely used in the country or abroad to be determined in the contract. In case the rates are determined as variable, it is essential to inform the consumers about the possible effects of this method.

The consumer can pay the total amount owed to the housing finance institution in advance, as well as make one or more payments before the due date. In both cases, the housing finance institution is obliged to make the necessary interest reduction for the installments paid before the maturity date. The provisions of the relevant regulation issued by the Ministry are applied in calculating the required interest reduction and the annual cost rate of the loan to the consumer according to the amount paid.

In the event that the interest rate is determined as fixed, an early payment fee may be requested from the consumer by the housing finance institution in case one or more payments are made before the due date, by being included in the contract. The early payment fee cannot exceed two percent of the amount calculated by reducing the required interest and paid early by the consumer to the housing finance institution. In case the rates are determined as variable, no early payment fee can be demanded from the consumer.

Housing finance contracts must include at least the following elements:

a) Loan amount for housing loan agreements, total rental amount for financial leasing agreements,

b) Information on the mortgaged house for loan agreements and the house subject to financial leasing for financial leasing agreements,

c) Annual interest rate and annual cost rate (in floating rate contracts, annual interest rate and annual cost rate are calculated separately for initial and maximum interest rates),

d) Distribution of the total debt amount by principal, interest and other expenses (total debt amounts to be calculated based on the initial interest rate or rental price and the maximum interest rate or rental price in floating rate contracts),

e) The index and method of calculating the change in the interest rate or rental price based on floating rate contracts,

f) A payment plan prepared periodically for the first year and annually for the remaining years, including the principal paid, interest paid, other expenses, remaining principal, repayments or rental fees for the relevant periods (in floating rate contracts, initial and maximum interest rates are used. Two separate payment plans are created.),

g) The number of repayments or rental payments, the payment dates, when the payments will be made in case the determined payment date comes on an official holiday, the first and last payment dates,

h) Guarantees to be requested,

i) In case of default in payments, the default interest rate for loan contracts, not to exceed thirty percent of the contractual interest rate (current interest rate for floating rate contracts), and the default interest rate for financial leasing contracts,

j) Legal consequences of the debtor's default,

k) Conditions for making loan repayments or rent payments before their due dates, and if an early payment fee is foreseen in fixed-rate contracts, the principles regarding their calculation,

l) If the loan or rental amount is determined in foreign currency, the conditions regarding the exchange rate of which date will be taken into account in calculating the rent and repayment amounts and the total debt amount,

m) Circumstances that may require valuation of the house subject to the contract and by whom the valuation can be made,

n) Insurance information regarding the house subject to the contract, if any.

In the periodic payment receipts to be sent to the consumer, the distribution of the payments as in subparagraph (d) of the fifteenth paragraph and the amount of the remaining debt are included.

In the implementation of this article, real person partners of housing cooperatives are considered consumers.
PERIODICALS

Article 11 - (Amended article: 06/03/2003 - SK 4822/art. 17)

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

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

During the campaign, the sale price of the periodical cannot be increased due to the cost increase caused by the promised good or service as a second product. Commitment and distribution of the good or service subject to the campaign cannot be made by division, and the integral or complementary parts of this good or service cannot be made into a separate campaign subject. In the implementation of this Law, transactions regarding each good or service promised to be given as a secondary product are considered as an independent campaign.

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

Article 11/A - (Additional article: 06/03/2003 - 4822 SK/18th art.)

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

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

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

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

Article 12 - (Amended article: 06/03/2003 - SK 4822/19th article)

It is obligatory to put a label containing the price, place of production and distinctive features of the goods, including all taxes, in an easily visible and legible manner, on the goods or their packages or containers offered for retail sale, and in cases where it is not possible to put a label, the lists containing the same information must be hung in appropriate places so that they can be seen.

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

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

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

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

Article 13 - (Amended article: 06/03/2003 - SK 4822/art. 20)

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

Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, they are obliged to repair the goods free of charge under any other name, such as labor cost, replacement part cost or any other name.

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

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

The Ministry is responsible for determining and posting which industrial goods have to be sold with a warranty certificate and the maximum time required for the repair of the faults of these goods, by taking the opinion of the Turkish Standards Institute.
INTRODUCTION AND USER'S GUIDE

Article 14 - (Amended article: 06/03/2003 - SK 4822/21. art.)

