Consumer Law
LAW ON THE PROTECTION OF CONSUMERS
| Law Number | 6502 | |
| Date of Adoption | 7/11/2013 | |
| Official Gazette of Publication | Date: 28/11/2013 | Issue: 28835 |
| Publication Series | Series: 5 | Volume: 54 |
PART ONE
Purpose, Scope and Definitions
Purpose
ARTICLE 1- (1) The purpose of this Law is to regulate matters concerning taking measures that are appropriate for the public interest to protect the health and safety and economic interests of consumers, compensate for their damages, ensure their protection from environmental hazards, inform and raise consumer awareness, encourage consumers to take initiatives to protect themselves, and promote their voluntary organization in the formulation of policies on these matters.
Scope
ARTICLE 2- (1) This Law covers all consumer transactions and practices aimed at consumers.
Definitions
ARTICLE 3- (1) In the application of this Law;
a) Minister: The Minister of Customs and Trade,
b) Ministry: The Ministry of Customs and Trade,
c) General Director: The General Director of Consumer Protection and Market Surveillance,
d) General Directorate: The General Directorate of Consumer Protection and Market Surveillance,
e) Service: The subject of all consumer transactions, other than the provision of goods, performed or undertaken to be performed in return for payment or consideration,
f) Importer: A natural or legal person, including public legal entities, who imports goods or services, or the raw materials or intermediate goods of such goods, for commercial or professional purposes and places them on the market by sale, lease, financial lease, or by a similar method,
g) Permanent data storage device: Any means or medium, such as short message, electronic mail, the internet, disk, CD, DVD, memory card, and similar, that allows the information sent by or sent to the consumer to be recorded and copied without alteration in a manner that enables its examination for a reasonable period in accordance with the purpose of this information, and enables access to this information in its original form,
h) Housing finance institution: Banks that directly provide loans to consumers within the scope of housing finance or provide financial leasing, and financial leasing companies and finance companies deemed appropriate by the Banking Regulation and Supervision Agency to engage in housing finance activities,
i) Lender: A natural or legal person authorized by legislation to provide loans to consumers,
j) Goods: Movable property, residential properties or immovable properties for holiday purposes, and all kinds of intangible goods prepared for use in electronic media, such as software, sound, image, and similar, which are the subject of purchase,
k) Provider: A natural or legal person, including public legal entities, who provides services to consumers or acts on behalf of or for the account of a service provider for commercial or professional purposes,
l) Seller: A natural or legal person, including public legal entities, who offers goods to consumers or acts on behalf of or for the account of a seller for commercial or professional purposes,
m) Technical regulation: The definition contained in the Law on the Preparation and Implementation of Technical Legislation on Products dated 29/6/2001 and numbered 4703,
n) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
o) Consumer transaction: All kinds of contracts and legal transactions established between consumers and natural or legal persons, including public legal entities, who act for commercial or professional purposes or on their behalf or for their account in the goods or services markets, including contracts for work, carriage, brokerage, insurance, agency, banking, and similar transactions,
p) Consumer organizations: Associations, foundations, or their umbrella organizations established for the purpose of protecting consumers,
q) Producer: Those who produce goods offered to consumers, or the raw materials or intermediate goods of such goods, including public legal entities, and natural or legal persons who place their own brand, title, or any distinctive mark on the goods and present themselves as the producer,
shall mean.
PART TWO
General Principles
Basic Principles
ARTICLE 4- (1) Contracts and disclosures envisaged to be regulated in writing in this Law shall be drawn up in an understandable language, in a clear, simple, and readable manner, and shall be at least twelve points in size, and a copy of these shall be given to the consumer on paper or on a permanent data storage device. If one or more of the conditions required to be in the contract are missing, such omission shall not affect the validity of the contract. The party drawing up the contract shall immediately remedy such omission.
(2) The conditions envisaged in the contract may not be changed to the detriment of the consumer during the term of the contract.
(3) No additional charge may be demanded from the consumer for the performance of obligations that the consumer is rightfully entitled to expect within the scope of the goods or services offered to them and which are among the legal obligations of the party drawing up the contract, or for expenses incurred by the party drawing up the contract in accordance with its own interests. For products or services offered to consumers by banks, financial institutions providing consumer loans, and card-issuing institutions, all types of fees, commissions, and expenses to be collected from consumers, other than interest, and the procedures and principles related thereto shall be determined by the Central Bank of the Republic of Turkey in accordance with the spirit of this Law and in a manner that protects the consumer, after obtaining the opinion of the Ministry.
(4) It is mandatory to provide the consumer with written information on paper as an annex to the contract regarding all fees and expenses to be demanded from the consumer pursuant to the contracts regulated in this Law. In contracts established through a remote communication means, this information shall be provided in a manner appropriate to the remote communication means used. The burden of proof that this information has been provided to the consumer lies with the party drawing up the contract.
(5) For transactions made by the consumer, a promissory note may be drawn up only in the form of a bearer instrument and separately for each installment payment. Promissory notes drawn up in violation of the provisions of this paragraph shall be invalid with respect to the consumer.
(6) Personal guarantees taken in return for the consumer's obligations in consumer transactions shall be considered ordinary sureties, regardless of the name under which they are taken. Personal guarantees given by the other party regarding the consumer's receivables shall be considered joint and several sureties unless otherwise provided in other laws.
(7) Compound interest shall not be applied in consumer transactions, including cases of default.
(8) This Law covers cooperative banks in all its regulations. Implementation shall be carried out taking into account the profit share.
Unfair Terms in Consumer Contracts
ARTICLE 5- (1) An unfair term is a contractual term included in the contract without negotiation with the consumer and causing an imbalance that falls short of the principle of good faith in the rights and obligations of the parties arising from the contract, thereby creating an imbalance to the detriment of the consumer.
(2) Unfair terms contained in contracts concluded with consumers are absolutely void. The provisions of the contract other than the unfair terms shall retain their validity. In this case, the party drawing up the contract may not claim that it would not have entered into the contract with the other provisions had the terms deemed absolutely void not existed.
(3) If a contractual term was prepared in advance and the consumer was unable to influence its content because it was included in a standard contract, it shall be considered that the contractual term was not negotiated with the consumer. If the party drawing up the contract claims that a standard term was negotiated individually, it shall be obliged to prove this. If it is concluded from an assessment of the contract as a whole that it is a standard contract, the negotiation of certain elements of a term or an individual provision in this contract shall not prevent the application of this article to the remainder of the contract.
(4) Where the terms of the contract are in writing, they must be in clear and understandable language that the consumer can comprehend. If a provision in the contract is not clear and understandable or is susceptible to multiple interpretations, it shall be interpreted in favor of the consumer.
(5) The provisions of this article shall apply to contracts prepared by persons or entities carrying out their activities with permission granted by the law or authorized authorities, regardless of their nature.
(6) The unfairness of a contractual term shall be determined at the time of the formation of the contract, taking into account the nature of the goods or services that are the subject of the contract, the conditions existing at the time of the formation of the contract, the other provisions of the contract, or the provisions of another contract to which the unfair term relates.
(7) In determining the unfairness of the contractual terms, provided that these terms are written in clear and understandable language, no assessment may be made regarding the balance between the principal performance obligations arising from the contract and the balance between the market value of the goods or services and the price determined in the contract.
(8) The Ministry shall take the necessary measures to remove unfair terms from contracts prepared for general use or to prevent their use.
(9) The procedures and principles regarding the detection and monitoring of unfair terms, and the contractual terms considered unfair, shall be determined by regulation, without limitation.
Refusal to Sell
ARTICLE 6- (1) Goods displayed in a shop window, on a shelf, in an electronic medium, or in any place clearly visible to the public may not be refused for sale unless a statement indicating that they are not for sale is included.
(2) The provision of services may not be refused without a just cause.
(3) Those acting for commercial or professional purposes may not attach the sale of a good or service to conditions such as the quantity, number, or size of the good or service determined by them, or to the purchase of another good or service, unless there is a contrary custom, commercial practice, or custom, or a just cause.
(4) The Ministry and municipalities are responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.
Goods or Services Not Ordered
ARTICLE 7- (1) In the event that goods not ordered are sent or services are provided, no rights may be asserted against the consumer. In such cases, the consumer's silence or use of the goods or services may not be interpreted as an acceptance of the formation of the contract. The consumer has no obligation to return the goods or keep them.
(2) A party claiming that a good or service was ordered shall be obliged to prove this claim.
PART THREE
Defective Goods and Services
CHAPTER ONE
Defective Goods
Defective goods
ARTICLE 8- (1) Defective goods are goods that are in breach of the contract because, at the time of delivery to the consumer, they do not conform to the sample or model agreed upon by the parties or do not possess the characteristics they objectively should have.
(2) Goods that do not possess one or more of the characteristics stated in their packaging, label, user manual, internet portal, or advertisements and announcements, or that are contrary to the quality stated by the seller or determined in their technical regulation, and that contain material, legal, or economic deficiencies that do not meet the intended use of equivalent goods, reduce or eliminate the benefits reasonably expected by the consumer, shall also be considered defective.
(3) The failure to deliver the goods that are the subject of the contract within the period agreed in the contract, or the failure to assemble them properly when assembly is performed by the seller or under their responsibility, shall be considered a non-conforming performance. In cases where the assembly of the goods is envisaged to be performed by the consumer, if the assembly is performed incorrectly due to an error or deficiency in the assembly instructions, non-conforming performance shall occur.
Liability for defective goods
ARTICLE 9- (1) The seller is obliged to deliver the goods to the consumer in accordance with the contract of sale.
(2) The seller shall not be bound by the content of the statement if it proves that it was unaware of the statements made through advertising, that it could not be expected to be aware of them, or that the content of the statement was corrected at the time of the conclusion of the contract of sale, or that the decision to conclude the contract of sale was not causally linked to this statement.
Burden of proof
ARTICLE 10- (1) Deficiencies that emerge within six months from the delivery date shall be presumed to have existed at the time of delivery. In this case, the burden of proof that the goods are not defective lies with the seller. This presumption shall not apply if it is incompatible with the nature of the goods or the deficiency.
(2) In cases where the consumer was aware of the deficiency at the time the contract was concluded or was expected to be aware of it, there shall be no non-conformity. The consumer's optional rights against deficiencies other than these are reserved.
(3) An explanatory label containing information regarding the deficiency of the defective goods to be offered for sale or on their packaging shall be placed by the producer, importer, or seller in a manner that the consumer can easily read. It is mandatory to give this label to the consumer or clearly show the explanatory information regarding the deficiency on the invoice, receipt, or sales document given to the consumer. Products that do not comply with their technical regulation may not be placed on the market under any circumstances. The provisions of the Law on the Preparation and Implementation of Technical Legislation on Products and other relevant legislation shall apply to these products.
The consumer's optional rights
ARTICLE 11- (1) In the event that the goods are found to be defective, the consumer may;
a) declare that they are ready to return the goods sold and rescind the contract,
b) retain the goods sold and demand a reduction in the purchase price in proportion to the deficiency,
c) unless it requires an excessive expense, demand the free repair of the goods sold, with all expenses borne by the seller,
d) if possible, demand the replacement of the goods sold with an undefective equivalent,
exercise one of their optional rights. The seller is obliged to fulfill this request preferred by the consumer.
(2) The rights of free repair or replacement of the goods with an undefective equivalent may also be exercised against the producer or importer. The seller, producer, and importer are jointly and severally liable for the fulfillment of the rights in this paragraph. The producer or importer shall not be held liable if it proves that the deficiency arose after the goods were placed on the market by them.
