Consumer Law

CONSUMER LAW

Law No. 4077 on the Protection of Consumers

PART ONE

Purpose, Scope, Definitions

Purpose

Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for the damages, to ensure that they are protected from environmental hazards, to encourage the initiatives of consumers to protect themselves, and to encourage voluntary organizations in the formation of policies in this regard. to regulate matters.

Scope

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

Definitions

Article 3 - In the implementation of this Law;

a) Ministry: Ministry of Industry and Trade,

b) Minister: Minister of Industry and Trade,

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

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

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

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

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

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

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

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

k) Lender: Banks, private finance institutions and financing companies that are authorized to give cash loans to consumers as required by their legislation,

l) Advertiser: A natural or legal person who publishes, distributes or displays advertisements in which his company or good/service brand is prepared in order to promote the goods/services he/she produces or markets, to increase sales or to create and strengthen his/her image,

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

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

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

p) Consumer organizations: Refers to associations, foundations or their superior organizations established for the purpose of protecting the consumer.

PART TWO

Consumer Protection and Enlightenment

Defective goods

Article 4- Inconsistent with the quantity that affects the quality or quality included in its packaging, label, introduction and user manual or advertisement and announcements or notified by the seller or determined in its standard or technical regulation, or reduces its value in terms of allocation or use, or the benefits expected by the consumer from it. Goods that contain material, legal or economic deficiencies that eliminate or eliminate them are considered as defective goods.

The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to return from the contract, including the refund, to replace the product with a non-defective one, or to request a price reduction or free repair at the rate of shame. 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 other goods in use. The manufacturer, the seller, the dealer, the agent, the importer and the creditor according to the fifth paragraph of Article 10 are jointly responsible for the defective goods and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility.

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

Apart from 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 stating "disabled" in a way that the consumer can easily read by the manufacturer or seller on the defective goods to be offered for sale or on their packaging. There is no obligation to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.

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

These provisions are also applied in all kinds of consumer transactions related to the sale of goods.

Defective Service

Article 4/A- Includes material, legal or economic deficiencies that affect the quality or quality determined in the advertisements and announcements or standards or technical rules notified by the supplier, are contrary to the quantity, or reduce or eliminate the value in terms of the purpose of benefiting or the benefits expected by the consumer from it. services are considered defective services.

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

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

If the warranty is not given for a longer period, the claims to be made due to the defective service are subject to a two-year time limit from the performance of the service, even if the defect is discovered later. Claims to be made due to all kinds of damages caused by 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 supplier's gross fault or fraud, the statute of limitations cannot be used.

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

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

Sales Avoidance

Article 5- A good that does not have the phrase "sample" or "not for sale"; The seller cannot avoid the sale of these goods if they are displayed in a showcase, shelf or any other clearly visible place of a commercial establishment.

It cannot be avoided without a justified reason in providing services.

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

This provision is also applied in other contracts for the sale of goods and the provision of services.

Unfair Terms in Contracts

Article 6- Contractual conditions, which the seller or supplier unilaterally entered 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 goodwill, are unfair.