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

The Ministry is responsible for determining and advertising which of the industrial goods must be sold with a promotional and user manual and labels, and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute.
AFTER SALES SERVICES

Article 15 - (Amended article: 06/03/2003 - SK 4822/22. art.)

Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, during the useful life of the goods determined and announced by the Ministry, by keeping sufficient technical personnel and spare parts stock.

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

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

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

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

Article 16 - (Amended article: 06/03/2003 - SK 4822/23. art.)

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

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

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

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

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

Article 17 - (Amended article: 06/03/2003 - SK 4822/art. 24)

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

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

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

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

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

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

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

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

f) A lawyer member to be assigned 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 by all journalists associations in Turkey from among themselves,

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

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

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

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

m) A member from the Turkish Standards Institute,

n) One member from the Presidency of Religious Affairs,

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

p) One member from the confederations of trade unions,

r) One member from the civil servant unions confederations,

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

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

u) A member from the Turkish Pharmacists Association,

v) A member from the Turkish Dental Association,

y) (Additional clause: 27/05/2004 - 5179 SK/34.art) Two members each from the Ministry of Agriculture and Rural Affairs and the Ministry of Health,

It consists of twenty-five members.

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

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

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

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

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

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

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

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

Article 18 - (Amended article: 06/03/2003 - SK 4822/25. art.)

In the event that the goods and services offered to the use of the consumer may be harmful or dangerous to the person's physical and mental health and the environment, explanatory information and warnings regarding this situation shall be placed or written on them or in the attached user manuals in a way that can be clearly seen and read, in order for these goods to be used safely.

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

 

GOODS AND SERVICES AUDIT

Article 19 - (Amended article: 06/03/2003 - SK 4822/art. 26)

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

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

EDUCATION OF THE CONSUMER

Article 20 - (Amended article: 06/03/2003 - SK 4822/art. 27)

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

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

PART THREE: CONSUMER ORGANIZATIONS
CONSUMER COUNCIL

Article 2 1 - (Amended paragraph: 06/03/2003 - 4822 SK/28. Art.) To investigate the necessary measures to protect the problems, needs and interests of the consumer, to take measures to solve the problems in line with the universal consumer rights, and to the measures for the implementation of this Law. A "Consumer Council" is established under the coordination of the Ministry in order to convey the opinions to be handled with priority by the relevant authorities.

(Amended paragraph: 06/03/2003 - 4822 SK/28. Art.) The Consumer Council, under the chairmanship of the Minister or a Ministry official to be appointed, is governed by Justice, Interior, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Ministry of Tourism and Environment, Undersecretariat of State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Turkish Patent Institute Presidency, State Institute of Statistics Presidency, Turkish Standards Institute Presidency, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Agency, National Productivity Center, Directorate of Religious Affairs, metropolitan municipalities, Turkish Municipalities Union representing provincial municipalities, labor union confederations, civil servant unions confederations, Turkish Employers' Unions Confederation,National Cooperatives Union of Turkey, Higher Education Board, Union of Turkish Bar Associations, Union of Chambers of Certified Public Accountants and Certified Public Accountants of Turkey, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists Union, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Doctors Association, Turkish Tradesmen and Craftsmen Confederation, Union of Chambers and Commodity Exchanges of Turkey, Banks Union of Turkey, Turkish Travel Agencies Union, Turkish Hoteliers Union, Union of Turkish Chambers of Agriculture, Consumption Cooperatives Central Union, Ahilik Research and Culture Foundation and representatives of consumer organizations.Turkish Pharmacists Association, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Medical Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Association of Turkish Travel Agencies, Association of Turkish Hoteliers, Union of Chambers of Agriculture of Turkey, Consumption Cooperatives Merkez Union, Ahilik Research and Culture Foundation and representatives of consumer organizations.Turkish Pharmacists Association, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Medical Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Association of Turkish Travel Agencies, Association of Turkish Hoteliers, Union of Chambers of Agriculture of Turkey, Consumption Cooperatives Merkez Union, Ahilik Research and Culture Foundation and representatives of consumer organizations.