(3) In the event that free repair or replacement of the goods with an undefective equivalent would entail disproportionate difficulties for the seller, the consumer may exercise one of the rights of rescinding the contract or reduction in price in proportion to the deficiency. In determining the disproportion, factors such as the undefective value of the goods, the importance of the deficiency, and whether exercising other optional rights would constitute a problem for the consumer shall be taken into account.
(4) In the event that one of the rights of free repair or replacement of the goods with an undefective equivalent is chosen, it must be fulfilled within a maximum of thirty business days from the time the request is directed to the seller, producer, or importer, and within sixty business days for residential properties and holiday properties. However, regarding the goods listed in the annex of the regulation issued pursuant to Article 58 of this Law, the consumer's request for free repair shall be fulfilled within the maximum repair period determined in the regulation. Otherwise, the consumer is free to exercise their other optional rights.
(5) In cases where the consumer chooses the right of rescinding the contract or reduction in price in proportion to the deficiency, the full amount paid or the amount of the reduction shall be immediately refunded to the consumer.
(6) All expenses arising from the exercise of the optional rights shall be borne by the party that fulfills the right chosen by the consumer. The consumer may also demand compensation pursuant to the provisions of the Turkish Code of Obligations dated 11/1/2011 and numbered 6098 together with one of these optional rights.
Statute of limitations
ARTICLE 12- (1) Unless a longer period is determined in the laws or in the contract between the parties, liability for defective goods, even if the deficiency emerges later, shall be subject to a two-year statute of limitations from the delivery date of the goods to the consumer. This period shall be five years from the delivery date of the immovable property for residential properties or holiday properties.
(2) Notwithstanding the third paragraph of Article 10 of this Law, the seller's liability for defective goods in second-hand sales may not be less than one year, and for residential properties or holiday properties, not less than three years.
(3) If the deficiency is concealed by gross negligence or fraud, the provisions of the statute of limitations shall not apply.
PART TWO
Defective Services
Defective service
ARTICLE 13- (1) Defective service is a service that is in breach of the contract because it does not commence within the period determined in the contract or does not possess the characteristics agreed upon by the parties and which it objectively should have.
(2) Services that do not possess the characteristics stated by the service provider, stated in the internet portal, or in advertisements and announcements, or that contain material, legal, or economic deficiencies that reduce or eliminate their value in terms of the purpose of use or the benefits reasonably expected by the consumer from them, shall be defective.
Liability for defective service
ARTICLE 14- (1) The provider is obliged to perform the service in accordance with the contract.
(2) The provider shall not be bound by the content of the statement if it proves that it was unaware of the statement made through advertising not originating from it and that it could not be expected to be aware of it, or that the content of the statement had been corrected at the time the service contract was concluded, or that the decision to conclude the service contract did not contain a causal link with this statement.
Consumer's alternative rights
ARTICLE 15- (1) In cases where the service is provided with defects, the consumer is free to exercise one of the following alternative rights against the provider: re-performance of the service, free repair of the work resulting from the service, a price reduction in proportion to the defect, or withdrawal from the contract. The provider is obliged to fulfill the request preferred by the consumer. All expenses arising from the exercise of the alternative rights shall be borne by the provider. The consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations together with one of these alternative rights.
(2) The consumer may not exercise these rights if free repair or re-performance of the service would entail disproportionate difficulties for the provider. In determining disproportion, factors such as the value of the service without defects, the significance of the defect, and whether exercising the other alternative rights would cause problems for the consumer shall be taken into account.
(3) In cases where the consumer chooses the right of withdrawal from the contract or a price reduction in proportion to the defect, the entire amount paid or the amount of the price reduction shall be immediately refunded to the consumer.
(4) In cases where free repair or re-performance of the service is chosen, the request shall be fulfilled by the provider within a reasonable period and in a manner that does not cause serious problems for the consumer, taking into account the nature of the service and the consumer's purpose of benefiting from the service. In any case, this period may not exceed thirty business days from the date the request is submitted to the provider. Otherwise, the consumer is free to exercise the other alternative rights.
Statute of limitations
ARTICLE 16- (1) Unless a longer period is specified in the laws or the contract between the parties, liability for defective service is subject to a two-year statute of limitations from the date of performance of the service, even if the defect appears later.
(2) The provisions on the statute of limitations shall not apply if the defect was concealed by gross negligence or fraud.
PART FOUR
Consumer Contracts
CHAPTER ONE
Installment Sales
Installment sales contracts
ARTICLE 17- (1) Installment sales contracts are contracts in which the seller or provider undertakes the delivery of the goods or the performance of the service, and the consumer pays the price in installments.
(2) The provisions of this Chapter also apply to financial lease contracts in which the consumer is obliged to acquire ownership of a good at the end of the lease term.
(3) An installment sales contract shall not be valid unless it is concluded in writing. A seller or provider that has not concluded a valid contract may not later assert the invalidity of the contract to the detriment of the consumer.
Right of withdrawal
ARTICLE 18- (1) The consumer has the right to withdraw from the installment sales contract within seven days without stating any reason and without paying any penalty.
(2) It is sufficient that the notification of the exercise of the right of withdrawal is submitted to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.
(3) If the seller has delivered the goods to the consumer during the withdrawal period, the consumer may use the goods only to the extent required for a normal inspection; otherwise, the consumer may not exercise the right of withdrawal. In service contracts where the performance of the service has commenced with the consumer's approval before the withdrawal period expires, the consumer may not exercise the right of withdrawal.
(4) The right of withdrawal may not be exercised in financial lease transactions where the consumer finds the seller.
Default
ARTICLE 19- (1) In installment sales contracts, if the consumer defaults on the payment of the installments, the seller or provider may exercise the right to demand the performance of the entire remaining debt only if it has reserved the right to do so, the provider has performed all its obligations, and the consumer has defaulted on the payment of at least two consecutive installments constituting at least one-tenth of the price or an installment constituting at least one-fourth of the price. In order for the seller or provider to exercise this right, it is mandatory to give the consumer at least thirty days and issue a notice of acceleration.
(2) Interest, commissions, and similar expenses shall not be taken into account in the calculation of the accelerated installments.
Early payment
ARTICLE 20- (1) The consumer may pay the total amount owed in advance as well as make payment of one or more installments that have not yet matured. In both cases, if the seller or provider receives interest or commissions, it is obliged to make all necessary interest and commission deductions according to the amount paid.
Other matters
ARTICLE 21- (1) The provisions of the Turkish Code of Obligations on advance installment sales shall apply to contracts where the consumer undertakes to pay the sale price of a movable good in installments in advance and the seller undertakes to deliver the sold item to the consumer only after the price is fully paid, and the payment period is longer than one year or indefinite.
(2) The mandatory content of the contract, the rights and obligations of the consumer, seller, and provider, the right of withdrawal, early payment, and the procedures and principles regarding other matters shall be determined by regulation.
CHAPTER TWO
Consumer Loans
Consumer loan contracts
ARTICLE 22- (1) A consumer loan contract refers to a contract in which the lender provides a loan to the consumer in exchange for interest or a similar benefit, or undertakes to provide a loan through deferral of payment, borrowing, or similar financing methods.
(2) Credit card contracts shall be considered consumer loan contracts if payment is deferred for more than three months or if installment payment is provided in exchange for interest or a similar benefit. However, the interest rate to be applied in this case may not exceed the rate determined under the credit card contract.
(3) A consumer loan contract shall not be valid unless it is concluded in writing. A lender that has not concluded a valid contract may not later assert the invalidity of the contract to the detriment of the consumer.
Pre-contractual information obligation
ARTICLE 23- (1) The lender and, if any, the loan intermediary are obliged to provide the consumer with the pre-contractual information form containing the terms of the loan contract they offer at a reasonable time before the conclusion of the contract.
Right of withdrawal
ARTICLE 24- (1) The consumer has the right to withdraw from the consumer loan contract within fourteen days without stating any reason and without paying any penalty.
(2) The lender is obliged to prove that the consumer has been informed about the right of withdrawal. It is sufficient that the notification of the exercise of the right of withdrawal is submitted to the lender within the withdrawal period. (Additional sentence:24/3/2022-7392/2nd Art.) If the entire loan debt is paid early within the withdrawal period, the provisions of this article shall apply without notification.
(3) In cases where the consumer who exercises the right of withdrawal has benefited from the loan, the consumer shall repay the principal and the interest accrued from the date the loan was used to the date the principal is repaid within thirty days at the latest after sending the withdrawal notification to the lender. If payment is not made within this period, the consumer shall not be considered to have withdrawn from the consumer loan. Interest shall be calculated according to the contractual interest rate. No amount other than the calculated contractual interest and the expenses paid to a public institution or organization or to third parties may be demanded from the consumer.
Interest rate
ARTICLE 25- (1) In fixed-term consumer loan contracts, the interest rate is determined as fixed. This rate determined at the time the contract is concluded may not be changed to the detriment of the consumer.
(2) In consumer loan contracts, if the contractual interest, effective annual interest, or the total cost of the loan is not included, the loan amount shall be used interest-free until the end of the contract period. If the effective interest rate has been shown as lower than it is, the contractual interest rate to be taken as the basis for calculating the total cost of the loan shall be redetermined in accordance with the lower effective interest rate shown. In such cases, the payment plan shall be reorganized according to the changes made.
Amendment of the contract
ARTICLE 26- (1) The terms of a fixed-term loan contract may not be changed to the detriment of the consumer.
(2) In indefinite-term loan contracts, if the interest rate is increased, it is mandatory to notify the consumer in writing on paper or through a permanent data carrier thirty days before this change comes into effect. This notification shall include details regarding the amount, number, and intervals of the payments to be made after the new interest rate comes into effect. In case of an increase in the interest rate, the new interest rate may not be applied retroactively. If the consumer pays the entire debt and ceases to use the loan within at the latest sixty days from the notification date, they shall not be affected by the interest rate increase.
Early payment
ARTICLE 27- (1) The consumer may pay one or more installments that have not yet matured or pay the entire loan debt early. In such cases, the lender is obliged to make all necessary interest and other cost deductions according to the early paid amount.
Default
ARTICLE 28- (1) In fixed-term loan contracts, if the consumer defaults on the payment of the installments, the lender may exercise the right to demand the performance of the entire debt only if the lender has performed all its obligations and the consumer has defaulted on the payment of at least two consecutive installments. In order for the lender to exercise this right, it is mandatory to give the consumer at least thirty days and issue a notice of acceleration.
(2) Interest, commissions, and similar expenses shall not be taken into account in the calculation of the accelerated installments.
Insurance, ancillary financial product, and service provision
ARTICLE 29- (Amended with Title:24/3/2022-7392/4th Art.)
(1) Loan-linked insurance may not be made without the express request of the consumer in writing or through a permanent data carrier. The lender may offer the consumer a loan contract containing loan-linked insurance provided that it also offers a contract not containing loan-linked insurance.
(2) The guarantee provided by the insurance company requested by the consumer must be accepted by the lender. Loan-linked insurance must be compatible with the remaining debt amount and maturity in value insurance for the purpose of providing security for the repayment of the loan debt.
(3) A consumer loan contract may not be made conditional on the purchase of ancillary financial products and services, except those related to the loan.
Linked loans
ARTICLE 30- (1) A linked loan contract is a contract in which the consumer loan is provided exclusively for the financing of a contract related to the supply of a specific good or service, and these two contracts objectively constitute an economic unity.
(2) The existence of an economic unity is accepted if at least one of the following conditions exists:
- a) The seller or provider finances the loan for the consumer,
- b) In case of financing by a third party, the seller or provider benefits from the services of the lender in connection with the signing or preparation of the loan contract,
- c) The provision of a specific good or service is clearly stated in the loan contract.
