Terms and Conditions

AMENDMENT WITH 4822 NUMBERS LAW ABOUT PROTECTION OF 4077-NUMBER CONSUMER

ANNEX

PURPOSE, COVERAGE, DEFINITIES
Purpose

Article 1-The purpose of this Law is to take measures that protect the health and safety and economic interests of the consumer in accordance with the public interest, to take measures that protect the health and safety and economic interests of the consumer in accordance with the public interest, and to encourage the voluntary organizations to protect themselves and to encourage voluntary organizations in the creation of policies on this issue.

Scope

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

Definitions

Article 3-in the application of this Law;

A) Ministry: Ministry of Industry and Trade,

B) Minister: Minister of Industry and Trade,

C) Goods: Movable goods that are subject to shopping, real estate for residential and holiday purposes, and software, audio, video and similar non-material goods prepared for use in electronic environment,

D) Service: Any activities other than providing goods made for a fee or benefit,

E) Consumer: A real or legal entity that acquires, uses, or benefits a good or service for commercial or non-professional purposes,

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

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

H) Consumer transaction: Any legal action between the consumer and the seller-provider in the goods or service markets,

I) Manufacturer-Manufacturer: The goods or services offered to the consumer, including public legal entities, or those who produce the raw materials or intermediate goods of these goods or services and those who produce their own distinctive sign, trademark or title on the goods,

J) Importer: The goods or services offered to the consumer, including public legal entities, or the real or legal person who brings the raw materials or intermediate goods of these goods or services for sale from abroad,

K) Lender: Bank, private financial institutions and financing companies that are authorized to provide cash loans to consumers as per their legislation,

L) Advertiser: The real or legal person who has prepared in order to promote, increase the sale of the goods/service they produce or market, increase the sale or create and strengthen their image, and in other ways,

M) Advertiser: A real or legal person who prepares commercial advertisements and advertisements in line with the need of the advertiser and mediates their publication on behalf of the advertiser,

N) Mecra organization: The real or legal person who is the owner, operator or tenant of communication channels or all kinds of vehicles that deliver commercial advertising or advertisements to the target audience,

O) Technical regulation: properties, processing and production methods of a product and service, including relevant administrative provisions, terminology related to them, symbol, packaging, marking, Any regulations that are mandatory to be followed, including the standards imposed by the relevant Ministry in the Official Gazette stating one or more of the issues of labeling and compliance evaluation procedures,

P) Consumer organizations: Expresses the association, foundation or their parent organizations, established for the purpose of consumer protection.

ISKI

CONSUMER AND LIGHTNING CONSUMER

The Wary Gum

Article 4-The material that is contrary to the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual, or advertising and advertisements, or reported by the seller or determined in its standard or technical regulation, or reduces or eliminates its value or the benefits that the consumer expects from it in terms of allocation or purpose of use, Goods containing legal or economic deficiencies, are considered defective goods.

The consumer is obliged to report the disgrace to the seller within thirty days from the date of delivery of the goods. In this case, the consumer has the right to return from the contract, which also includes the refund, to replace the goods without a penalty, or to request a discount at the rate of shame or free repair. The seller is obliged to fulfill this request, which the consumer prefers. Along with one of these electoral rights, the consumer also has the right to seek compensation from the manufacturer-manufacturer in cases of death and/or injury caused by defective property and/or damage to other goods in use.

The manufacturer-manufacturer, seller, dealer, agent, importer and lender according to the fifth paragraph of Article 10 are liable for defective goods and the consumer's electoral rights in this article. If more than one person is responsible for the damage caused by the disgraced property, they are responsibly responsible. Not knowing that the goods sold are defective does not remove this responsibility.

If those who are held accountable to the shame with this article have not assumed responsibility for a longer period of time, responsibility for the defective property is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the shame appears later. This period is five years in residential and vacation real estate. Claims to be made due to all kinds of damages caused by the defective property are subject to a three-year statute of limitations. These demands disappear ten years later, starting from the day the goods that caused the loss were put on the market. However, the statute of limitations cannot be used if the shame of the goods sold is hidden from the consumer by the seller's heavy defect or cheating.

Apart from the provisions regarding liability for the damages caused by the defective property, the above provisions are not applied on the goods purchased as they are known to be defective.

