LAW ON CONSUMER PROTECTION
Law Number: 4077
Law Adoption Date: 23/02/1995
Official Gazette Date of Publication: 08/03/1995
Official Gazette Published: 22221
PART ONE: OBJECTIVE, SCOPE, DEFINITIONS
Article 1 - The purpose of this Law is (...) to take measures to protect, enlighten, educate, compensate for harm, protect the health and safety and economic interests of the consumer in accordance with the public interest and protect them from environmental dangers, and to encourage consumers to protect themselves and to formulate policies in this regard to regulate issues related to encouraging voluntary organizations.
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.
Article 3 - (Amended article: 06/03/2003 - 4822 S.K./3. Art.)
In the application of this Law;
a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods, residential and holiday immovable properties and software, sound, image and similar intangible goods prepared for use in electronic media,
d) Service: Any activity other than providing goods for a fee or benefit,
e) Consumer: A real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
f) Seller: Real or legal persons who offer goods to consumers within the scope of their commercial or professional activities, including public legal entities,
g) Provider: Real or legal persons who provide services to consumers within the scope of their commercial or professional activities, including public legal entities,
h) Consumer transaction: Any legal transaction 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 mark, trademark or title on the goods,
j) Importer: Real 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 from abroad,
k) Lender: Banks, special finance institutions and financing companies authorized to give cash loans to consumers in accordance with their legislation,
l) Advertiser: Real or legal person who publishes, distributes or exhibits in other ways advertisements that include the company or the brand of goods / services, which he has prepared for the promotion of the goods / services he produces or markets, to increase his sales or to create and strengthen his image,
m) Advertiser: Commercial communication expert 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: Real or legal person who is the owner, operator or tenant of communication channels or all kinds of vehicles that deliver commercial advertisements or advertisements to the target audience,
o) Technical regulation: The characteristics of a product and service, including the relevant administrative provisions, processing and production methods, related terminology, symbol, packaging, marking, labeling and conformity assessment procedures are specified in the Official Gazette by the relevant Ministry. All kinds of mandatory regulations, including the standards that are published and enforced,
p) Consumer organizations: The association, foundation or their higher organizations established for the protection of the consumer.
r) (Annex clause: 21/02 / 2007-5582 S.K./21.
PART TWO: PROTECTION AND LIGHTING OF THE CONSUMER
Article 4 - (Amended article: 06/03/2003 - 4822 S.K./4. Art.)
It is contrary to the quantity that affects the quality or quality that is included in its packaging, label, promotion and user manual or advertisements and advertisements, or that affects the quality or quality declared by the seller or determined in the standard or technical regulation, or that reduces or eliminates the value or the benefits expected by the consumer in terms of allocation or use Goods containing financial, legal or economic deficiencies are considered defective goods.
The consumer is obliged to report the defect to the seller within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including the return of the price, to replace the goods with the same amount without defects, 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. The consumer, together with one of these optional rights, causes death and / or injury caused by the defective goods and / or the other In cases that cause damage to goods, it also has the right to demand compensation from the manufacturer-producer.
(Amended clause: 21/02 / 2007-5582 SK / Art.22.) Manufacturer-producer, seller, dealer, agent, importer and lender according to the fifth paragraph of Article 10 or the ninth paragraph of Article 10 / B, from defective goods and the consumer It is jointly responsible for the optional rights contained in this article. According to the ninth paragraph of Article 10 / B, the responsibility of the mortgage institution that gives credit is limited to a period of 1 year from the date of delivery and the amount of the loan it has provided. Even in the event that the loans granted by the housing finance institutions in accordance with the ninth paragraph of Article 10 / B are transferred, the responsibility of the lending housing finance institution continues. The institution taking 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 responsible. Not knowing that the product sold is defective does not eliminate this responsibility. * If those who are held responsible for the defect with this article have not assumed responsibility for the defect for a longer period, 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 occurs later. This period is five years for residential and leisure immovable properties. Claims for any damages caused by defective goods are subject to a three-year statute of limitations. These demands disappear ten years later, starting from the day the damaging product is placed on the market. However, if the defect of the goods sold is hidden from the consumer by the seller's severe fault or fraud, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is obligatory to put a label on the defective goods to be offered for sale or on its packaging, with the phrase "disabled" in a way that the consumer or the seller can easily read it. It is not obligatory to put this label in places where only defective goods are sold or where a part such as a floor or a section is constantly allocated to the sale of defective goods in a way that the consumer can know. The fact that the good is defective is indicated on the invoice, receipt or sales document given to the consumer.
Unsafe goods, even if the label be placed on the market is impaired. The provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are applied to these products.
These provisions are also applied to all kinds of consumer transactions related to the sale of goods.
Article 4 / A - (Additional article: 06/03/2003 - 4822 S.K./5.art.)
Services that are contrary to the quantity affecting the quality or quality determined in the standard or technical rule in the advertisements and advertisements declared by the Provider or that reduce or eliminate the value or the benefits expected by the consumer for the purpose of benefit are considered as defective services.
The consumer is obliged to report this defect to the provider within thirty days from the date of the service. In this case, the consumer has the right to withdraw from the contract, to see the service again or to discount the price at the rate of the fault. If the termination of the contract by the consumer cannot be justified as a requirement of the situation, it is satisfied with a discount from the price. The consumer, along with one of these optional rights, 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.
The provider, the dealer, the agency and the creditor according to the fifth paragraph of Article 10 are jointly liable for any damage caused by the defective service or the defective service and for the optional rights of the consumer in this article. Not knowing that the service provided is defective does not eliminate this responsibility.
If a warranty is not given for a longer period, even if the defect occurs later, claims for defective service are subject to a two-year statute of limitations from the performance of the service. Claims for any damages caused by the defective service are subject to a three-year statute of limitations. However, if the fault of the service provided is hidden from the consumer by the heavy fault of the provider or fraudulent activity, the limitation period cannot be used.