(3) If the consumer withdraws from the contract related to the supply of the good or service and the notification of this is also submitted to the lender within the withdrawal period, the linked loan contract shall also terminate without any obligation to pay compensation or penalty.
(4) In linked loans, if the good or service is not delivered or performed at all or as required, the seller, provider, and lender shall be jointly and severally liable if the consumer exercises the right of withdrawal from the sales contract or the right to a price reduction. If the consumer exercises the right to a price reduction, the linked loan shall also be reduced by this rate, and the payment plan shall be changed accordingly. If the consumer exercises the right of withdrawal from the contract, the seller, provider, and lender shall be jointly and severally liable for the refund of the payments made up to that date. However, the liability of the lender shall be limited to the amount of the loan used for one year from the date of delivery of the good or performance of the service specified in the sales contract or linked loan contract in cases where the good was not delivered or the service was not performed, and from the date of delivery of the good or performance of the service in cases where the good was delivered or the service was performed.
(5) Loans provided by the lender to the consumer by paying the price of the good or service determined by the consumer themselves, without a contract between the lender and the seller or provider related to the supply of a specific good or service, shall not be considered linked loans.
Other matters
ARTICLE 31- (1) If an account is opened for a fixed-term loan contract and only transactions related to the loan are made from this account, no fee or expense may be demanded from the consumer under any name for this account. This account shall be closed upon payment of the loan unless the consumer makes a contrary written request.
(2) A deposit account contract related to a fixed-term loan contract may not be concluded without the express instruction of the consumer.
(3) Card issuing institutions must offer a type of credit card to consumers without collecting annual membership fees or similar fees.
(4) Pre-contractual information, the mandatory content of the contract, excluded contracts, the rights and obligations of the consumer and the lender, the right of withdrawal, early payment, the calculation of the effective annual interest rate, the mandatory content of advertisements related to consumer loans, the exercise of the right of termination, default, the transfer of the loan, linked loans, and the procedures and principles regarding other matters shall be determined by regulation.
CHAPTER THREE
Housing Finance
Housing finance contracts
ARTICLE 32- (1) A housing finance contract is a contract for the purpose of acquiring housing; providing loans to consumers, leasing housing to consumers through financial leasing, providing loans to consumers under the collateral of their owned housing, and providing loans for the refinancing of these loans.
(2) A housing finance contract shall not be valid unless it is concluded in writing. A housing finance institution that has not concluded a valid contract may not later assert the invalidity of the contract to the detriment of the consumer.
Pre-contractual information obligation
ARTICLE 33- (1) Housing finance institutions must provide the consumer with the pre-contractual information form containing the terms of the housing finance contract at a reasonable time before the conclusion of the contract.
Default
ARTICLE 34- (1) In case the consumer defaults on the payment of the installments, if the housing finance institution has reserved the right to demand the performance of the entire remaining debt, this right may be exercised only if the housing finance institution has performed all its obligations and the consumer has defaulted on the payment of at least two consecutive installments. In order for the housing finance institution to exercise this right, it must give the consumer at least thirty days and issue a notice of acceleration.
(2) Interest, commissions, and similar expenses shall not be taken into account in the calculation of the accelerated installments.
(3) In financial lease transactions, if the consumer does not fulfill their obligation within the period given in the notice of acceleration, and the housing finance institution terminates the housing finance contract to exercise the right to demand the performance of the entire remaining debt following the expiration of this period, it is obliged to immediately put the housing up for sale. Before the sale, the housing finance institution shall have the value appraised by persons or institutions authorized under the Capital Markets Law No. 6362 dated 6/12/2012. The appraised value shall be notified to the consumer at least ten business days before the sale. The housing finance institution shall carry out the sale of the housing by acting as a prudent merchant, taking into account the appraised value. If the amount obtained from the sale of the housing exceeds the remaining debt, the excess amount shall be immediately paid to the consumer. Article 33 of the Financial Leasing, Factoring and Finance Companies Law No. 6361 dated 21/11/2012 shall not apply to financial leasing transactions for housing finance.
(4) If the sale of the housing is carried out within the scope of the third paragraph of this article and the consumer or the third parties holding possession are obliged to vacate the housing following the payment of the part of the obtained amount exceeding the remaining debt to the consumer, if there is any, the consumer or the third parties holding possession shall vacate the housing. If the housing is not vacated, the owner of the housing may apply for enforcement against the consumer or the third parties holding possession in accordance with Articles 26 and 27 of the Enforcement and Bankruptcy Law No. 2004 dated 9/6/1932.
Linked loans
ARTICLE 35- (1) A linked loan agreement is an agreement in which a housing finance loan is provided exclusively for the financing of a contract for the purchase of a specific residence, and these two contracts form an economic unity in objective terms.
(2) In linked loans, if the consumer exercises one of the optional rights specified in Article 11 of this Law because the residence is not delivered at all or not delivered properly, the seller and the housing finance institution are jointly and severally liable. However, the liability of the housing finance institution shall be limited to the amount of the loan for a period of one year from the residence delivery date specified in the residence sale contract or the linked loan agreement in the event that the residence is not delivered, and from the date the residence is delivered in the event that the residence is delivered.
(3) Even if the loans provided by housing finance institutions are transferred to mortgage finance institutions, housing finance funds, or mortgage-backed security collateral pools, the liability of the housing finance institution that provided the loan shall continue. The institution that takes over the loan shall not be liable under this article.
(4) Loans provided by paying the price of a residence determined by the consumer themselves by the housing finance institution that provided the loan, without a contract between the housing finance institution and the seller regarding the supply of a specific residence, shall not be considered linked loans.
Interest rate
ARTICLE 36- (1) The portion of the repayment amounts in loans and the rental amounts in financial leasing transactions that exceeds the principal shall be considered interest under this article.
(2) In housing finance loans and financial leasing transactions, the interest rate may be determined as fixed or variable in the contract, or both methods may be applied to the same loan. If the interest rate is determined as fixed, the rate determined at the date the contract is concluded cannot be changed without the consent of the parties. If the rate is determined as variable, the rate initially determined in the contract may be changed based on the lowest of the generally accepted and widely used indices in Turkey or abroad that will be determined in the contract, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount initially determined in the contract. If the rates are determined as variable, consumers must be informed about the potential effects of this method. The reference interest rates and indices that may be used for these purposes shall be determined by the Central Bank of the Republic of Turkey.
Early payment
ARTICLE 37- (1) The consumer may pay one or more installments that have not yet matured, as well as pay the entire housing finance debt early. In such cases, the housing finance institution is obliged to make all necessary interest and other cost reductions according to the amount paid early.
(2) If the interest rate is determined as fixed, the housing finance institution may demand an early payment penalty from the consumer if one or more payments are made before their due date, as specified in the contract. The early payment penalty cannot exceed one percent in loans whose remaining term does not exceed thirty-six months and two percent in loans whose remaining term exceeds thirty-six months, calculated by making the necessary interest reduction and based on the remaining amount of the loan paid early by the consumer. If the rates are determined as variable, an early payment penalty cannot be demanded from the consumer.
Insurance, ancillary financial product and service provision
ARTICLE 38- (Amended with Title:24/3/2022-7392/5 art.)
(1) Credit-linked insurance cannot be made without the express request of the consumer through a written or permanent data storage medium. The housing finance institution may offer the consumer a housing finance contract that includes credit-linked insurance, provided that it also offers the consumer a contract that does not include credit-linked insurance.
(2) The guarantee provided by the insurance company requested by the consumer must be accepted by the housing finance institution. Credit-linked insurance must be compatible with the remaining debt amount and its term in sum insurance for the purpose of providing a guarantee for the repayment of the loan debt.
(3) A housing finance contract cannot be made conditional on the purchase of ancillary financial products and services, except those related to the loan.
Other matters
ARTICLE 39- (1) If an account is opened regarding the housing finance contract and only loan-related transactions are made from this account, no fee or expense can be demanded from the consumer under any name regarding this account. This account shall be closed upon payment of the loan unless the consumer expressly requests otherwise in writing.
(2) A credit deposit agreement related to the housing finance contract cannot be made without the express instruction of the consumer.
(3) In the application of the provisions of this Section, the individual partners of housing cooperatives are also considered consumers.
(4) The procedures and principles regarding pre-contractual information, the rights and obligations of the consumer and the housing finance institution, the mandatory content of the contract, housing finance advertisements, refinancing, linked loans, default, early payment, the calculation of the annual cost rate, and other matters shall be determined by regulation.
FOURTH SECTION
Prepaid Housing Sale
Prepaid housing sale contracts
ARTICLE 40- (1) A prepaid housing sale contract is a contract in which the consumer undertakes to pay the sale price of a property for housing purposes in advance or in installments, and the seller undertakes to transfer or deliver the property to the consumer after the price is paid in full or in part.
(2) Consumers must be provided with a preliminary information form containing the matters determined by the Ministry at least one day before the contract is concluded.
(3) A prepaid housing sale contract cannot be made with consumers before a building permit is obtained.
Form requirement
ARTICLE 41- (1) The registration of the prepaid housing sale in the land registry and the conclusion of the sale promise contract in the form of a notarized deed are mandatory. Otherwise, the seller cannot later plead the invalidity of the contract to the detriment of the consumer.
(2) The seller cannot demand that the consumer make a payment under any name or provide any document that places the consumer under debt unless a valid contract has been concluded.
Guarantee
ARTICLE 42- (1) For projects exceeding the size determined by the Ministry according to the number of residences in the project or the total price of the project, the seller is obliged to obtain building completion insurance whose scope, conditions, and application principles are determined by the Ministry of Treasury and Finance before starting the prepaid housing sale or to provide other guarantees and conditions determined by the Ministry.
(2) The compensation, guarantees, and similar securities provided under the building completion insurance cannot be included in the bankruptcy or liquidation estate, cannot be seized, and cannot be subject to interim injunctions or interim seizures.
Right of withdrawal
ARTICLE 43- (1) The consumer has the right to withdraw from the prepaid housing sale contract within fourteen days without stating any reason and without paying any penalty. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller within this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.
(2) In the event that the property is purchased in part or in full with a linked loan, the linked loan agreement shall enter into force at the end of the withdrawal period provided in this article, so as to take effect on the date the contract is concluded. The housing finance institution cannot demand any expenses from the consumer under the names of interest, commission, legal obligation, or similar names during the withdrawal period.
(3) From the date the seller returns the amount received and all documents that place the consumer under debt, the consumer shall return the acquired items within ten days.
Delivery of the residence
ARTICLE 44- (1) (Amended:24/3/2022-7392/6 art.) The prepaid residence must be delivered to the consumer within the period undertaken in the contract. This period shall in no case exceed forty-eight months from the date of the contract. It shall also be considered that the transfer and delivery have been made when the right of condominium ownership is registered in the land registry in the name of the consumer and the possession is transferred.
Rescission of the contract
ARTICLE 45- (1) (Amended: 2/1/2017-KHK-684/8 art.; Accepted as is: 1/2/2018-7074/8 art.) In a prepaid housing sale, the consumer has the right to rescind the contract without stating any reason for up to twenty-four months from the date of the contract. In the event of rescission, the seller may demand the payment of compensation up to two percent of the contract price for the first three months from the date of the contract, four percent for three to six months, six percent for six to twelve months, and eight percent for twelve to twenty-four months, in addition to the expenses arising from taxes, fees, and similar legal obligations resulting from the sale or sale promise contract of the residence.