It is imperative that a label containing the phrase "is disabled" by the manufacturer or seller in a way that the consumer can easily read by the manufacturer or seller. There is no obligation to put this label in places where only defective goods are sold or some of them, such as a floor or aisle, in a way that the consumer can know, there is no obligation to put this label. The fact that the goods are defective is shown on the invoice, receipt or sales certificate given to the consumer.

Unsafe goods cannot be supplied to the market even with the disabled label. The provisions of the Law on the Preparation and Implementation of Technical Legislation Regarding Products No. 4703 are applied to these products.

These provisions are also applied to any consumer transactions related to the sale of goods.

Disgraced Service

Article 4/A-Services that are contrary to the quantity affecting the quality or nature determined in the advertising and advertisements reported by the provider or in its standard or technical rule, or that reduce or eliminate the benefits that the consumer expects from it in terms of the purpose of benefiting, or that reduce or eliminate the benefits that the consumer expects from it.

The consumer is obliged to report this shame to the provider within thirty days from the date of service. The consumer, in this case, has the rights to return from the contract, to see the service again or to a price discount on the rate of shame. If the consumer's termination of the contract cannot be justified as a requirement of the situation, it is satisfied with a discount from the price. The consumer may also seek compensation within the framework of the conditions specified in Article 4 along with one of these electoral rights. The provider is obliged to fulfill this request that the consumer chooses.

The provider, dealer, agent and according to the fifth paragraph of Article 10, the lender is liable for the defective service and all the damages caused by the defective service and the electoral rights of the consumer in this article. Not knowing that the service provided is defective does not remove this responsibility.

If the guarantee is not given for a longer period of time, even if the shame appears later, the requests to be made due to the defective service are subject to a two-year statute of limitations from the service. Requests 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 shame of the service offered is hidden from the consumer by the provider's heavy defect or cheating.

Apart from the provisions regarding liability for the damages caused by the defective service, the above provisions are not applied about the services acquired known to be defective.

These provisions are also applied in any consumer transactions related to providing services.

Avoiding Sales

Article 5-A commodity that does not have the phrase "is a sample" or "not for sale"; If it is displayed on the display window, shelf or anywhere clearly visible part of a commercial organization, the seller cannot avoid the sale of these goods.

Nor can it be avoided in providing services without a good reason.

On the contrary, if there is no common, commercial customary or custom, the seller cannot make the sale of a good or service dependent on conditions such as the amount, number or size determined by that good or service itself or the purchase of another good or service.

In other contracts for the sale of goods and providing services, this provision is also applied.

Unfair Terms in Contracts

Article 6-The contract conditions that the seller or provider unilaterally put into the contract without negotiating with the consumer, causing an imbalance against the consumer in the rights and obligations of the parties that result in the contractual rights and obligations of the parties arising from the contract are unfair.

The unfair terms contained in all kinds of contracts created by the consumer are not binding on the consumer.

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

If it is concluded from the consideration of the contract as a whole, that it is the standard contract, the fact that certain elements or an individual clause of a charter in this agreement have been negotiated does not preclude the application of this clause in the remaining part of the contract.

If a vendor or provider asserts that a standard requirement is individually discussed, the burden of proof it is on him.

6/A, 6/B, 6/C, 7, 9, 9/A, 10, consumer contracts that are intended to be issued in writing in articles 10/A and 11/A are issued in at least twelve points and dark black letters, and the deficiency does not affect the validity of the contract in the absence of one or more of the conditions required in the contract. This deficiency is promptly addressed by the seller or provider.

The Ministry determines the procedures and principles for determining the unfair conditions in the standard contracts and ensuring that they are removed from the text of the contract.

Sales in Installments

Article 6/A-Sale by installment is the type of sale in which the selling price is paid in at least two installments and the goods or service is delivered or performed at the time of the contract.

The contract of sale in installments is mandatory to be concluded in written form. The minimum conditions that must be in the contract are shown below:

A) Name, title, open addresses and access information of the consumer and seller or provider, if available,

B) The cash sale price of the goods or service in Turkish Lira, including taxes,

C) Total selling price as Turkish Lira to be paid with interest according to maturity,

D) The amount of interest, the annual rate at which the interest is calculated and the rate of delay interest not exceeding thirty percent of the interest rate determined in the contract,

E) Down payment amount,

F) Payment plan,

G) The legal consequences of the debtor's default.

The seller or provider is obliged to ensure that this information is included in the contract and to provide the consumer with a copy of the contract concluded between the parties. If a deed in the form of valuable documents is to be issued separately from the contract, this note is issued for each installment payment separately and only in name. Otherwise, the exchange bill is invalid.