Except for the provisions regarding liability for damages caused by defective service, the above provisions do not apply to services acquired by knowing that they are defective.
These provisions are also applied to all kinds of consumer transactions related to providing services.
Article 5 - (Amended article: 06/03/2003 - 4822 S.K./6. Art.)
A good without the phrase "sample" or "not for sale"; The seller cannot avoid the sale of these goods if they are displayed on the showcase, shelf or any other clearly visible place of a commercial establishment.
It is unavoidable to provide services without a justifiable reason.
Unlike a custom, commercial custom or If not, the seller cannot make the sale of a good or service dependent on conditions such as the quantity, number or size determined by that good or service itself or the purchase of another good or service.
This provision is also applicable to contracts for the sale of other goods and service provision.
UNAUTHORIZED TERMS OF THE CONTRACT
Article 6 - (Amended article: 06/03/2003 - 4822 S.K./7. Art.)
The contract terms that the seller or the provider have unilaterally put into the contract without negotiating with the consumer, causing an imbalance against the consumer in the rights and obligations of the parties arising from the contract, contrary to the rule of good faith are unfair conditions.
The unfair terms in any contract created by the consumer, one of the parties, are not binding for the consumer.
If a contract term has been prepared in advance and could not affect the consumer content, especially because it is included in the standard contract, it is accepted that the contract term has not been negotiated with the consumer.
If, from the evaluation of the contract as a whole, it is concluded that it is a standard contract, the negotiation of certain elements or an individual provision of a term in this contract does not prevent the application of this clause to the remainder of the contract.
If a vendor or provider claims that a standard requirement has been discussed individually, the burden of proof lies with him.
Consumer contracts foreseen to be arranged in writing in articles 6 / A, 6 / B, 6 / C, 7, 9, 9 / A, 10, 10 / A and 11 / A are at least twelve points and in bold black letters and must be included 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 for determining unfair terms in standard contracts and ensuring that they are removed from the text of the contract.
SALE IN INSTALLMENTS
Article 6 / A - (Additional article: 06/03/2003 - 4822 S.K./8. Art.)
Sales in installments is a type of sale in which the sales price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.
It is obligatory to make a written sales agreement in installments. The minimum conditions that must be included in the contract are shown below:
a) Name, title, full addresses and access information of the consumer and seller or provider,
b) The cash sale price of the good or service in Turkish Lira, including taxes,
c) Total sales price in Turkish Lira to be paid with interest according to maturity,
d) Default interest rate, not exceeding thirty percent of the interest amount, the annual rate at which the interest is calculated and the interest rate specified in the contract,
e) Down payment amount,
f) Payment plan,
g) Legal consequences of the debtor's default.
The seller or 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 voucher as negotiable document is to be issued separately from the contract, this deed shall be issued separately for each installment payment and only in written form. Otherwise, the bill of exchange is invalid.
In installment sales; the consumer has the right to prepay the total amount owed. The consumer may also pay one or more installments, provided that it is not less than one installment amount. In both cases, the seller is obliged to make the necessary interest rate cut according to the amount paid.
If the seller or the provider reserves the right to demand the fulfillment of all of the remaining debt if one or more of the installments are not paid, this right; However, it can be used if the seller or the supplier has fulfilled all of their actions and the consumer defaults in paying at least two consecutive installments and the total unpaid installments are at least one tenth of the sales price. However, in order for the seller or the provider to exercise this right, they must give a notice of expiry at least one week.
Contract terms can not be changed in any way against the consumer.
Article 6 / B - (Additional article: 06/03/2003 - 4822 S.K./9. Art.)
Timeshare agreements are made for at least three years and include a commitment to transfer or transfer the right of use of one or more immovables for a certain or determined period within the year and not less than a week, and a copy must be given to the consumer, written contract or group of contracts.
The Ministry determines the procedures and principles for timeshare agreements.
Article 6 / C - (Additional article: 06/03/2003 - 4822 S.K./10.art.)
Package tour contracts; Transportation, accommodation and other touristic services that are not considered as ancillary to them, are pre-arranged written contracts that are sold or promised to sell at an all-inclusive price, and the service is for more than twenty-four hours or includes overnight accommodation and a copy of which must be given to the consumer.
Procedure and e for package tour contracts The Ministry determines the sas.
Article 7 - (Amended article: 06/03/2003 - 4822 S.K./11. Art.)
Campaign sale is the sale made by accepting as a participant in the campaigns organized by announcing to the consumer through newspapers, radio, television advertisements and similar ways, and the subsequent delivery or performance of the goods or services.
Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales will be subject to authorization, prepayment, installment amount, delivery time, manufacturer's guarantee, guarantee to be deposited, and the procedures and principles to be followed in campaign sales.
(Amended clause: 21/02 / 2007-5582 SK / Art.23.) In the event that the delivery or performance of the promised goods or services is not or is not made properly, the seller, supplier, dealer, agency, manufacturer-producer, importer and According to the fifth paragraph of Article 10, the lender is jointly responsible. In the event that the delivery of the announced and promised house is not made properly or on time, according to the ninth paragraph of Article 10 / B, together with the lender, seller, supplier, dealer, agency, manufacturer-producer, importer, severally is responsible. Even in the event that the loans granted by the housing finance institutions in accordance with the ninth paragraph of Article 10 / B are transferred, the responsibility of the lending housing finance institution continues. The institution taking 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 all the price that the consumer has paid so far, provided that the goods or services are not exceeded by the delivery date to the consumer.
The organizer of the campaign is obliged to give a copy of the contract to the consumer, which includes information on the "campaign end date" and "the date and method of delivery or fulfillment of the goods or services" in addition to the information specified in the second paragraph of Article 6 / A, in the written contract to be arranged for the sales with the campaign.
Unless otherwise agreed in the contract, the amount of the prepayment cannot exceed forty percent of the sales price of the goods or services.
Delivery of the goods or performance of the service cannot exceed twelve months in campaign sales. This period is thirty months for residential and leisure immovable properties.