(2) If the seller does not fulfill its obligations at all or properly, it cannot demand any amount from the consumer. In cases where the consumer is unable to make the prepayments due to death or permanent loss of earning capacity, or because the seller does not accept the consumer's proposal to make the contract a sale contract with an installment that would normally be made under ordinary conditions, no amount can be demanded from the consumer.
(3) In the event of rescission, the amount to be returned to the consumer and all documents that place the consumer under debt shall be returned to the consumer within eighty days at the latest from the date the rescission notification reaches the seller. From the date the seller returns the amount received and all documents that place the consumer under debt, the consumer shall return the acquired items within ten days.
Other matters
ARTICLE 46- (1) Pre-contractual information, the mandatory content of the contract, the rights and obligations of the consumer and the seller, the right of withdrawal and rescission, and other application procedures and principles shall be determined by regulation.
FIFTH SECTION
Other Consumer Contracts
Contracts concluded outside the place of business
ARTICLE 47- (1) Contracts concluded between the seller or provider and the consumer;
a) regardless of whether the offer is made by the consumer or the seller or provider, concluded outside the place of business, in the simultaneous physical presence of the parties,
b) immediately after meeting the consumer outside the place of business in the simultaneous physical presence of the parties, concluded at the place of business of the seller or provider or through any remote communication medium,
c) during a trip organized by the seller or provider for the purpose of introducing or selling goods and services to the consumer,
shall be considered contracts concluded outside the place of business.
(2) Contracts concluded outside the place of business shall be concluded by a seller or provider authorized by the Ministry.
(3) Before the consumer is bound by a contract concluded outside the place of business or any corresponding proposal, it is mandatory to inform them clearly and understandably about the details in the matters determined by the regulation. The burden of proof that the consumer has been informed shall rest with the seller or provider.
(4) Contracts concluded outside the place of business shall not be valid unless concluded in writing. A seller or provider that has not concluded a valid contract cannot later plead the invalidity of the contract to the detriment of the consumer. The seller or provider is obliged to ensure that the consumer writes the date of the contract in their own handwriting and signs the contract, to give a copy of the contract to the consumer, and to present the goods or services to the consumer. The proof that the contract has been delivered to the consumer and that the goods or services have been presented shall rest with the seller or provider.
(5) The consumer has the right to withdraw from the contract within fourteen days without stating any reason and without paying any penalty. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller or provider within this period. During the withdrawal period, the seller or provider cannot demand that the consumer make a payment under any name or provide any document that places the consumer under debt in exchange for the goods or services subject to the contract. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. The consumer is not responsible for changes and deterioration resulting from the normal use of the goods during the withdrawal period.
(6) If the seller or provider acts in violation of the obligations specified in this article or does not inform the consumer properly about the right of withdrawal, the consumer is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period shall expire one year after the end of the withdrawal period.
(7) The mandatory content of the contract, excluded contracts, direct sales, the rights and obligations of the consumer, the seller, and the provider, the right of withdrawal, the obligation to inform, delivery, the qualifications required of those who make sales, and other application procedures and principles shall be determined by regulation.
Distance contracts
ARTICLE 48- (1) Distance contracts are contracts concluded between the seller or provider and the consumer through the use of remote communication media within the framework of a system created for the remote marketing of goods or services, up to and including the moment the contract is concluded, without the simultaneous physical presence of the seller or provider and the consumer.
(2) Before accepting the distance contract or any corresponding offer, the consumer shall be informed clearly and understandably by the seller or provider about the details in the matters determined by the regulation and that they will incur a payment obligation if the order is confirmed. The burden of proof that the consumer has been informed shall rest with the seller or provider.
(3) The seller or provider shall fulfill its obligation within the undertaken period from the moment the consumer's order reaches them. (Amended sentence:24/3/2022-7392/7 art.) Except for contracts regarding goods prepared in accordance with the consumer's request or personal needs, this period shall in no case exceed thirty days in sales of goods. If the seller or provider does not fulfill its obligation within this period, the consumer may rescind the contract.
(4) The consumer has the right to withdraw from the contract within fourteen days without stating any reason and without paying any penalty. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, they are not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period shall expire one year after the end of the withdrawal period. The consumer is not responsible for changes and deterioration resulting from the normal use of the goods during the withdrawal period.
(5) (Amended:24/3/2022-7392/7 art.) Intermediary service providers that facilitate the conclusion of a distance contract on behalf of the seller or provider through the system they create are obliged to establish and keep open continuously a system suitable for consumers to submit and track their requests and notifications regarding the matters determined by the regulation during the period of use of the rights and obligations arising from the distance contracts concluded through the system.
(6) (Added:24/3/2022-7392/7 art.) Those operating as an intermediary service provider shall be liable jointly and severally with the seller or provider for;
a) the provision, confirmation, and proof of the preliminary information to the consumer;
b) deficiencies in the preliminary information on matters that are mandatory to be provided as determined by the regulation, except in cases where the data entry is made by the seller or provider;
c) keeping records of the transactions made by consumers with the sellers or providers due to the matters specified in this article and providing this information to the relevant public institutions and organizations and consumers upon request;
d) each transaction that causes the sellers and providers to act in violation of the provisions of this article due to practices contrary to the contract regarding the intermediary service they provided;
e) in cases where they collect the price on behalf of the seller or provider, except for the cases where the price is transferred to the seller or provider after the delivery or performance of the goods or services and the exercise of the rights specified in Articles 11 and 15, they shall be jointly and severally liable with the seller or provider for the obligations regarding withdrawal related to delivery or performance;
f) in sales organized with campaigns, promotions, or discounts without the approval of the seller or provider, due to the non-performance or improper performance of the contract;
g) the consistency and proof of the information provided in the preliminary information and the information provided in their advertisements.
They are liable.
(7) In distance contracts, the rights and obligations of the consumer, the seller, the provider, and the intermediary service provider facilitating the conclusion of a distance contract, the right of withdrawal, the obligation to inform, delivery, and other application procedures and principles shall be determined by regulation.5
Distance contracts regarding financial services
ARTICLE 49- (1) Financial services refer to all kinds of banking services, loans, insurance, individual retirement, investment, and payment-related services. A distance contract regarding financial services is a contract concluded between the provider and the consumer through the use of remote communication media within the framework of a system created for the remote marketing of financial services.
(2) In contracts concluded at a distance for financial services, before the consumer declares their intention to enter into the contract, they must be informed in a clear, understandable manner and in a manner appropriate to the means of communication used about the right of withdrawal, that upon making an acceptance declaration, they will be subject to obligations, and about other matters determined by the Ministry. It must be clear that this information is provided for commercial purposes, and in cases where voice communication means are used, the identity of the provider and the reason for the call must be stated at the beginning of each call. The consumer's acceptance declaration regarding the formation of the contract shall be identified or recorded in physical or electronic form in a manner appropriate to the means of communication used. The provider is obliged to take the necessary measures for the communication of the right of withdrawal and for the identification or recording to be made in physical or electronic form.
(3) The provider is obliged to transmit to the consumer all the terms of the contract and other matters determined by the Ministry in writing or by means of a permanent data storage device. This obligation shall be fulfilled immediately after the formation of the contract if the contract is concluded before the consumer directs their intention to form the contract or at the request of the consumer using a means of remote communication that is not suitable for providing written information.
(4) During the continuation of the contractual relationship, the consumer may request a written copy of the contract on paper without paying any fee. Furthermore, if it is compatible with the nature of the financial service, the consumer has the right to change the means of remote communication used.
(5) The consumer has the right of withdrawal from contracts concluded at a distance for financial services within fourteen days without stating any reason and without paying any penalty. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the provider within this period. The provider is obliged to prove that the consumer has been informed about the right of withdrawal. In contracts relating to insurance contracts and individual retirement, the consumer-favorable provisions on the withdrawal period in other legislation shall apply.
(6) In contracts concluded at a distance for financial services, it is sufficient for the consumer to transmit their request to terminate the contract by any means of remote communication. The consumer cannot be forced to use a method that contains heavier conditions than the method that enabled the formation of the contract to terminate the contract.
(7) In contracts concluded at a distance for financial services, the use of means of remote communication, excluded contracts, card payment, the rights and obligations of the consumer and the provider, the right of withdrawal, and other application procedures and principles shall be determined by regulation.
Timeshare and long-term holiday service contracts
ARTICLE 50- (1) Timeshare contracts are contracts concluded for a period longer than one year that provide the consumer with overnight accommodation for one or more nights for multiple periods during this time.
(2) (Amended:24/3/2022-7392/Art. 8) The fact that the right provided by timeshare contracts is a personal or real right, or that the sale of timeshare is made by financial leasing, does not prevent the application of this article. Except for contracts granting timeshare rights concluded under the provisions of the eighth section of the Condominium Law No. 634 dated 23/6/1965, timeshare contracts providing a real right linked to a property share cannot be concluded with consumers. Timeshare rights cannot be granted by means of cooperative or commercial company partnership, or membership in an association or foundation. Persons who do not have a real right over the property subject to the timeshare cannot sell timeshare.
(3) A long-term holiday service contract is a contract concluded for a period longer than one year that gives the consumer the right to benefit from discounts or other benefits related to accommodation or cases where accommodation is offered together with travel or other services during the specified period.
(4) It is mandatory to provide consumers with a preliminary information form containing the matters determined by the Ministry at least one day before the formation of the following contracts:
a) Timeshare contracts
b) Long-term holiday service contracts
c) Exchange contracts
d) Resale contracts where the seller or provider assists the consumer in the purchase and sale of timeshare or long-term holiday services.
(5) Except for contracts concluded by distance selling methods, the seller or provider is obliged to ensure that the consumer writes the contract date in their own handwriting and signs the contract. One copy of these contracts concluded in writing or at a distance must be given to the consumer on paper or by means of a permanent data storage device. The provisions of the law prescribing heavier formal requirements are reserved.
(6) The consumer has the right of withdrawal from the contract within fourteen days without stating any reason and without paying any penalty. Before the withdrawal period expires, the seller or provider cannot request the consumer to make any payment under any name or to give any document that places the consumer under an obligation. (Additional sentences:24/3/2022-7392/Art. 8) Despite this prohibition, if any amount is taken from the consumer, the amount taken shall be immediately refunded to the consumer. Furthermore, all documents placing the consumer under an obligation are invalid towards the consumer. Timeshare, long-term holiday service contracts, and the resale, exchange, and all other related contracts concluded together with these contracts shall automatically terminate upon the exercise of the right of withdrawal.
(7) If the amount to be paid by the consumer is covered by a lender based on the agreement between the consumer and the seller or provider, in whole or in part, and the consumer withdraws from the contract and the related notification is also directed to the lender within the withdrawal period, the associated loan agreement shall also terminate without any obligation to pay any compensation or penalty.
(8) (Amended:24/3/2022-7392/Art. 8) Prepaid timeshare contracts, including contracts granting timeshare rights, cannot be concluded with consumers.
(9) (Amended:24/3/2022-7392/Art. 8) Except for contracts granting timeshare rights, timeshare contracts shall be concluded for a maximum of ten years.
(10) (Amended:24/3/2022-7392/Art. 8) If the consumer notifies the provider at least ninety days before the start date of the holiday that they will not use the holiday right arising from the personal right timeshare contract for a specific period, no amount can be requested from the consumer under any name for that period.
(11) The content of timeshare, long-term holiday service, resale, and exchange contracts, the rights and obligations of the consumer, seller, and provider, the right of withdrawal (...) and other application procedures and principles shall be determined by regulation.