In installments sales; the consumer is entitled to pay the total amount he is owed in advance. The consumer can also make one or more installment payments, provided that is 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 or the provider has reserved the right to demand the performance of all the remaining debt if one or more of the installments are not paid, this right is; only if the seller or the provider has performed all their works and if the consumer defaults on the payment of at least two successive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or provider to exercise this right, it must give a warning of at least one week.

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

Circuit Holiday

Article 6/B-Period vacation agreements, which are made for a period of at least three years and include a commitment to the transfer or transfer of the right to the use of one or more number of real estate for a period that may be specified or determined and not less than a week, and a copy must be given to the consumer, is a group of written contracts or contracts.

The Ministry determines the procedures and principles regarding timeshare contracts.

Package Tour

Article 6/C-Package tour contracts; transportation, accommodation and at least two of the other tourist services that are not considered helpful to them, are sold at the price of all things included or made a sales commitment and covering the service over a period of more than twenty-four hours, or which include overnight accommodation and a copy is mandatory, pre-arranged written contracts.

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

Campaign Sales

Article 7-Campaign sales is the sale made by accepting the participation of the campaigns organized by the announcement to the consumer through newspapers, radio, television and similar ways, and by delivering or performing the goods or services 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 company guarantee, guarantee to be deposited and procedures and principles that should be followed in sales with campaign sales.

In the event that the delivery or execution of the advertised and pledged goods or services is not carried out properly, the seller, provider, dealer, agent, manufacturer-manufacturer, importer and lender according to the fifth paragraph of Article 10 are liable.

After the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay all the price paid by the consumer until that moment, provided that the goods or service is not passed to the consumer.

The organizer of the campaign must provide a copy of the contract, which includes information about the "campaign end date" and "the date and manner of delivery or fulfillment of the goods or service" in addition to the information specified in the second paragraph of Article 6/A in the written contract to be held in the campaign sales.

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

In the campaign sales, the delivery or service period of the goods cannot exceed twelve months. For residential and vacation immovable property, this period is thirty months.

In the event that the consumer fulfills all of the payments, 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.

The provisions of Article 6/A are also applied in sales with campaign installments.
Sale Through the Door
Article 8-Sales from the door; They are sales made outside sales venues such as workplace, fair and fair.

The Ministry determines the qualifications to be sought in those who will sell through the door, the application procedures and principles for door sales that are subject to this Law and not, and door sales.

In such sales; The consumer is free to accept the goods within seven days from the date of receipt or to reject it without any justification and without any obligation. In the sale of services, this period begins from the date of signing the contract. Before this period is up, the seller or provider cannot ask the consumer to pay under any name or provide any documents that put them in debt in return for the goods or services subject to the door sale transaction. The seller is obliged to receive the goods back within twenty days from the moment the withdrawal notice has reached him.

The consumer is not responsible for the changes and deterioration of the goods due to the habitual use of the goods.
Article 6/A is applied for door sales made in installments, and Article 7 provisions for open door sales are applied separately.
Obligation of the Seller and Provider in Sales Through the Door
Article 9-In the door sales contracts, in addition to the other elements that should be in the contract, descriptive information regarding the quality and quantity of the goods or service, the open address where the withdrawal notice will be made, and the following phrase written in at least sixteen points and dark black letters:

We undertake to withdraw the goods or service within seven days from the date of the contract of receipt of the consumer without any legal and criminal liability or justification, or within seven days from the date of signing the contract, and we undertake to retrieve the property from the date of the withdrawal notification to the seller/provider.

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

It belongs to the seller or provider to prove that a contract regulated in accordance with the provisions of this article and the delivery of the goods to the consumer. Otherwise, the consumer is not bound by the seven-day period to exercise his right of withdrawal.
Distance Contracts
Article 9/A-Distance contracts; They are contracts that are made in written, visual, telephone and electronic environment or using other means of communication and without confrontation with consumers, and the immediate or subsequent delivery or execution of the goods or service to the consumer.

Before the contract of the distance sales contract, it is necessary to give the consumer the information, the details of which will be determined by the notification to be issued by the Ministry. The contract cannot be contracted unless the consumer confirms in writing that they have acquired this information. In electronic contracts, the confirmation process is done electronically.