In case the consumer fulfills all the actions regarding the payment, the delivery of the goods or the performance of the service must be made within one month at the latest after the end of the payment.
The provisions of article 6 / A are also applied in installment sales with a campaign.
Article 8 - (Amended article: 06/03/2003 - 4822 S.K./12. Art.)
Selling through the door; These are sales made outside of sales venues such as workplaces, fairs and fairs.
The Ministry determines the qualifications to be sought in those who will make door-to-door sales, the application procedures and principles regarding door-to-door sales and door-to-door sales that are subject to this Law and not.
In this type of 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 liability. In the sale of services, this period starts from the date the contract is signed. Before the expiry of this period, the seller or the supplier cannot ask the consumer to pay under any name or to give any document that puts them under debt in return for the goods or services subject to door-to-door sales. The seller is obliged to take back the goods within twenty days from the time of receipt of the notice of withdrawal.
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 door-to-door sales with a campaign are also applied.
THE LIABILITY OF THE SELLER AND THE PROVIDER IN DOOR SALES
Article 9 - (Amended article: 06/03/2003 - 4822 S.K./13. Art.)
In door-to-door contracts, in addition to the other elements that must be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the open address where the withdrawal notification will be made, and the following statement in bold black letters and at least sixteen points must be included:
We undertake that the consumer has the right to withdraw from the contract by refusing the product or service within seven days from the date of receipt or signing of the contract without any legal and criminal liability and without any justification, and to take back the goods from the date of receipt of the withdrawal notification to the seller / provider.
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 arranged in accordance with the provisions of this article and the goods have been delivered to the consumer belongs to the seller or the supplier. Otherwise, the consumer is not bound by a seven-day period to exercise his right of withdrawal.
Article 9 / A - (Additional article: 06/03/2003 - 4822 S.K./14. .)
Distance contracts; These are the contracts that are made by using written, visual, telephone and electronic media or other communication tools and without confronting the consumers, and the delivery or execution of the goods or services to the consumer immediately or later.
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 a notification issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he / she has obtained this information. Confirmation of contracts made in electronic environment is done electronically.
The seller and the provider fulfill their actions within thirty days from the moment the consumer receives the order. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing.
The seller or the provider is obliged to prove that the delivery of intangible goods or services delivered to the consumer in electronic environment is made without any defects.
During the right of withdrawal, the provisions regarding door-to-door sales are also applied to distance contracts, except for the provisions that the consumer cannot be asked to pay under any name or give any document that puts them under debt in return for the goods or services subject to the contract.
The seller or the provider is obliged to return the price, valuable documents and any documents that put the consumer under debt due to this legal transaction within ten days from the date of receipt of the withdrawal notification and to take back the goods within twenty days.
Article 10 - (Amended article: 06/03/2003 - 4822 S.K./15. Art.)
A consumer loan is a loan that consumers receive in cash from a lender to purchase a good or service. It is obligatory to make the consumer loan agreement in writing and to give a copy of this agreement to the consumer. The loan 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) Total debt 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 separately specified,
e) Guarantees requested,
f) Default interest rate not exceeding thirty percent of the contractual interest rate,
g) The legal consequences of the debtor's default,
h) Conditions regarding the closing of the loan before its maturity,
ı) In case the loan is used in foreign currency, the conditions regarding the date at which exchange rate will be taken into account in the calculation of the installments for repayment and the total loan amount,
If the lender reserves the right to demand the fulfillment of all of the remaining debt if one or more of the installments are not paid, this right; can only be used if the lender has fulfilled all of its actions and the consumer defaults on paying at least two consecutive installments. However, in order for the lender to use this right, he must give at least one week to give an expiry warning. In cases where personal collateral is given as collateral for the consumer loan, the lender cannot request the performance of the debt from the guarantor without applying to the principal debtor.
The consumer may pay the total amount owed to the lender in advance, as well as make one or more undue installments. In both cases, the lender is obliged to make the necessary interest and commission deduction according to the amount paid. The Ministry determines the procedures and principles of the rate of interest and commission reduction according to the amount paid.
In the event that the lender 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 provider, the seller or supplier against the credit granting consumer in the event that the sold good or service is not delivered or executed on time. becomes jointly responsible.
It is forbidden for the lender to bind the payments to a negotiable document or to secure the loan by accepting negotiable instruments. In spite of this prohibition, if a negotiable document is received from the consumer, the consumer has the right to request this valuable document from the lender. In addition, the lender is obliged to compensate the consumer for the loss caused by the endorsement of the negotiable document.
Article 10 / A - (Additional article: 06/03/2003 - 4822 S.K./16. Art.)
Loans that are converted into cash loans as a result of purchasing goods or services by credit card or used by cash withdrawal by 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 for such loans.
Periodic account statements sent to the consumer by the lender are in the effect of the payment plan stipulated in the subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount included in the periodic statement is not paid on time. to; The consumer cannot be liable under any name other than the default interest specified in clause (f) of Article 10.
The lender must notify the consumer of the increase in interest thirty days in advance. The interest rate increased by the lender cannot be applied retrospectively. If the consumer pays off all debt and stops using the loan within sixty days at the latest from the date of notification, it is not affected by the interest rate increase.
In cases where the goods or services are purchased by credit card, the seller or supplier cannot ask the consumer to make additional payments under a commission or a similar name.
HOUSING FINANCING CONTRACTS
Article 10 / B - (Additional article: 21/02 / 2007-5582 S.K./24.mad.)
Housing finance institutions are obliged to provide consumers with general information about credit or financial leasing transactions prior to the contract, and to provide a Pre-Contract Information Form containing the terms of the loan or lease contract they offer to the consumer. Consumers are free to accept or reject the offer.
The scope of the general information to be provided by the housing finance institutions and the standards of the Pre-Contract Information Form are determined by the Ministry by taking the opinions of the relevant associations. The contract signed before one business day following the delivery of the Pre-Contract Information Form to the consumer is invalid.