Package tour contracts
ARTICLE 51- (1) A package tour contract is a contract where at least two of the following services are sold together by package tour organizers or intermediaries at an all-inclusive price or are promised to be sold, and the service covers a period longer than twenty-four hours or includes overnight accommodation:
a) Transportation
b) Accommodation
c) Other tourism services not linked to transportation and accommodation services.
(2) The provisions of this article shall also apply in cases where the details of the tour are determined by the package tour organizer, intermediary, or consumer, or where the services within the same package tour are invoiced separately.
(3) In cases where the package tour organizer does not have a representative in Turkey, the package tour intermediary shall be responsible like the package tour organizer.
(4) It is mandatory to provide the consumer with a preliminary information brochure before the formation of the package tour contract.
(5) Package tour organizers or intermediaries must give the consumer one copy of package tour contracts concluded in writing or at a distance on paper or by means of a permanent data storage device.
(6) In cases where one of the essential elements of the package tour contract changes or the tour is canceled before it starts due to reasons not arising from the consumer, the consumer may accept this change or an alternative tour offered by the package tour organizer, as well as have the right to withdraw from the contract. In case of withdrawal from the contract, the package tour organizer or intermediary is obliged to immediately refund all the amounts paid by the consumer without making any deduction from the date the withdrawal notification reaches them.
(7) The consumer has the right to request a reduction of the amount due to any deficiency arising during the performance of the contract. When it is determined that the package tour organizer has not fulfilled or cannot fulfill a significant obligation after the tour has started, the consumer may withdraw from the contract. In these cases, the right of the package tour organizer or intermediary to charge a fee shall terminate. The payments made must be immediately refunded to the consumer from the date of withdrawal from the contract. However, the package tour organizer may request a reasonable consideration from the consumer in proportion to the extent of the consumer's benefit from the services performed up to that point.
(8) Subject to the provisions of the Travel Agencies and Travel Agencies Association Law No. 1618 dated 14/9/1972 regarding compulsory insurance, the package tour organizer is responsible for all damages suffered by the consumer due to the non-performance or improper performance of the contract. The consumer may also request reasonable compensation for the wasted holiday time.
(9) Persons who benefit from package tour services within the scope of their commercial or professional activities are also considered consumers.
(10) Preliminary information, the content of the contract, the transfer of the package tour, the conditions for making changes to the contract and the consumer's rights in these cases, the consequences of the cancellation of the package tour, the responsibilities of the package tour organizer and intermediary, the cases in which the consumer may request compensation, withdrawal from the contract and its consequences, and other application procedures and principles shall be determined by regulation.
Subscription contracts
ARTICLE 52- (1) A subscription contract is a contract that enables the consumer to acquire a specific good or service continuously or at regular intervals.
(2) One copy of these contracts concluded in writing or at a distance must be given to the consumer on paper or by means of a permanent data storage device.
(3) Fixed-term subscription contracts cannot contain provisions stating that the contract shall extend for the specified period; however, after the formation of the subscription contract, the subscription contract may be extended if the consumer makes a request or gives approval until the date the contract is to terminate.
(4) The consumer has the right to terminate an indefinite-term or a fixed-term subscription contract longer than one year at any time without stating any reason and without paying any penalty. In case of changes to the contract terms by the seller or provider in a fixed-term subscription contract shorter than one year, the consumer may also terminate the contract. It is sufficient that the termination notification is directed to the seller or provider on paper or by means of a permanent data storage device. The seller or provider cannot determine a method containing heavier conditions than the method that enabled the formation of the subscription contract for the termination of the subscription contract.
(5) The seller or provider is obliged to fulfill the consumer's request to terminate the subscription within the periods determined by regulation. In cases where the subscription is not terminated within the specified periods, no amount can be requested from the consumer even if the good or service has been benefited from after the end of these periods. The seller or provider is obliged to refund the remaining part of the fee paid by the consumer without deduction within fifteen days from the date the termination notification becomes effective.
(6) The seller or provider is obliged to take the necessary measures to fulfill the procedures regarding notifications and requests related to the termination of the subscription contract and, when necessary, to establish a suitable system and keep this system open without interruption.
(7) The mandatory content of the contract, the rights and obligations of the consumer, seller, and provider, and other application procedures and principles shall be determined by regulation.
Promotional applications organized by periodical publishers
ARTICLE 53- (1) In promotional applications organized by periodical publishers where a second good or service is promised or provided through tickets, coupons, participation numbers, games, lotteries, and similar means, regardless of the purpose or manner, other than cultural goods or services suitable for the purposes of periodical publishing determined by regulation, no other good or service may be provided.
(2) The duration of promotional applications requiring the purchase of multiple copies of the periodical and spanning a specific period shall not exceed seventy-five days for daily periodicals, eighteen weeks for weekly periodicals, and twelve months for periodicals of longer duration.
(3) The periodical publisher must announce the schedule of delivery and performance dates of the good or service subject to the promotional application in the advertisements of the promotional application and must fulfill the delivery and performance of this good or service within forty-five days from the end of the promotional application.
(4) During the promotional application, the sale price of the periodical cannot be increased due to the cost increase caused by the good or service promised to be provided as a second product. The consumer cannot be required to cover the full or part of the cost of the good or service subject to the promotional application.
(5) The promise and distribution of the good or service subject to the promotional application cannot be divided, and the inseparable or complementary parts of this good or service cannot be made a separate subject of promotion. In the application of this Law, the procedures regarding each good or service promised to be provided as a second product shall be considered an independent promotional application.
(6) Promotional applications not organized by periodical publishers but directly or indirectly associated with periodicals are also subject to the provisions of this article.
(7) The procedures and principles regarding promotional applications shall be determined by regulation.
PART FIVE
Informing the Consumer and Protecting Their Interests
Price tag
ARTICLE 54- (1) It is mandatory to place a label on the goods or their packages or containers offered for retail sale, in an easily visible and readable manner, showing the sale price including all taxes to be paid by the consumer and the unit price, and containing the place of production and distinguishing features; in cases where placing a label is not possible, lists containing the same information must be hung in suitable places where they can be seen. Lists showing the tariffs and prices of services shall also be prepared and hung according to the provision of this article.
(2) In case of a difference between the price stated in the labels, tariffs, and price lists and the cash price, the price favorable to the consumer shall apply.
(3) The discounted sale price, the price before the discount, and the tariffs and price lists and labels of the goods or services subject to discounted sale shall be shown. The proof that the goods or services subject to discounted sale are offered for sale at a lower price than the price before the discount belongs to the seller or provider.
(4) The Ministry, municipalities, and relevant chambers are responsible for carrying out the work related to the application and monitoring of the provisions of this article.
(5) The periods related to discounted sales and other application procedures and principles of labels, tariffs, and price lists shall be determined by regulation.
Promotional and user guide
ARTICLE 55- (1) It is mandatory to offer the goods provided to the consumer for sale with a Turkish promotional and user guide regarding their promotion, use, installation, maintenance, and simple repair, and when necessary, with a label containing international symbols and signs.
(2) If the matters related to the safe use of the good are located on the good, the written and oral expressions must be in Turkish.
(3) In case the goods may be harmful or dangerous to personal health or the environment according to the relevant technical regulation, explanatory information and warnings regarding this situation shall be placed or written on the good or in the promotional and user guide in a manner that is clearly visible and readable for the safe use of the good.
(4) The responsibility for preparing the Turkish promotional and user guides belongs to the manufacturer and importer; the responsibility for giving them to the consumer and proving that they have been delivered belongs to the seller.
(5) Which goods must be sold with a promotional and user guide and label, the minimum elements that must be included in them, and other application procedures and principles shall be determined by regulation.
Warranty certificate
ARTICLE 56- (1) Manufacturers and importers must issue a warranty certificate for the goods produced or imported for consumers, the content of which is determined by regulation. The responsibility for completing this certificate and giving it to the consumer belongs to the seller.
(2) The warranty period starts from the delivery date of the good and is at least two years. However, due to their characteristics, the warranty conditions of certain goods may be determined by the Ministry with another unit of measure.
(3) If the consumer has exercised the right of repair specified in Article 11 of this Law, in cases where the good malfunctions again within the warranty period, the maximum period required for repair is exceeded, or it is understood that repair is not possible, they may exercise the other optional rights in Article 11. The seller cannot refuse the consumer's request. In case of non-fulfillment of this request, the seller, manufacturer, and importer are jointly and severally liable.
(4) Which goods must be sold with a warranty certificate and other application procedures and principles shall be determined by regulation.
Voluntary warranty
ARTICLE 57- (1) Voluntary warranty refers to the additional commitment given by the seller, provider, manufacturer, or importer regarding exchange, repair, maintenance, refund, and similar matters related to the good or service, without prejudice to the consumer's legal rights.
(2) During the period of the voluntary warranty commitment, no cost can be requested from the consumer due to the exercise of the committed rights.
(3) The warrantor is bound by the warranty and by the statements contained in the relevant advertising and promotional materials. The warranty must state that the consumer's legal rights are reserved, the conditions and duration of the warranty, the name and contact details of the warrantor.
(4) The voluntary warranty must be provided to the consumer in writing or by means of a durable medium.
(5) The voluntary warranty binds the warrantor even if it does not contain the characteristics provided for in this article.
Refurbished products
ARTICLE 57/A- (Amended by 24/3/2022-7392, Art. 9)
(1) Refurbished products are used goods that have been put back on the market after improvements have been made to their hardware, software or physical characteristics.
(2) Refurbished products must be provided with a minimum one-year warranty from the date of delivery to the consumer. However, by reason of their characteristics, the warranty conditions for certain goods may also be determined by the Ministry using another unit of measurement.
(3) Goods specified in the Regulation may only be sold as refurbished products if they are refurbished in centres authorised by the Ministry.
(4) Refurbishing centres must obtain an authorisation certificate from the Ministry.
(5) Where verification is required that goods containing electronic identification information have been used and registered, such verification shall be carried out in the records of the Information and Communication Technologies Authority by the Ministry, the refurbishing centre and the authorised recipient, in accordance with the procedures and principles determined by the Ministry.
(6) The goods that are to be refurbished by refurbishing centres, the establishment and liability of refurbishing centres and other application procedures and principles shall be determined by the Regulation.
After-sales services
ARTICLE 58- (1) Manufacturers or importers must provide after-sales maintenance and repair services for the goods they manufacture or import during the useful life determined by the Ministry.
(2) Manufacturers or importers must obtain an after-sales service competence certificate approved by the Ministry for the goods specified in the Regulation and must register up-to-date information on all authorised service stations in the system established by the Ministry.
(3) The repair time of a good at authorised service stations may not exceed the maximum period specified in the Regulation.
(4) Manufacturers or importers may establish authorised service stations themselves or use existing service stations or service organisations, provided that they are responsible for the services provided by the service stations.
(5) Service stations operating independently of any manufacturer or importer are also liable to the consumer for the services they provide. (Additional sentence:24/3/2022-7392, Art. 10) These service stations must use the term “private service” in all media and activities in a manner that is easily visible and legible.
(6) If an importer ceases their commercial activity in any way, the seller, manufacturer and new importer shall be jointly and severally liable for the provision of maintenance and repair services during the warranty period. After the warranty period has expired, the manufacturer or new importer must provide maintenance and repair services during the useful life.
(7) (Amended:24/3/2022-7392, Art. 10) If after the warranty period has expired, the manufacturer or importer does not provide after-sales service for the good during the useful life determined by the Ministry, the consumer may claim compensation for damages.