The seller and the provider fulfill the order within thirty days from the moment the consumer receives the order to him. This period can be extended to a maximum of ten days, provided the consumer is notified in writing in advance.

The seller or provider is obliged to prove that the delivery of non-material goods or services delivered to the consumer electronically was made without any mistake.

Apart from the provisions that the consumer cannot be asked to pay under any name in return for the goods or services subject to the contract during the right of withdrawal, the provisions regarding door sales are also applied to distance contracts.

The seller or provider is obliged to return the price received within ten days from the date of the withdrawal notice, the valuable documents and any documents that put the consumer into debt due to this legal transaction, and to recover the goods within twenty days.

Consumer Credit
Article 10-A consumer loan is a loan that consumers receive in cash from the lender for the purpose of obtaining a good or service. It is imperative that the consumer loan agreement be concluded in writing and a copy of this agreement is issued to the consumer. The loan terms stipulated in the contract concluded between the parties cannot be changed against the consumer within the contract period.

In the contract;
A) The amount of consumer credit,
B) the total amount of debt with interest and other elements,
C) The annual rate at which the interest is calculated,
D) payment plan, where payment dates, principal, interest, funds and other expenses are specified separately,
E) Guarantees to be requested,
F) The rate of delay interest not exceeding thirty percent of the current interest rate,
G) The legal consequences of the debtor's default,
H) Conditions for closing the loan before maturity,
I) If the loan is used in foreign currency, then the calculation of the installments for the repayment and the total loan amount will be considered in the calculation of the installments for repayment and the total loan amount.

If the lender has reserved the right to demand the performance of all the remaining debt if one or more of the installments are not paid, this right; It can only be used if the lender has performed all of its works and if the consumer defaults at least two successive installments. However, in order for the lender to exercise this right, it must give a warning of at least a week. In cases where personal collateral is provided as the guarantee of the consumer loan, the lender cannot ask the guarantor to carry out the debt without applying to the main borrower.

The consumer can pay the total amount borrowed to the lender in advance, as well as make one or more installment payments that are not due. In both cases, the lender is obliged to make the necessary interest and commission reduction according to the amount paid. The Ministry determines the procedures and principles of how much the required interest and commission reduction will be made according to the amount paid.

If the lender grants the consumer loan on the condition of the purchase of a certain brand of goods or services or a sales contract with a particular seller or provider, if the goods or service sold at all or if the goods or service is not delivered or performed on time or performed on time.

It is forbidden for the lender to link the payments to a valuable document or to guarantee the loan by accepting valuable documents. Despite this ban, if a valuable document is received from the consumer, the consumer has the right to request this valuable document back from the lender. In addition, the lender is obliged to compensate the damage suffered by the consumer due to the turnover of valuable documents.
Credit Cards
Article 10/A-Loans that convert into cash loans as a result of the purchase of goods or services with credit cards or used by cash withdrawal are also subject to the provisions of Article 10. However, the provisions of the fourth paragraph (a), (b), (h) and (i) of the second paragraph of Article 10 are not applied on such loans.

The periodic statements sent by the lender to the consumer are under the provision of the payment plan stipulated in clause (d) of the second paragraph of Article 10. If the minimum payment amount in the periodic statement is not paid at maturity; The consumer cannot be placed under any name other than the delay interest in clause (f) of Article 10.

The lender has to notify the consumer about the rate hike thirty days in advance. The interest rate raised by the lender cannot be applied retrospectively. If the consumer pays all the debt and stops using credit within sixty days at the latest from the notification date, it will not be affected by the increase in interest.

In cases where the goods or service is purchased by credit card, the seller or provider cannot ask the consumer to make additional payments under a commission or similar name.

Periodicals

Article 11-In cases where a second product and/or service other than the periodical through ticket, coupon, subsidiary number, game, lottery and so on, for whatever purpose and form, it is undertaken; book, magazine, encyclopedia, poster, flag, poster, No commitment and distribution of goods or services can be made except cultural products that do not contradict the purposes of periodical publishing, such as verbal or video magnetic tape or optical disc. If a campaign is organized for this purpose, the campaign period cannot exceed sixty days. A part of the cost of goods or services subject to the campaign may not be requested to be covered by the consumer.

Periodic broadcaster, in advertising and advertisements of the campaign, the issue of the goods or service in Turkey to declare the program for the delivery and performance of the goods or service in general Turkey and the campaign issue goods or service, has to fulfill within thirty days from the end of the campaign.