It is obligatory that housing finance contracts are made in writing and a copy of this contract is given to the consumer. The terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.
If the debtor goes into default, the housing finance institution is obliged to notify the debtor by registered mail within five working days from the date of default.
If the housing finance institution reserves the right to demand the fulfillment of the entire remaining debt in the event that repayments are not made, this right can only be used if the consumer defaults on at least two consecutive payments. In order for the housing finance institution to use this right, it must give a period of at least one month and give a warning of due time.
In financial leasing transactions, following the expiration of the period given in the consumer due notice, if the housing finance institution terminates the financial lease agreement to use its right to fulfill the remaining debt, it is obliged to put the house up for sale immediately. Before the sale, the housing finance institution shall have the persons or institutions authorized in accordance with the subparagraph (r) of the first paragraph of Article 22 of the Capital Market Law numbered 2499 for appraisal. Appreciated 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 appreciated value. The consumer is responsible for the part 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 exceeding part 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 finance.
Following the realization of the sale of the house and the payment of the excess of the remaining debt to the consumer, the consumer or 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 can apply for enforcement action against the consumer or third parties holding the possession in accordance with the 26th and 27th Articles of the Enforcement and Bankruptcy Law No.2004, if the possession has been transferred.
In cases where personal security is given as collateral for the financing used, the housing finance institution cannot request the execution of the debt from the guarantor without applying to the principal debtor and other guarantees.
In the case of the loan-lending housing finance institution in the transactions arising from the housing finance defined in the first paragraph of Article 38 / A of the Capital Market Law No. 2499, if the loan is purchased on the condition of the purchase of a certain house or a sales contract to be made with a certain seller, the house is not delivered at all or on time together with the seller who gives the loan, it becomes severally responsible to the consumer for the amount of the loan granted. Even in the event that the loans given by the housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed securities coverage pools, the responsibility of the lending housing finance institution continues. The institution that took 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 document or to secure them by accepting valuable documents. In spite of this prohibition, if a negotiable document is received from the consumer, the consumer has the right to request this valuable document back from the housing finance institution. Also, housing The financing institution is obliged to compensate the loss of the consumer due to the transfer of the valuable documents to someone else.
The part of the repayment amounts in loans and the rental fees in financial leasing transactions exceeding the principal is accepted as interest within the scope of this article.
As stated in the contract, the interest rate in housing finance loans and financial leasing transactions can be determined by using fixed, variable or both methods for the same loan. If the rate is 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 variable, the rate determined in the contract at the beginning can be changed on the basis of a widely accepted and widely used index in the country or abroad, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount to be determined in the contract at the beginning. If the rates are determined as variable, it is necessary to inform the consumers about the possible effects of this method. Can be used for this purpose reference interest rates and indexes Central Bank of the Republic of Turkey, principles and procedures of informing consumers about the methods determined by the Ministry.
The consumer can pay the total amount borrowed to the housing finance institution in advance, as well as make one or more payments before maturity. In both cases, the housing finance institution is obliged to make the necessary interest rate cut for installments paid before maturity. The provisions of the relevant regulation issued by the Ministry are applied in the calculation of the required interest reduction according to the amount paid and the annual cost rate of the loan to the consumer.
In case the interest rate is fixed, an early payment fee may be requested from the consumer by the housing finance institution if one or more payments are made before the due date, as included in the contract. The prepayment fee cannot exceed two percent of the amount calculated by making the necessary interest reduction and paid early by the consumer to the housing finance institution. If the rates are determined as variable, the consumer cannot be charged an early payment fee.
At least the following elements must be included in housing finance contracts:
a) Loan amount for housing loan agreements, total rental amount for financial leasing agreements,
b) Information about the house on which the mortgage has been established for loan agreements, and the property subject to financial leasing for financial leasing agreements,
c) Annual interest rate and annual cost rate (annual interest rate and annual cost rate are calculated separately for initial and maximum interest rates in contracts with variable interest rates),
d) The distribution of the total debt amount in terms of principal, interest and other expenses (total debt amounts to be calculated on the basis of the initial interest rate or rental value and the maximum interest rate or rental amount in variable rate contracts)
e) The index and the method of calculating the change in interest rate or rental prices based on variable interest contracts,
f) The payment plan prepared periodically for the first year and annually for the remaining years, including the principal paid, interest paid, other expenses, remaining principal, repayment or rent for the relevant periods (In variable interest contracts, using initial and maximum interest rates Two separate payment plans are created.),
g) The number of repayment or rent payments, payment dates, when the payments will be made in case the determined payment date is on official holidays, the first and last payment dates,
h) Guarantees requested,
i) In case of default in payments, default interest rate not exceeding thirty percent of the contractual interest rate (current interest rate in variable rate contracts) for loan agreements, delay interest rate to be applied for financial leasing agreements,
j) The legal consequences of the debtor's default,
k) Conditions for making loan repayments or lease payments before maturity and principles for calculating early payment fees for fixed-rate contracts,
l) In case the loan or rental fees are determined in a foreign currency, the conditions regarding the date of consideration when calculating the rent and repayment amounts and the total debt amount,
m) Circumstances that may require an appraisal of the property subject to the contract, and by whom the appraisal can be made,
n) Insurance information regarding the dwelling subject to the contract, if any.
In the periodic payment receipts to be sent to the consumer, the distribution of the payments as stated in the clause (d) of the fifteenth paragraph and the remaining debt amount are included.
In the implementation of this article, real person partners of housing building cooperatives are considered consumers.
Article 11 - (Amended article : 06/03/2003 - 4822 S.K./17. md.)
In cases where there is a commitment to provide a second product and / or service other than the periodical by means of tickets, coupons, affiliate numbers, games, sweepstakes and similar means organized by periodicals and for whatever purpose; No goods or services can be committed or distributed except for cultural products that do not contradict the purposes of periodical publishing such as books, magazines, encyclopedias, banners, flags, posters, oral or visual magnetic tape or optical discs. If a campaign is organized for this purpose, the campaign period cannot exceed sixty days. A part of the price of the goods or services subject to the campaign cannot be requested by the consumer.