The number and qualifications of the representatives of the institutions and organizations that make up the Consumer Council, the minimum number of members that consumer organizations must have in order to participate in the Consumer Council and the number of representatives these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations can never exceed 50% of the total number of members of the Consumer Council. The Consumer Council meets at least once a year.

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

Article 22 - (Amended article: 06/03/2003 - SK 4822/29. art.)

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.

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

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

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

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

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

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

The principles and procedures regarding the payment of the attendance fee or the attendance fee given to the President and members of the Arbitration Committees for Consumer Problems and the 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 to be found by multiplying the 2000 indicator figure with the civil servant monthly coefficient.

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

SECTION FOUR: PROVISIONS RELATING TO TRIAL AND PENALTY
CONSUMER COURTS

Article 23 - (Amended article: 06/03/2003 - SK 4822/art. 30)

Any disputes that may arise regarding the implementation of this Law shall be heard in consumer courts. The jurisdiction of consumer courts is determined by the Supreme Council of Judges and Prosecutors.

Lawsuits to be filed by consumers, consumer organizations and the Ministry before consumer courts are exempt from all kinds of fees and charges. Expertise fees in lawsuits to be filed by consumer organizations are covered by the Ministry from the appropriation foreseen in the budget in accordance with Article 29. In the event that the case is concluded against the defendant, the expert fee is collected from the defendant in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Claims and recorded as income in the budget in accordance with the principles set forth in Article 29. Cases to be heard in consumer courts are carried out in accordance with the provisions of Chapter Seven, Chapter Four of the Code of Civil Procedure. *12*

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

The Ministry and consumer organizations may file lawsuits in consumer courts in order to eliminate the unlawful situation due to the violation of this Law in cases that do not have an individual consumer problem and that concern consumers in general.

When necessary, consumer courts may decide to stop the violation as a precaution. Injunction decisions deemed appropriate by the Consumer Court are immediately announced by the Press Advertisement Agency in one of the newspapers published at the country level, and also in a local newspaper, if any, published in the place where the case was filed, to be taken from the party whose expense is later found wrong and to be recorded as revenue to the budget in accordance with the principles set forth in Article 29. *12*

Consumer Court decisions aimed at eliminating the illegal situation are announced immediately with the same method, with the expense of being collected from the defendant.
STOPPING PRODUCTION, SALES AND COLLECTING THE GOODS

Article 24 - (Amended article: 06/03/2003 - SK 4822/art. 31)

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

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

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

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

In case a series of defective goods subject to the provisions of the sixth paragraph of Article 4 are offered for sale, the provisions of this article do not apply.
GOODS THAT LOOK DIFFERENT FROM THEY ARE

Article 24/A - (Additional article: 06/03/2003 - 4822 SK/32. art.)

Although they are not food products, it is prohibited to produce, market, import and export goods that look different from what they are due to their shape, smell, appearance, packaging, label, volume or dimensions, and therefore, by mixing with food products by consumers, jeopardizing the health and safety of consumers.

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

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

Article 25 - (Amended article: 06/03/2003 - 4822 SD/33.art.; Amended article: 23/01/2008-5728 SD/476.art.)

Pursuant to the seventh paragraph of Article 6, those who violate the procedures and principles determined by the Ministry are subject to an administrative fine of one hundred Turkish Liras for each contract found to be inconsistent.

In the sixth paragraph of article 4, in article 5, in the sixth paragraph of article 6, in article 6/A, in the procedures and principles determined by the Ministry in accordance with articles 6/B, 6/C, in the fifth paragraph of article 7, article 9, article 9/A Those who violate each of the obligations set forth in Article 10, Article 10/A, Article 10/B, second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14 and 15 are subject to an administrative fine of two hundred Turkish Liras.

An administrative fine of five hundred Turkish Liras is imposed on those who violate the obligations set forth in the fourth and sixth paragraphs of Article 7 and in Articles 8 and 27.

In accordance with the second paragraph of Article 20, those who violate the procedures and principles determined and announced by the Ministry are charged an administrative fine of one thousand Turkish Liras. If the violation is carried out through the radio and television broadcasting at the country level, the penalty is applied ten times.

An administrative fine of two thousand Turkish Liras is imposed on the manufacturer-manufacturer or importer who violates Article 18, and an administrative fine of four hundred Turkish Liras is imposed on the seller-supplier.