During the campaign, the selling price of the periodical cannot be increased due to the cost increase caused by the goods or service, which is committed to be given as a second product. The subject of the campaign cannot be made by dividing the commitment and distribution of goods or services, and the integral or complementary parts of this good or service cannot be made a separate campaign issue. In the application of this Act, transactions regarding each good or service that is committed to be given as a second product are considered an independent campaign.

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

Subscription Agreements

Article 11/A-Consumers who are parties to all kinds of subscription agreements can unilaterally end their subscriptions, provided that they inform the seller in writing.

The seller is obliged to fulfill the consumer's request to discontinue the subscription no later than seven days from the date of receipt of the written notice to him.

The request to end the term subscription; It comes into force after fifteen days in daily publications, one month in weekly publications, three months in monthly publications from the date of the written notification to the seller. In longer-term publications, the first publication after the notification is put into effect.

The seller is obliged to return the remaining part of the subscriber fee within fifteen days with no deductions.

Price Tag

Article 12-It is necessary to put a label containing the price, place of production and separator characteristics, including all taxes related to the price, place of production and separator characteristics, including all taxes related to that good, and in cases where it is not possible to put a label, it is necessary to hang it in appropriate places.

Lists showing the tariffs and prices of the services are also arranged according to the first paragraph and hung.

If there is a difference between the price specified in the label, price and tariff lists, the price is sold at the price that is in favor of the consumer.

Price; Goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions are prohibited for sale at a price above this specified price.

The Ministry regulates the form, content, procedure and principles of label and tariff lists with a regulation. The Ministry and municipalities are separately charged with carrying out the work of the implementation and monitoring of the provisions of this article.

Warranty Certificate

Article 13-The manufacturer or importers must issue a Ministry-approved guarantee certificate for the industrial goods they import or produce. The responsibility of the guarantee certificate containing the date and number of the invoice for the goods and giving it to the consumer lies with the seller, dealer or agent. The warranty period starts from the date of delivery of the goods and is a minimum of two years. However, due to its feature, the warranty terms of some goods can be determined by the Ministry with another unit of measurement.

Seller; If the goods within the warranty period fail during the warranty period, the goods are obliged to be repaired without any charge under the labor cost, the modified part price or any other name.

If the consumer has used the right to repair, he can use the other electoral rights in Article 4, if the inability to benefit from the goods due to its frequent failure during the warranty period or if it is understood that the maximum time required for repair is exceeded or that it is not possible to repair it. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agent, manufacturer and importer are mutually responsible.

The failures caused by the consumer using the goods against the issues in the instruction manual are outside the scope of the provisions of two and three.

The Ministry is tasked with the determination and announcement of which industrial goods have to be sold with a guarantee certificate and the maximum time required for the repair of these goods by taking the opinion of the Turkish Standards Institute.

Introduction and Use Guide

Article 14-It is mandatory to sell industrial goods produced or imported domestically with the Turkish guide on the promotion, use, maintenance and simple repair of industrial goods produced or imported domestically, and when necessary, the label covering international symbols and signs.

The Ministry is in charge of identifying which of the industrial goods have to be sold with the introduction and user manual and label, and the minimum elements that should be found in them by taking the opinion of the Turkish Standards Institute.

After Sales Services

Article 15-Manufacturers or importers have to provide maintenance and repair services for the industrial goods they sell, produce or import, for the industrial goods they sell, produce or import. The amount of spare parts stock that manufacturers or importers must have is determined by the Ministry.

In the event of the importer's business operation in any way, the new importer of that commodity must offer maintenance and repair services during its lifetime.

The Ministry is tasked with determining and announcement of the procedures and principles of the establishment and operation of service stations by taking the opinion of the Turkish Standards Institute for which goods it is mandatory to establish service stations.

In the event that an industrial goods that must be sold with a guarantee certificate fails after the warranty period, it is mandatory to repair that commodity within the maximum repair period determined by the Ministry.

Commercial Advertising and Classifieds

Article 16-It is essential that commercial advertising and advertisements are honest and correct in accordance with the laws, the principles determined by the Advertising Board, general morality, public order, personal rights.

Advertising and advertisements that deceive the consumer, deceiving or exploiting the consumer's lack of experience and knowledge, endangering the consumer's life and property, encouraging violent acts and committing crimes, disrupting public health, exploiting the patients, the elderly, children and the disabled, and veiled advertising cannot be made.

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

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.