Serious broadcaster, advertising and ads in the campaign, campaign subject goods or deliver services throughout Turkey and to announce the program related to the execution date and campaign issue merchandise or service delivery and performance of, must meet within thirty days from the end of the campaign.
During the campaign, the sales price of the periodical cannot be increased due to the cost increase caused by the goods or services promised to be given as a second product. The commitment and distribution of the goods or services subject to the campaign cannot be made by dividing, and the integral or complementary parts of this good or service cannot be turned into a separate campaign subject. In the implementation of this Law, transactions regarding each good or service that is committed to be given as a second product are considered as an independent campaign.
Campaigns not organized by periodicals but directly or indirectly linked to periodicals are also subject to these provisions.
Article 11 / A - (Additional article: 06/03/2003 - 4822 S.K./18. Art.)
Consumers, who are parties to all kinds of subscription agreements, may unilaterally terminate their subscriptions, provided that they inform the seller in writing.
The seller is obliged to fulfill the consumer's request to terminate the subscription within seven days at the latest from the date of receipt of the written notification.
The request to end the subscription to serials; It enters into force after fifteen days in daily broadcasts, one month in weekly broadcasts, and three months in monthly broadcasts from the date of receipt of the written notice to the seller. For longer period publications, it is put into effect following the first publication after notification.
The seller is obliged to return the remaining part of the subscription fee within fifteen days without any deduction.
Article 12 - (Amended article: 06/03/2003 - 4822 S.K./19. Art.)
It is obligatory to put a label on the goods offered for retail sale or their packages or containers in an easily visible and readable manner, including the price, production location and distinctive features of the goods, and in cases where it is not possible to put a label, the lists containing the same information must be hung in appropriate places.
The lists showing the tariffs and prices of the services are arranged and posted according to the first paragraph.
If there is a difference between the price specified in the label, price and tariff lists and the cash register price, sales are made over the price in favor of the consumer.
Price; It is forbidden to sell the goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions at a price above this determined price.
The Ministry regulates the form, content, principles and procedures of labels and tariff lists with a regulation. The ministry and municipalities are separately responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.
Article 13 - (Amended article: 06/03/2003 - 4822 S.K./20. Art.)
Manufacturers or importers have to issue a Ministry-approved warranty certificate for the industrial goods they import or produce. It is the responsibility of the seller, dealer or agent to provide the consumer with the guarantee certificate containing the date and number of the invoice for the property. The warranty period starts from the date of delivery of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.
Seller; In the event that the goods covered by the warranty certificate break down within the warranty period, the goods are obliged to repair without any charge under the name of labor cost, replacement part price or any other name.
If the consumer has exercised his right to repair, he may use the other optional rights set forth in Article 4 in cases where the failure to benefit from the product due to frequent breakdowns within the warranty period or the maximum period required for its repair is exceeded or it is found that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are jointly responsible.
Malfunctions caused by the consumer's use of the goods contrary to the matters contained in the user manual were outside the scope of the provisions of paragraphs two and three. r.
The Ministry is in charge of determining and announcing which industrial goods have to be sold with a warranty certificate and the maximum periods required for the repair of defects of these goods, taking the opinion of the Turkish Standards Institute.
INTRODUCTION AND USER GUIDE
Article 14 - (Amended article: 06/03/2003 - 4822 S.K./21. Art.)
It is obligatory to sell industrial goods produced or imported domestically, with a Turkish manual on the promotion, use, maintenance and simple repair, and a label covering international symbols and signs when necessary.
The Ministry is in charge of determining and announcing which industrial goods have to be sold with the introduction and user manual and label, and the minimum elements that must be found in them, taking the opinion of the Turkish Standards Institute.
AFTER SALES SERVICES
Article 15 - (Amended article: 06/03/2003 - 4822 S.K./22. Art.)
Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, by having sufficient technical personnel and spare parts stock throughout the life of the product determined and announced by the Ministry.
The spare parts stock amount that manufacturers or importers should have is determined by the Ministry.
In the event that the importer's commercial activity ends in any way, the new importer of that good has to provide maintenance and repair services throughout its lifetime.
The Ministry is in charge of determining and announcing which goods are mandatory to establish service stations and the principles and procedures regarding the establishment and operation of service stations, taking the opinion of the Turkish Standards Institute.
In the event that an industrial product that has to be sold with a warranty certificate fails after the warranty period, it is obligatory to repair that product within the maximum repair period determined by the Ministry.
COMMERCIAL ADVERTISEMENTS AND ADVERTISEMENTS
Article 16 - (Amended article: 06/03/2003 - 4822 S.K./23. Art.)
It is essential that commercial advertisements and advertisements are in accordance with the laws, the principles determined by the Ad Board, general morality, public order, and personal rights, honest and correct.
Advertisements and advertisements that are deceiving, misleading or exploiting the lack of experience and knowledge of the consumer, endangering the life and property safety of the consumer, encouraging acts of violence and committing crimes, harming the public health, exploiting the patients, the elderly, children and the disabled 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.
Article 17 - (Amended article: 06/03/2003 - 4822 S.K./24. Art.)
To determine the principles to be followed in commercial advertisements and advertisements, 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 for up to three months and / or correction by the same method and / or fines An Advertisment Board is formed in charge of giving issues. Advertisements Board decisions are implemented by the Ministry.
Advertising Board determines the principles to be followed in commercial advertisements and announcements; In addition to country conditions, it also takes into account universally accepted definitions and rules in advertising.