An administrative fine of five thousand Turkish Liras is imposed on those who violate the first paragraph of Article 19.

An administrative fine of ten thousand Turkish Liras is imposed on those who violate Article 11. If the violation occurred through a periodical broadcasting at the country level, the penalty is applied twenty times. The Ministry also requests the periodicals to stop the campaign and all kinds of advertisements and announcements related to the campaign. If the violation persists despite this request, an administrative fine of two hundred thousand Turkish Liras is imposed for each issue-day from the date on which the obligation to stop the advertisement and announcement arises. The Ministry applies to the Consumer Court with a request to stop the campaign and all kinds of advertisements and announcements related to the campaign.

Those who act in violation of Article 16 shall be subject to a precautionary stop, suspension, correction or an administrative fine of six thousand Turkish Liras for up to three months, together or separately, depending on the nature of the violation. If the violation of Article 16 is realized through written, verbal, visual and other means at the country level, the administrative fine is applied ten times.

Those who violate the seventh and eighth paragraphs of Article 7 are charged an administrative fine in proportion to the invoice price of the goods or services that are the subject of the campaign. If the organizer of the campaign, the consumer, returns the money when he leaves the campaign, this penalty is not applied.

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

The fines specified in the paragraphs above are doubled if the act is repeated within one year.
AUTHORITY, OBJECTION AND TIMELINESS IN PENALTIES

Article 26- (Amended article: 23/01/2008-5728 SK/477.art.)

Administrative sanctions in the first, fourth, seventh, eighth, ninth and tenth paragraphs of Article 25 are decided by the Ministry, and administrative fines in the other paragraphs are decided by the local civilian authority.

Decisions regarding these sanctions are notified to the professional organization of the relevant person within seven days by the authority that made the decision.

Against the administrative sanction decisions made in accordance with the provisions of this Law, legal action is taken in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982. However, the lawsuit is filed in the administrative court within fifteen days from the date of notification of the transaction. The fact that an action for annulment has been filed in the administrative court does not stop the execution of the decision.
SECTION FIVE: MISCELLANEOUS PROVISIONS

AUDIT

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

It is obligatory to present all kinds of information and documents correctly and to give original and certified copies to authorized and authorized persons and organizations in matters covered by this Law.
LAB

Article 28 - (Amended article: 06/03/2003 - SK 4822/35. art.)

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

The tests and inspections of the samples taken during the inspections carried out by the Ministry can be carried out in official or private laboratory laboratories. Test and inspection fees are covered from the allowance in Article 29. In case the test and inspection results are contrary to the relevant standard or technical regulation, all related expenses are paid by the manufacturer or importer. These expenses are collected in accordance with the provisions of the Law No. 6183 on Collection Procedure of Public Receivables. Test and inspection fees collected are recorded as revenue in the budget according to the principles set forth in Article 29. *12*
ALLOWANCE

Article 29 - (Repealed article: 03/06/2011-635 SKHK/33. Art.)

OTHER PROVISIONS

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

REGULATIONS AND REGULATIONS

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

Provisional Article 1 - Until the consumer courts are established, the courts to try the cases to be heard in these courts are determined by the High Council of Judges and Prosecutors.

REMOVED PROVISIONS

Article 32 - (Amended article: 06/03/2003 - SK 4822/article 36)

Law No. 3489 on Obligation to Sell without Negotiations, Law No. 632 on the Sale of Imported or Domestically Produced Vehicles, Engines, Machinery, Tools and Devices with Advertisement, and Law No. 3003 on Control and Determination of Cost and Sales Prices of Industrial Products have been repealed.

FORCE

Article 33 - This Law enters into force 6 months after its publication.

EXECUTIVE

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

PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW

TEMPORARY ARTICLE OF LAW NO 4822 DATED 06/03/2003

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

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

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

TEMPORARY ARTICLE 3 OF THE LAW NUMBER 5083 DATED 28/01/2004

Provisional Article 3 - Between 1.1.2005-31.12.2005, all goods and services costs must be displayed separately in Turkish Lira and New Turkish Lira in the labels and tariff lists to be prepared within the framework of Article 12 of the Law on the Protection of the Consumer No. 4077.

The penalty stipulated in the second paragraph of Article 25 of the Law No. 4077 is applied to those who do not fulfill this obligation.