(8) (Additional:24/3/2022-7392, Art. 10) The goods for which after-sales service is mandatory, the minimum number of authorised service stations to be established, the maximum repair times, the responsibilities of service stations and other application procedures and principles shall be determined by the Regulation.
Consumer awareness
ARTICLE 59- (1) In order to raise consumer awareness, necessary additions shall be made to the curricula of formal and non-formal education institutions by the Ministry of National Education, after consulting the Ministry.
(2) Radio and television organisations broadcasting nationwide must broadcast programmes for the purpose of raising consumer awareness between 08:00 and 22:00, for a period of at least fifteen minutes per month. The date, time, duration and content of the broadcasts made shall be reported in a list to the Radio and Television Supreme Council regularly every month. Broadcasts made outside these hours shall not be included in the monthly fifteen-minute period. These periods shall be monitored by the Radio and Television Supreme Council and the results shall be reported to the Ministry.
Consumer awards
ARTICLE 60- (1) Consumer awards are awards given for the purposes of protecting consumers, raising their awareness and encouraging them to exercise their legal rights.
(2) Awards given under the name of consumer awards or similar names must be given without providing any benefit and must be based on objective criteria announced in advance.
(3) The procedures and principles for awarding consumer awards shall be determined by the Regulation.
PART SIX
Commercial Advertising and Unfair Commercial Practices
Commercial advertising
ARTICLE 61- (1) Commercial advertising refers to marketing communications carried out by advertisers in any medium in written, visual, audible or similar forms for the purpose of promoting the sale or lease of a good or service, informing or persuading those who constitute the target audience, in connection with trade, business, craft or a profession.
(2) Commercial advertisements must comply with the principles determined by the Advertising Board, general morality, public order and personality rights, and must be accurate and honest.
(3) Commercial advertisements that deceive consumers or exploit their lack of experience and knowledge, endanger life or property, encourage violent acts or criminal conduct, harm public health, or exploit consumers, the elderly, children and disabled persons may not be made.
(4) The inclusion of a name, brand, logo or other distinctive shape or expression relating to goods or services, or a commercial title or business name, in writing, news, broadcasts and programmes for the purpose of advertising without clearly stating that it is an advertisement, and its presentation in a promotional manner, shall be considered surreptitious advertising. Surreptitious advertising in any medium by voice, writing or visual means is prohibited.
(5) Comparative advertising of competing goods or services that meet the same needs or are intended for the same purpose may be made.
(6) Advertisers are obliged to prove the accuracy of the claims made in their commercial advertisements.
(7) Advertisers, advertising agencies and media organisations are obliged to comply with the provisions of this article.
(8) The restrictions to be imposed on commercial advertisements and the procedures and principles to be complied with in such advertisements shall be determined by the Regulation.
Unfair commercial practices
ARTICLE 62- (1) A commercial practice shall be considered unfair if it does not comply with the requirements of professional diligence and significantly distorts or is likely to significantly distort the economic behaviour of the average consumer or the average member of the group to which it is directed in relation to goods or services. In particular, practices that are deceptive or aggressive, as well as those specified in the annex to the Regulation, shall be considered unfair commercial practices. Unfair commercial practices directed at consumers are prohibited.
(2) If it is alleged that a commercial practice is unfair, the party engaged in the commercial practice is obliged to prove that its practice is not an unfair commercial practice.
(3) Where an unfair commercial practice is carried out by means of advertising, the provisions of Article 61 of this Law shall apply.
(4) The procedures and principles for detecting and monitoring unfair commercial practices, and the practices that shall in any case be considered unfair commercial practices, shall be determined by the Regulation.
Advertising Board
ARTICLE 63- (1) An Advertising Board shall be established to determine the principles to be complied with in commercial advertisements and to make regulations aimed at protecting consumers against unfair commercial practices, to conduct examinations and, where necessary, inspections in this regard, and to issue a decision to stop the practice, to correct it by the same method, or to impose an administrative fine, or in cases deemed necessary, to impose a precautionary stop order of up to three months. The Board may delegate its authority to issue a precautionary stop order to the Chairman of the Advertising Board. The decisions of the Board shall be implemented by the Ministry.
(2) The Advertising Board, whose chairmanship is exercised by the relevant General Manager appointed by the Minister, shall consist of:
a) one member appointed by the Ministry from among its relevant Deputy General Managers,
b) one member appointed by the Ministry of Justice from among judges or prosecutors working in administrative positions in this Ministry,
c) one member appointed by the Ministry of Food, Agriculture and Livestock,
d) one member appointed by the Ministry of Health,
e) one member appointed by the Ministry of Culture and Tourism,
f) one member from the Turkish Standards Institute,
g) one member chosen by the metropolitan municipalities of Ankara, Istanbul and Izmir from among themselves,
h) one member appointed by the Turkish Higher Education Council from among academic staff specialising in advertising, communication or commercial law,
i) one member appointed by the Turkish Confederation of Chambers of Commerce and Industry,
j) one member chosen by the associations of advertisers or, where applicable, their umbrella organisation,
k) one member chosen by the associations of advertisers or, where applicable, their umbrella organisation,
l) one pharmacist member appointed by the Turkish Pharmacists’ Association,
m) one dental member appointed by the Turkish Dental Association,
n) one medical doctor member appointed by the Central Council of the Turkish Medical Association,
o) one lawyer member appointed by the Union of Turkish Bar Associations,
comprising nineteen members including the Chairman.
(3) The term of office of the Board members shall be three years. Those whose term has expired may be reappointed or re-elected. If a membership becomes vacant for any reason, a new appointment or election shall be made within one month in accordance with the principles set out in the second paragraph. The duties of the member whose term has expired shall continue until the new member takes office.
(4) The Board shall meet at least once a month or whenever necessary at the call of the Chairman.
(5) The Board shall meet with at least eleven members present, including the Chairman, and shall make decisions by a simple majority of those attending. (Additional sentence:24/3/2022-7392, Art. 11) In cases where the Chairman cannot attend the meeting, the relevant Deputy General Manager of the Ministry shall chair the Board. In the event of an equal vote, the side supported by the Chairman’s vote shall constitute the majority.
(6) The Ministry shall establish specialised commissions in sectoral fields to assist the Board in making decisions. The commissions shall consist of at least three and no more than five persons, including the Chairman.
(7) The attendance fees and remuneration payable to the Chairman and members of the Board and the Chairmen and members of the specialised commissions, and the procedures and principles relating thereto, shall be determined by the Ministry after obtaining the appropriate opinion of the Ministry of Finance.
(8) The Board shall conduct its examination based on the file containing the relevant documents. The secretarial services of the Board shall be performed by the General Directorate.
(9) Where deemed necessary, the Board may seek the views of universities with specialised expertise, private legal entities and natural persons on matters requiring special expertise.
(10) The decisions of the Board shall be announced by the Ministry for the purpose of informing and educating consumers and protecting their economic interests.
(11) The establishment of the Advertising Board and the specialised commissions, their duties, procedures and principles of operation, secretarial services and other matters shall be determined by the Regulation.
PART SEVEN
Consumer Organisations
CHAPTER ONE
Consumer Council and Advertising Council
Consumer Council
ARTICLE 64- (1) The Consumer Council shall meet at least once a year under the coordination of the Ministry for the purpose of identifying consumer problems and needs, investigating the necessary measures for the protection of their interests and submitting their views on measures for the implementation of this Law to the relevant authorities, with priority given to these matters.
(2) The number of representatives from public institutions and organisations on the Consumer Council may not exceed fifty per cent of the total number of members of the Council under any circumstances.
(3) The members of the Consumer Council, procedures and principles of operation and other matters shall be determined by the Regulation.
Advertising Council
ARTICLE 65- (1) The Advertising Council shall meet at least once a year under the coordination of the Ministry for the purpose of monitoring contemporary communication practices in connection with the formulation and implementation of advertising policies, conducting research and studies aimed at the development of the advertising sector and the advertising monitoring function, expressing views and recommendations in this field and submitting these views and recommendations to the relevant authorities.
(2) The number of representatives from public institutions and organisations on the Advertising Council may not exceed fifty per cent of the total number of members of the Council under any circumstances.
(3) The members of the Advertising Council, procedures and principles of operation and other matters shall be determined by the Regulation.
CHAPTER TWO
Consumer Arbitration Committees
Establishment and scope of authority
ARTICLE 66- (1) (Amended:24/3/2022-7392, Art. 12) The Ministry is obliged to establish consumer arbitration committees to resolve disputes arising from consumer transactions and practices directed at consumers. The scope of authority and division of labour of the consumer arbitration committees shall be determined by the Ministry.
(2) The consumer arbitration committee, whose chairmanship is exercised by the provincial director of commerce in the provinces and by the district governor or an official appointed by them in the districts, shall consist of:
a) one member appointed by the Mayor from among municipal staff who are experts on the subject,
b) one member appointed by the Bar Association from among its members,
c) in disputes where the seller is a trader, one member appointed by the chamber of commerce and industry or, where they are separately organised, by the chamber of commerce; in disputes where the seller is a tradesman or artisan, one member appointed by the union of chambers of tradesmen and artisans in the provinces or, in the districts, by the chamber of tradesmen and artisans with the largest number of members,
d) one member chosen by consumer organisations from among themselves,
comprising five members including the Chairman. The alternates for the Chairman and members possessing the qualifications specified in this paragraph shall also be determined separately. (Additional sentences:11/7/2020-7249, Art. 26) In provinces where more than one Bar Association is established, appointments to the provincial and district consumer arbitration committees shall be made on the basis of equal and rotating representation of the Bar Associations. The procedures and principles relating to appointments shall be set out in the Regulation prepared by the Union of Turkish Bar Associations.
(3) Where the formation of a consumer arbitration committee cannot be ensured, the vacancies shall be filled by civil servants possessing the membership qualifications specified in the Regulation, by the provincial director of commerce in the provinces and by the district governor in the districts.
Rapporteur
ARTICLE 67- (1) Rapporteurs may be employed in consumer arbitration committees established in provincial and district centres. In provinces where the number of rapporteurs is insufficient, the provincial director of commerce shall appoint a sufficient number of rapporteurs from among the staff of the provincial directorate of commerce, and in the districts, the district governor shall appoint them from among the civil servants serving in the district.
(2) Consumer arbitration committee rapporteurs are obliged to prepare the files that shall serve as the basis for the committee's work and decisions and to submit the report on the dispute.
Application
ARTICLE 68- (1) (Amended sentence:24/3/2022-7392, Art. 13) Without prejudice to the rights of the parties under the Execution and Bankruptcy Law; applications to consumer arbitration committees are mandatory for disputes whose value is below thirty thousand Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes exceeding this value.
(2) Consumer arbitration committees must accept applications made to them to take the necessary action.
(3) Applications may be made to the consumer arbitration committee in the place where the consumer resides or where the consumer transaction took place. (Amended sentence:24/3/2022-7392, Art. 13) In places where there is no consumer arbitration committee, applications may be made to the district governorate. (Additional sentence:24/3/2022-7392, Art. 13) Such applications shall be forwarded by the district governorates to the authorised consumer arbitration committee determined by the Ministry to take the necessary action.
(4) The monetary limits specified in this article shall apply from the beginning of each calendar year and shall be increased and applied in accordance with the revaluation rate determined and announced for that year pursuant to the provisions of Article 298 repeated of the Tax Procedure Law No. 213 dated 4/1/1961. In calculating these increases, fractions of one thousand Turkish Liras shall not be taken into account.
(5) This article does not prevent consumers from applying to alternative dispute resolution bodies in accordance with the relevant legislation.