Advertisement Board, chaired by the relevant General Manager to be appointed by the Minister;
a) One member to be appointed by the Ministry from among the relevant Deputy General Managers,
b) One member to be appointed by the Ministry of Justice from among the judges working in administrative duties in this Ministry,
c) Turkey Radio and Television Authority members to be appointed an expert in advertising,
d) A member to be selected by the Council of Higher Education from among university lecturers specialized in advertising,
e) A member who is a doctor to be assigned by the Central Council of the Turkish Medical Association,
f) A lawyer appointed by the members of the Bar Association of Turkey,
g), Turkey Union of Chambers and Commodity Exchanges will appoint four members from various sectors,
h) All member associations of journalists in Turkey will choose among themselves,
i) One member to be elected by the advertisers associations or, if any, their higher organizations,
j) One member to be elected by the Consumer Council from among the representatives of the consumer organizations participating in the Council or to be appointed by their higher organizations,
k) Turkey will appoint one member of the Union of Chambers of Agriculture,
l) Turkey will appoint one member of the Confederation of Tradesmen and Artisans,
m) One member from the Turkish Standards Institute,
n) One member from the Directorate of Religious Affairs,
o) One member from the Union of Turkish Engineers and Architects,
p) One member from the trade union confederations,
r) One member from confederations of civil servant unions,
h) Turkey Certified Public Accountant and Certified Public Accountants be appointed a member of the Union of Chambers,
t) One member to be elected by the Ankara, Istanbul and Izmir Metropolitan Municipalities among themselves, u) One member from the Turkish Pharmacists Association,
v) One member from the Turkish Dental Association,
y) (Supplementary clause: 27/05/2004 - 5179 S.K./34.mad) Two members each from the Ministry of Agriculture and Rural Affairs and the Ministry of Health,
It consists of twenty-five members, including one.
The term of office of the board members is three years. Those whose term has expired can be re-appointed or elected. If the membership becomes vacant for any reason, assignment or selection is made to the vacant places within one month, within the framework 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.
The Board, when deemed necessary, may establish special expertise commissions to serve on a permanent or temporary basis. Public personnel that the Board deems appropriate to serve in these commissions are assigned by the relevant public institutions.
The attendance fee to be paid to the members of the board and the members of the special expertise commission who are public officials and the attendance fee to be paid to the members of the board who are not public officers are determined by the Ministry in accordance with the approval of the Ministry of Finance.
The secretariat services of the Board are carried out by the Ministry.
Advertising Board decisions are announced by the Advisory Board in order to inform and enlighten the consumers and to protect their economic interests.
The duties, establishment, working procedures and principles of the Advertising Board and how the secretariat services will be performed are determined by a regulation to be issued by the Ministry.
HAZARDOUS AND DANGEROUS GOODS AND SERVICES
Article 18 - (Amended article: 06/03/2003 - 4822 S.K./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 about this situation are placed or written in a way that they can be clearly seen and read in order to use these goods safely.
The Ministry is in charge of determining and announcing which goods or services should carry explanatory information and warnings and the form and location of these information and warnings together with the relevant ministry and other organizations.
GOODS AND SERVICES INSPECTION
Article 19 - (Amended article: 06/03/2003 - 4822 S.K./26. Art.)
Goods and services offered to the consumer; It must comply with the mandatory technical regulation, including the standards that have been published in the Official Gazette by the relevant ministries.
Relevant ministries are charged with making or having inspections according to 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 - 4822 S.K./27. Art.)
The Ministry of National Education makes necessary additions to the curricula of formal and non-formal education institutions regarding the education of the consumer.
The procedures and principles regarding the organization of programs on radio and television in order to educate and raise the awareness of the consumer are determined and announced by the Ministry with the recommendation of the Consumer Council.
THIRD PART: CONSUMER ORGANIZATIONS CONSUMER COUNCIL
Article 2 - (Amended clause: 06/03/2003 - 4822 SK / 28. A "Consumer Council" is established under the coordination of the Ministry in order to forward it to be handled primarily by the relevant authorities.
(Amended clause: 06/03/2003 - 4822 SK / 28. Art.) The Consumer Council, under the chairmanship of the Minister or a ministry official to be appointed, Justice, Interior, Finance, National Education, Health, Transportation, 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, State Statistics Institute, Turkish Standards Institute, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Agency, the National Productivity Center, Ministry of Religious Affairs, a large city municipalities, the Turkish Union of municipalities representing the provincial municipalities, labor unions, associations, civil servants trade union confederations, Turkey Confederation of Employer Associations of Turkey National Cooperative Union, Council of Higher Education, Turkey Bar Association, Turkey Public Accountants Certified Public Accountants and Certified Public Accountants iirler Union of Chambers of Turkish Engineers and Architects Union of Chambers of Turkish Pharmacists' Association, the Turkish Medical Association, the Turkish Dental Association, Turkish Veterinary Medical Association, the Turkey Tradesmen and Artisans Confederation, Turkey Chambers and Stock Exchanges Union, Turkey Banks Union, Turkey Travel Agencies Union, Turkey Hoteliers Union, Turkey Union of Chambers of Agriculture, Consumption It consists of the representatives of the Central Union of Cooperatives, Ahi Research and Culture Foundation and 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 cannot be more than 50% of the total number of members of the Consumer Council. The Consumer Council meets at least once a year.
The working procedures and principles of the Consumer Council and other issues are regulated by a regulation to be issued by the Ministry.
CONSUMER PROBLEMS ARCHITECTURE
Article 22 - (Amended article: 06/03/2003 - 4822 S.K./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.
The arbitration committee for consumer problems carried out by the Directorate of Industry and Trade Provincial Director or an official to be appointed; one member to be appointed by the mayor from among the expert municipal staff, one member to be appointed from among the members of the bar association, one member to be appointed by the chamber of commerce and industry and the chambers of tradesmen and craftsmen, and one member to be elected by the consumer organizations. The member to be assigned by the chamber of commerce and industry or by the chambers of commerce and the chambers of tradesmen and craftsmen in the places where it is established separately, is assigned by the relevant chamber, depending on whether the person constituting the seller side of the dispute is a trader or a tradesman and craftsman.