Examination
ARTICLE 69- (1) Consumer arbitration committees may request all kinds of information and documents relating to the subject of the dispute from the parties and the relevant institutions or organisations.
Decision and appeal against the decision
ARTICLE 70- (1) (Amended sentence:24/3/2022-7392, Art. 14) Consumer arbitration committee decisions are binding on the parties. (Additional sentence:10/9/2014-6552, Art. 140) Consumer arbitration committees may not decide that attorney fees shall be paid.
(2) (Amended sentence: 24/3/2022-7392 Art. 14) Documents required to be served by the consumer arbitration committee shall be served electronically to the parties or their representatives in accordance with the provisions of Article 107/A of Law No. 213; in cases where service cannot be made electronically, the provisions of the Notification Law No. 7201 dated 11/2/1959 shall apply. The decisions of the consumer arbitration committee shall be executed in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the execution of judgments.
(3) The parties may appeal against the decisions of the consumer arbitration committee within fifteen days from the date of notification to the consumer arbitration committee or the consumer court in whose place of residence the consumer arbitration committee is located. An appeal does not stay the execution of the decision of the consumer arbitration committee. However, upon request, the judge may stay the execution of the decision of the consumer arbitration committee by way of an injunction.
(4) If the appealed decision is found to be in accordance with the law in principle but an error has been made in applying the law to the case, or if the appeal should be accepted or no retrial is required regarding the non-compliant aspect, the consumer court may issue a decision confirming the decision ex parte, by amending or correcting it. This provision also applies to errors regarding the identities of the parties, their trade names, writing, calculation, or other clear expressions. If the decision is found to be in accordance with procedure and the law but the stated reasoning is found incorrect, it shall be confirmed by amending or correcting the reasoning.
(5) The decision of the consumer court rendered upon an appeal against the decisions of the consumer arbitration committee shall be final.
(6) In appeal cases filed against decisions rendered by consumer arbitration committees in favor of consumers, if the decision is overturned, an attorney fee shall be imposed against the consumer in accordance with the relative tariff based on the minimum attorney fee schedule. (Added sentence: 24/3/2022-7392 Art. 14) However, if a piece of information or a document that was available but not submitted to the consumer arbitration committee is submitted to the consumer court and the decision is overturned, no litigation costs or attorney fees may be imposed against the consumer.
(7) In decisions rendered by the consumer arbitration committee against consumers regarding a dispute, the notification and expert fees shall be covered by the Ministry. If the dispute is resolved in favor of the consumer, the notification and expert fees shall be collected from the opposing party in accordance with the provisions of the Law on the Procedure for Collection of Public Receivables No. 6183 dated 21/7/1953 and recorded as revenue in the budget.
Attendance fee and remuneration
ARTICLE 71- (1) The attendance fee and remuneration payable to the chairman and members of the consumer arbitration committee, other public personnel appointed as rapporteurs, and expert fees, as well as the procedures and principles regarding these payments, shall be determined by the Ministry after obtaining the favorable opinion of the Ministry of Finance.
Other matters
ARTICLE 72- (1) The establishment of consumer arbitration committees, their operating procedures and principles, the qualifications of rapporteurs, the procedures and principles regarding the expert institution, and other matters shall be determined by regulation.
EIGHTH PART
Provisions Regarding Litigation, Inspection, and Penalties
Consumer courts
ARTICLE 73- (1) Consumer courts shall have jurisdiction over cases regarding disputes arising from consumer transactions and practices aimed at consumers.
(2) Cases filed before consumer courts by the Ministry, consumers, and consumer organizations shall be exempt from the fees prescribed in the Fees Law No. 492 dated 2/7/1964.
(3) In cases filed by parent organizations of consumer organizations, the expert fees and, if the case results against the plaintiff, the imposed attorney fees shall be covered by the Ministry. If the case results against the defendant, the expert fees shall be collected from the defendant in accordance with the provisions of the Law on the Procedure for Collection of Public Receivables and recorded as revenue in the budget.
(4) Cases to be heard in consumer courts shall be conducted in accordance with the provisions of Part Six of the Code of Civil Procedure Law No. 6100 dated 12/1/2011.
(5) Consumer cases may also be filed in the consumer court in the place of residence of the consumer.
(6) Consumer organizations, relevant public institutions and organizations, and the Ministry may file a lawsuit in consumer courts to obtain an interim injunction decision regarding the prevention or halting of unfair commercial practices and commercial advertisements, or to ascertain, prevent, or halt an unlawful situation, except for provisions regarding unfair commercial practices and commercial advertisements, in cases generally affecting consumers and where there is a risk of an unlawful situation arising.
(7) In cases generally affecting consumers, the plaintiff may request the publication of the rendered decisions. If the request is accepted by the court, this decision shall be immediately published in at least three newspapers published nationwide, with the costs to be recovered from the defendant.
(8) Finalized decisions rendered by consumer courts shall be transmitted to the Ministry through the National Judicial Network Information System. Decisions rendered upon appeals against the decisions of consumer arbitration committees shall be sent by the court that rendered the decision to the relevant consumer arbitration committee.
Mediation as a condition of litigation
ARTICLE 73/A- (Added: 22/7/2020-7251 Art. 59)
(1) In disputes heard in consumer courts, it is a condition of litigation that mediation must have been sought before filing the lawsuit. However, the provisions regarding mediation as a condition of litigation shall not apply to the matters specified below:
a) Disputes within the scope of the duties of the consumer arbitration committee
b) Appeals against the decisions of the consumer arbitration committee
c) Cases specified in the sixth paragraph of Article 73
d) Cases specified in Article 74
e) Disputes arising from consumer transactions and the title of immovable property
(2) The eleventh paragraph of Article 18/A of the Mediation in Civil Disputes Law No. 6325 dated 7/6/2012 shall not apply against consumers.
(3) If the parties cannot be reached at the end of the mediation process, if a meeting cannot be held because the parties do not participate, or if the parties reach or fail to reach an agreement, the mediation fee to be paid by the consumer shall be covered by the budget of the Ministry of Justice. However, in the specified cases, the mediation fee may not exceed the amount of a two-hour fee according to the Mediation Fee Schedule, which is an annex to the Minimum Attorney Fee Schedule.
(4) If the lawsuit filed at the end of the mediation process results in favor of the consumer, the mediation fee shall be collected from the defendant in accordance with the provisions of Law No. 6183 and recorded as revenue in the budget.
Halting production or sale and recalling the goods
ARTICLE 74- (1) The Ministry, consumers, or consumer organizations may file a lawsuit to ascertain that a series of goods offered for sale is defective, to halt its production or sale, to eliminate the defect, and to recall it from those holding it for sale.
(2) If the court ascertains that the series of goods offered for sale is defective, the court may issue decisions to temporarily halt the sale of the goods or to eliminate the defect, depending on the nature of the defect. The manufacturer or importer is obliged to eliminate the defect of the goods within at most three months from the date of notification of the court decision. If it is impossible to eliminate the defect of the goods, the goods shall be collected or have them collected by the manufacturer or importer. The collected goods shall be partially or completely destroyed, or have them destroyed, according to the risks they pose. The consumer's rights to sue and claim compensation regarding the destroyed goods are reserved.
(3) If a series of goods offered for sale carries a defect that endangers the safety of the consumer, the provisions of the Law on the Preparation and Implementation of Technical Legislation Regarding Products shall remain reserved.
Inspection
ARTICLE 75- (1) In the implementation of this Law, Ministry inspectors, customs and trade inspectors, and personnel appointed by the Ministry are authorized to conduct inspections, examinations, and investigations wherever goods or services are offered.
(2) In matters covered by this Law, it is mandatory to truthfully present or, when requested by authorized and competent persons or organizations, provide the originals or certified copies of all information and documents.
Consumer product and service inspection
ARTICLE 76- (1) A consumer product is any new, used, or refurbished product designed for use by consumers, including those used in the service sector, or intended to be used by consumers under reasonable conditions, whether supplied or made available through commercial activities or other means.
(2) Antiques and second-hand products that require repair or refurbishment before use shall not be considered within the scope of the first paragraph, provided that the manufacturer or distributor clearly informs the consumer.
(3) Consumer products and services offered to consumers must not harm life, property safety, or the environment, and must comply with all mandatory administrative and technical regulations.
(4) The Ministry is obliged to carry out the market surveillance and inspection of consumer products for which it is responsible in accordance with the provisions of the Law on the Preparation and Implementation of Technical Legislation Regarding Products.
Penal provisions
ARTICLE 77- (1) An administrative fine of two hundred Turkish Liras shall be imposed for each transaction or contract found to be non-compliant against those who act contrary to the obligations specified in Articles 4, 6, 7, 18, 19, 20, 21, 26, 30, 35, 49, 51, 52, 54, and 57 of this Law, and in the second, third, fourth, sixth, and seventh paragraphs of Article 48, as well as those who fail to deliver or assemble the goods on time pursuant to the third paragraph of Article 8, for each transaction or contract found to be non-compliant.
(2) If unfair terms determined pursuant to Article 5 of this Law are used in consumer contracts, and such unfair terms are not removed from the text of the contract within the period to be given by the Ministry, an administrative fine of two hundred Turkish Liras shall be imposed for each contract found to be non-compliant.
(3) An administrative fine of one thousand Turkish Liras shall be imposed for each transaction or contract found to be non-compliant against those who act contrary to the obligations specified in Articles 23, 24, 25, 27, 28, 29, 33, 34, 36, 37, 38, 39, 41, 43, 45, and 46 of this Law, and in the first, second, and fourth paragraphs of Article 31, the second paragraph of Article 40, and the third, fourth, fifth, and seventh paragraphs of Article 47.
(4) (Amended: 24/3/2022-7392 Art. 15) This Law;
a) For sellers or providers who act contrary to each of the obligations specified in the fourth, fifth, sixth, seventh, ninth, tenth, and eleventh paragraphs of Article 50, an administrative fine of three thousand five hundred Turkish Liras shall be imposed for each transaction or contract found to be non-compliant, not exceeding five million Turkish Liras per project in a calendar year as of the date the non-compliance is detected.
b) For those who, contrary to Article 50;
1) establish or mediate the establishment of a timeshare contract with consumers providing a real right linked to a share of ownership, or grant a timeshare right through a cooperative, a commercial company partnership, or membership in an association or foundation, and those who mediate this transaction, and those who sell a timeshare despite not having a real right over the property subject to the timeshare, contrary to the second paragraph;
2) establish or mediate the establishment of a prepaid timeshare contract with consumers, contrary to the eighth paragraph,
a prison sentence of three to six years shall be imposed. If the crimes specified in this paragraph are committed within the scope of the activities of a legal entity, additional security measures specific to them shall be imposed.
(5) An administrative fine of one hundred thousand Turkish Liras shall be imposed against those who act contrary to the obligations specified in the third paragraph of Article 40 and the second paragraph of Article 47 of this Law; and an administrative fine of seventy thousand Turkish Liras shall be imposed for each housing unit not delivered against those who act contrary to the obligations specified in Article 44.
(6) An administrative fine of two hundred Turkish Liras shall be imposed against the manufacturer or importer for each good made available on the market, and against the seller for each good sold to a consumer, for acting contrary to the obligations specified in Articles 55 and 56 of this Law.
(7) An administrative fine of one hundred thousand Turkish Liras shall be imposed against those who offer rewards contrary to the matters specified in Article 60 of this Law.
(8) Those who act contrary to the obligations specified in the third paragraph of Article 31 and Article 42 of this Law shall be given one month to remedy the non-compliance. If the non-compliance is not remedied by the end of this period, an administrative fine of five million Turkish Liras shall be imposed against card-issuing institutions acting contrary to the third paragraph of Article 31, and an administrative fine of five hundred thousand Turkish Liras shall be imposed against those acting contrary to Article 42.