In provinces and districts where the Ministry does not have a provincial organization, the presidency of the arbitration committee for consumer problems is carried out by the highest administrative authority or an official to be appointed. In places where there is no consumer organization, consumers are represented by consumption cooperatives. In places where the formation of the arbitration committee for consumer problems cannot be achieved, the missing memberships are filled ex officio by the municipal councils.
In the arbitration committees for consumer problems, at least one reporter is appointed to prepare the files that will be the basis for the work and decisions of the committee and to submit a report on the dispute.
In disputes with a value of less than five hundred million lira, it is mandatory to apply to the arbitration committees for consumer problems. In these conflicts, decisions made by the delegation obliges the sides. These decisions are fulfilled in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the orders. The parties can appeal against these decisions to the consumer court 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 can stop the execution of the decision of the arbitral tribunal for consumer problems through a measure. The decision of the consumer court upon the appeal against the decisions of the arbitration committee for consumer problems is final.
The decisions of the arbitration committees for consumer problems in disputes worth five hundred million lira and above can be put forward as evidence in consumer courts. The monetary limits on whether the decisions will be binding or as evidence 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 each year. This situation is announced by the Ministry in the Official Gazette in December every year.
All disputes, consumer problems, except for the penal sanctions in Article 25, are within the scope of the duties and powers of the arbitration committees.
The principles and procedures regarding the payment of the attendance fee or attendance fee given to the President and members of the Arbitration Committees for Consumer Problems and the rapporteurs shall be 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 indicator figure of 2000 with the monthly coefficient of civil servants.
The establishment of arbitration committees for consumer problems, their working procedures and principles and other issues are regulated in a regulation to be issued by the Ministry.
PART FOUR: PROVISIONS RELATING TO JUDICIAL AND CRIMINAL CONSUMER COURTS
Article 23 - (Amended article: 06/03/2003 - 4822 S.K./30. Art.)
Any disputes arising out of the implementation of this Law will be heard in consumer courts. The jurisdiction of the consumer courts is determined by the High Council of Judges and Prosecutors.
Lawsuits filed by consumers, consumer organizations and the Ministry before the consumer courts are exempt from all kinds of fees and charges. In lawsuits filed by consumer organizations, expert fees are covered by the Ministry from the appropriation foreseen in the budget according to article 29. In case 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 is recorded as revenue in the budget according to the principles set out in Article 29. Lawsuits to be held in consumer courts proceed according to the provisions of the Seventh Chapter, Fourth Chapter of the Code of Civil Procedure. tinder. *12*
Consumer lawsuits can also be opened at the court of residence of the consumer.
The Ministry and consumer organizations can file a lawsuit in consumer courts in order to eliminate the illegal situation due to the violation of this Law in cases that do not have an individual consumer problem and generally concern consumers.
Where necessary, consumer courts may decide to stop the violation for a measure. The cautionary decisions deemed appropriate by the Consumer Court shall be immediately announced by the Press Advertisement Institution in one of the newspapers published at the country level and also in a local newspaper published in the place where the case was filed, in order to be taken from the party whose costs were later found to be unfair and to be recorded in the budget according to the principles set out in Article 29. *12*
Consumer Court decisions regarding the elimination of the illegal situation shall be announced immediately with the same method, the cost of which is collected from the defendant.
SUSPENSION OF PRODUCTION, SALES AND COLLECTION OF GOODS
Article 24 - (Amended article: 06/03/2003 - 4822 S.K./31. Art.)
In the event that a series of goods offered for sale is defective, the Ministry, consumers or consumer organizations may file a lawsuit for the suspension of the production and sale of the defective serial goods and their seizure from those who hold them for sale.
If it is determined by a court decision that a series of goods offered for sale are defective, the sale of the goods is temporarily suspended. The manufacturer-manufacturer and / or importer company is warned in order to eliminate the defect of the product within three months at the latest from the date of notification of the court decision. If it is impossible to eliminate the defect of the good, the good will be collected or withdrawn by the manufacturer-manufacturer and / or importer. The goods collected are destroyed or destroyed partially or completely, depending on the risks they bear.
In the event that a series of goods offered for sale contains defects that endanger the safety of the consumer, the provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are reserved.
Consumers who buy defective goods have the right to file a lawsuit for material and moral damages.
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 are not applied.
GOODS THAT LOOK DIFFERENT FROM THEIR IT IS
Article 24 / A - (Additional article: 06/03/2003 - 4822 S.K./32. Art.)
Although they are not food products, it is forbidden to produce, market, import and export goods that appear different from what they are due to their shape, odor, appearance, packaging, label, volume or size and therefore endanger the health and safety of consumers by mixing with food products.
If the product is placed on the market, the provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are applied.
Consumers who buy goods that look different from what they are, reserve the right to sue for material and moral damages.
Article 25 - (Amended article: 06/03/2003 - 4822 S.K./33. Art.; Amended article: 23/01 / 2008-5728 S.K./476.mad)
Pursuant to the seventh paragraph of Article 6, those who violate the procedures and principles determined by the Ministry shall be fined an administrative fine of one hundred Turkish Liras for each contract found to be in breach.
In the procedures and principles determined by the Ministry in accordance with the sixth paragraph of article 4, article 5, article 6, paragraph 6, article 6 / A, article 6 / B, 6 / C, article 7, article 5, article 9, article 9 / A Those who violate each of the obligations stated 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 fined two hundred Turkish Liras.
An administrative fine of five hundred Turkish Liras is imposed on those who violate the obligations specified in the fourth and sixth paragraphs of Article 7 and in Articles 8 and 27.
Those who violate the procedures and principles determined and announced by the Ministry in accordance with the second paragraph of Article 20 are fined an administrative fine of one thousand Turkish Liras. If the violation is committed through 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 the Article 18, and four hundred Turkish Liras on the seller-supplier.
An administrative fine of five thousand Turkish Liras is given to those who violate the first paragraph of Article 19.
An administrative fine of ten thousand Turkish Liras is imposed on those who violate the Article 11. If the violation occurs through periodicals broadcasting at the country level, the penalty is applied as twenty times. The Ministry also requests the periodical broadcasting organization to stop the campaign and all kinds of advertisements and advertisements related to the campaign. In the event that the contradiction continues despite this request, an administrative fine of two hundred thousand Turkish Liras for each number-day starting from the date when the obligation to suspend the advertisement and advertisement is born. The Ministry, the campaign and the applies to the Consumer Court with a request for suspension of all kinds of advertisements and advertisements.
An administrative fine of up to three months or an administrative fine of six thousand Turkish Liras is imposed on those who act in violation of Article 16 by the Advertising Board, either together or separately, up to three months. If the violation of Article 16 is realized at the country level through written, oral, visual and other means, the administrative fine is applied ten times.
Those who violate the seventh and eighth paragraphs of Article 7 are fined in proportion to the invoice amount of the goods or services subject to the campaign. If the organizer of the campaign makes a refund when the consumer leaves the campaign, this penalty is not applied.
Those who violate the second paragraph of Article 7 are given a one-week period for organizing campaigns in accordance with the provisions of Article 7. At the end of this period, if it is determined that the violation continues, an administrative fine of eighty thousand Turkish Liras is imposed to those who act in violation of this provision and those who violate the obligations stated in articles 24 and 24 / A.
The fines specified in the above paragraphs are applied twice as much if the action is repeated within one year.
JURISDICTION, OBJECTION AND TIMEOUT IN PENALTIES
(Amended article: 23/01 / 2008-5728 S.K./477.mad)
The administrative sanctions in the first, fourth, seventh, eighth, ninth and tenth paragraphs of Article 25 are decided by the Ministry, and the administrative fines in the other paragraphs are decided by the local administrative authority.
The decisions regarding these sanctions are notified by the decision-making authority to the professional organization to which the relevant person is a member, within seven days.
A legal remedy is applied against administrative sanction decisions given in accordance with the provisions of this Law, in accordance with the provisions of the Administrative Trial Procedure Law No. 2577 dated 6/1/1982. However, the case is opened within fifteen days from the date of notification of the transaction in the administrative court. The fact that an action for annulment has been filed at the administrative court does not stop the execution of the decision.
FIFTH PART: AUDIT OF MISCELLANEOUS PROVISIONS
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 inspect, inspect and conduct research in places where all kinds of goods are placed and / or sold or served, such as factories, stores, shops, businesses, warehouses, and warehouses.
It is obligatory that all kinds of information and documents are shown correctly and original and certified copies are given to authorized and authorized persons and organizations in matters covered by this Law.
Article 28 - (Amended article: 06/03/2003 - 4822 S.K./35. Art.)
The Ministry can benefit from the laboratories of official and private institutions for the implementation of this Law, except for drug, preparation, cosmetics and foodstuff analyzes.
The samples taken during the inspections carried out by the Ministry can be tested and inspected in official or private institution laboratories. Test and inspection fees are covered by the allowance in article 29. In case the test and inspection results are against 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 Law No. 6183 on the Procedure for Collection of Public Receivables. The test and inspection fees collected are recorded as revenue in the budget according to the principles regulated in article 29. *12*
Article 29 - (Amended article: 06/03/2003 - 4822 S.K./36. Art .; Amended article: 14/07/2004 - 5217 S.K./7.mad) * 1 * * 2 *
The expenses related to the activities of the Advertising Board, the Consumer Council and the arbitration committees for consumer problems, the expenses of the Ministry for the purpose of consumer protection and other expenses and the procedures and principles, provided that they do not exceed 200% of the highest civil servant salary (including additional indicator), upon the approval of the Ministry of Finance. The additional payments to be made to the personnel in the amounts to be determined by the Ministry of Trade are met from the allocation to be placed in the budget of the Ministry.
For additional payments to be made to personnel (including contracted personnel), the provisions of Law No. 657 regarding salaries are applied and no tax or deduction is made from these payments except stamp tax.
Article 30 - In cases where there are no provisions in this Law, general provisions shall apply.
REGULATIONS AND REGULATIONS
Article 31 - The regulations envisaged in this Law are issued by the Ministry within one year from the date of publication of the Law, taking the opinions of 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 High Council of Judges and Prosecutors determines the courts that will hear the cases to be heard in these courts.
Article 32 - (Amended article: 06/03/2003 - 4822 S.K./36. Art.)
Law No. 3489 on the Obligation of Bargain Sale, Import or Dormitory No. 632 The Law on the Sale of Vehicles, Engine, Machine Tools and Equipment with Promotion and the Law No. 3003 on the Control and Determination of the Cost and Sale Prices of the Industrial Products were repealed.
Article 33 - This Law enters into force 6 months after its publication.
Article 34 - The provisions of this Law are executed by the Council of Ministers.
PROVISIONAL ARTICLE OF THE LAW dated 06/03/2003 and numbered 4822
Provisional Article 1 - The credit card debts that are not paid due to the default of the debtor before the publication of this Law and are at the stage of execution proceedings or subject to execution proceedings, are paid in twelve equal installments by applying a default interest not exceeding fifty percent per year on the principal on the date of default.
All kinds of follow-up due to credit card debts stop with the payment of the first installment according to the above-mentioned provision and disappear with all the consequences after the payment of the last installment.
The provisions of this article are applied if the consumer makes a written application to the lender within thirty days from the date of publication of the Law.
PROVISIONAL ARTICLE 3 OF 28/01/2004 DATE AND 5083 NUMBERED LAW
Provisional Article 3 - Between 1.1.2005 and 31.12.2005, it is obligatory to show the prices of all goods and services separately in Turkish Lira and New Turkish Lira on the labels and tariff lists to be arranged within the framework of Article 12 of the Law No. 4077 on Consumer Protection.
The penalty stipulated in the second paragraph of Article 25 of the Law No. 4077 is applied to those who fail to fulfill this obligation.