(9) An administrative fine of five thousand Turkish Liras shall be imposed against periodical publication institutions acting contrary to the obligations specified in Article 53 of this Law; if the non-compliance is carried out with a periodical distributed nationwide, an administrative fine of one hundred thousand Turkish Liras shall be imposed. The periodical publication institution shall also halt the campaign and all advertisements and announcements related to the campaign. If the non-compliance continues, an administrative fine of ten thousand Turkish Liras shall be imposed for each issue/day from the date the obligation to halt the advertisement and announcement arises.
(10) (Amended: 24/3/2022-7392 Art. 15) This Law;
a) For those who act contrary to Article 57/A, an administrative fine of five hundred thousand Turkish Liras shall be imposed if they engage in refurbishment activities without a certificate regarding goods requiring a renewal authorization certificate; and an administrative fine of five hundred Turkish Liras shall be imposed for each transaction regarding the non-compliances and deficiencies detected in the sale of refurbished products.
b) For manufacturers and importers who act contrary to Article 58;
1) an administrative fine of three hundred fifteen thousand Turkish Liras if the after-sales service competence certificate is not obtained,
2) an administrative fine of five thousand Turkish Liras if registration in the system established by the Ministry is not made or the registration is not updated,
3) an administrative fine of thirty-five thousand Turkish Liras for each service station shortfall when the minimum number of service stations cannot be provided after the after-sales service competence certificate is obtained,
4) an administrative fine of five thousand Turkish Liras for each service station regarding the deficiencies and non-compliances detected in the service stations,
shall be imposed.
c) An administrative fine of five thousand Turkish Liras shall be imposed against those who act contrary to the provisions of the fifth paragraph of Article 58.
(11) An administrative fine of ten thousand Turkish Liras shall be imposed against radio and television stations acting contrary to the obligations specified in the second paragraph of Article 59 of this Law.
(12) Advertisers, advertising agencies, and media organizations acting contrary to the obligations specified in Article 61 of this Law shall be subject to a halting or correction by the same method, an administrative fine, and, where deemed necessary, a precautionary halting penalty of up to three months. The Advertising Board may issue these penalties together or separately depending on the nature of the violation. The non-compliance;
a) if carried out through a television channel broadcasting locally, shall be subject to an administrative fine of ten thousand Turkish Liras,
b) if carried out through a television channel broadcasting nationwide, an administrative fine of two hundred thousand Turkish Liras,
c) if carried out through periodicals, half of the penalties specified in paragraphs (a) and (b),
d) if carried out through a radio channel broadcasting locally or via satellite, five thousand Turkish Liras,
e) if carried out through a television channel broadcasting via satellite or through the internet, fifty thousand Turkish Liras,
f) if carried out through short messages, twenty-five thousand Turkish Liras,
g) if carried out through other media, five thousand Turkish Liras,
shall be imposed. If the violation subject to administrative action is repeated within one year, the Advertising Board may apply the above-mentioned administrative fines up to ten times. (Added sentences: 24/3/2022-7392 Art. 15) In addition to these penalties, if the non-compliance is carried out through the internet, the Advertising Board may decide to block access to the broadcast, part, or section related to the violation (in the form of a URL, etc.). However, if it is technically impossible to block access to the content related to the violation or if the violation cannot be prevented by blocking access to the relevant content, a decision may be made to block access to the entire website. This decision shall be sent to the Association of Internet Service Providers for implementation pursuant to Article 6/A of Law No. 5651 dated 4/5/2007 on the Regulation of Publications Made in the Internet Environment and Combating Crimes Committed Through These Publications. An appeal against this decision may be made to the criminal court of peace. An appeal against the decision rendered by the criminal court of peace may be made pursuant to the provisions of the Code of Criminal Procedure Law No. 5271 dated 4/12/2004.
(13) Those who act contrary to the obligations specified in Article 62 of this Law shall be subject to a penalty of halting the unfair commercial practice for up to three months as a precautionary measure or halting it, or an administrative fine of five thousand Turkish Liras. The Board may issue these penalties together or separately depending on the nature of the violation. If the non-compliance is nationwide, the administrative fine shall be imposed as fifty thousand Turkish Liras. If it is detected that the non-compliance was carried out through advertising, the provisions of the twelfth paragraph of this article shall apply.
(14) An administrative fine of one million Turkish Liras shall be imposed against those who act contrary to the obligations specified in the fifth paragraph of Article 48 of this Law; an administrative fine of one hundred thousand Turkish Liras against manufacturers or importers acting contrary to the obligations specified in Article 74; and an administrative fine of five thousand Turkish Liras against those who act contrary to the obligations specified in the first paragraph of Article 79.
(15) Those who act in violation of the obligations specified in the second paragraph of Article 75 of this Law shall be warned to provide accurate information and documents or enable an on-site inspection within seven days. If the violation continues despite the warning, an administrative fine of no less than eighty thousand Turkish Liras, calculated as one percent of the annual gross income generated at the end of the financial year preceding the detection of the violation, shall be imposed. (Additional sentences: 24/3/2022-7392/Art. 15) If no gross income was generated in the preceding financial year, the most recent gross income shall be taken into account. In cases where the gross income is not reported or is reported incorrectly, an administrative fine of three million Turkish Liras shall be imposed. In the case of timeshare sales, if the violation continues despite the warning, an administrative fine of three million Turkish Liras shall be imposed. If the violation is repeated within one year, the administrative fine shall be doubled.
(16) Providers who offer services in violation of the obligations specified in the third paragraph of Article 76 of this Law shall be subject to an administrative fine of two hundred Turkish Liras for each transaction.
(17) The relevant provisions of the Turkish Penal Code No. 5237 dated 26/9/2004 shall apply to those who establish, organize, or disseminate pyramid sales systems in violation of Article 80 of this Law, or who promote the dissemination of such a system through methods suitable for the participation of many people, including through meetings or electronic mail, or who otherwise support the dissemination of such a system for commercial purposes.
(18) Those who are not included in the above but do not comply with the obligations imposed by this Law or the measures determined by the Ministry by regulation or communiqué shall be subject to an administrative fine of between one thousand and fifty thousand Turkish Liras.
(19) Except for the administrative fines in the second, fourth, eighth, ninth, twelfth, and thirteenth paragraphs of this article and the administrative fines regarding timeshare sales, if the total amount of administrative fines imposed in a calendar year as of the date the violation is detected exceeds eighty thousand Turkish Liras, the total amount of administrative fines shall be no less than this amount and not exceed one hundred and twenty million Turkish Liras;
a) It may not exceed five percent of the annual gross income generated at the end of the financial year preceding the detection of the violation by the natural or legal person subject to the fine. If no gross income was generated in the preceding year, the gross income generated as of the date of detection shall be taken into account. This provision shall not apply in cases where the gross income is not reported or is reported incorrectly.
b) For banks, financial institutions providing consumer loans, and card-issuing institutions, it may not exceed five thousandths of the equity published in the most recently published financial statements.
(20) The imposition of administrative sanctions under this Law does not prevent the performance of procedures to be carried out under other laws. The Ministry is authorized to resolve any doubts arising from the application of this article.
Reconciliation
ARTICLE 77/A- (Additional: 28/11/2017-7061/Art. 116)
(1) Regarding the administrative fines provided for in this Law, if the person subject to the fine claims that the detected violations resulted from an insufficient understanding of the provisions of the law or from an incorrect interpretation of the provisions of the law, or that there is a difference of opinion with the administration regarding the disputed matter as evidenced by judicial decisions, the Ministry may reconcile with the person subject to the administrative fine within the framework of the provisions in this article.
(2) Except for administrative fines imposed by the Advertising Board, a request for reconciliation may be made against administrative fines imposed by the Ministry and administrative fines imposed by governorships within the scope of this article.
(3) A request for reconciliation shall be made within fifteen days from the date of notification of the administrative fine decision, and only for administrative fines for which no application has yet been made to administrative courts. If a request for reconciliation is made, the period for filing a lawsuit shall be suspended; if reconciliation cannot be reached, the period shall resume from where it was suspended. If reconciliation cannot be reached, a request for reconciliation cannot be made again.
(4) Requests for reconciliation made under this article shall be evaluated by reconciliation commissions. The reconciliation minutes drawn up by the reconciliation commissions shall be final, and the administration shall immediately carry out the necessary action. The person subject to the fine may not file a lawsuit or make a complaint to any authority regarding the matters agreed upon and determined in the minutes.
(5) In the event of reconciliation, the discount rate applied to the administrative fine may not exceed fifty percent. Administrative fines for which a request for reconciliation is made under this article shall not benefit from the advance payment discount under Article 17 of the Misdemeanor Law No. 5326 dated 30/3/2005. If reconciliation is reached regarding the administrative fines, the reconciliation minutes shall be notified at the time of reconciliation and shall be paid within fifteen days from notification.
(6) The attendance fees and honoraria to be paid to the chairpersons and members of the reconciliation commissions for their work in these commissions, as well as the procedures and principles related thereto, shall be determined by the Ministry after obtaining the appropriate opinion of the Ministry of Finance.
(7) The establishment and operation of reconciliation commissions, and the procedures and principles regarding applications made under this article, shall be regulated by regulation.
Authority and objection to penalties
ARTICLE 78- (1) (Amended: 24/3/2022-7392/Art. 16) Administrative sanction decisions provided for in the twelfth and thirteenth paragraphs of Article 77 shall be issued by the Advertising Board, and administrative sanction decisions provided for in the other paragraphs shall be issued by the Ministry. The Ministry may delegate this authority to provincial directorates of commerce in the provinces.
(2) An application to administrative courts against administrative sanction decisions issued under the provisions of this Law may be made in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982. However, a lawsuit in the administrative court shall be filed within thirty days from the day following the notification of the action. The filing of an annulment lawsuit in the administrative court does not suspend the execution of the decision.
(3) Administrative fines issued under this Law must be paid within one month from notification.
PART NINE
Miscellaneous Provisions
Food imitation products
ARTICLE 79- (1) The production, marketing, import, and export of products that, despite not being food products, appear different from what they are due to their shape, smell, color, appearance, packaging, label, volume, or dimensions, and therefore are mistaken for food products by consumers, especially children, thereby endangering the health and safety of consumers, are prohibited. Products that, despite not being food products, are produced in the form of food products as traditional handicrafts and do not harm health are excluded from this provision, provided that they bear a warning sign and text.
(2) The Ministry is authorized to take necessary measures and make regulations against these products that appear different from what they are and endanger the health and safety of consumers.
(3) In the event that the unsafety of these products offered on the market is detected, the provisions of the Law on the Preparation and Implementation of Technical Legislation on Products shall apply regarding the measures to be taken and the notification of these measures to the European Commission.
(4) The Ministry is responsible for the market surveillance and inspection of products within this scope.
(5) Consumers who purchase food imitation products reserve the right to file a lawsuit for the material and moral damages they suffer.
Pyramid sales systems
ARTICLE 80- (1) Pyramid sales is a system that gives the hope of earning money or property by requiring participants to put up a certain amount of money or property in return for finding other participants under the same conditions, and making the acquisition of property entirely or partially dependent on the compliant behavior of other participants, thus creating unrealistic or extremely difficult-to-achieve expectations of earnings.
(2) The establishment, dissemination, or recommendation of pyramid sales systems is prohibited.
(3) The Ministry is authorized to conduct necessary investigations regarding pyramid sales systems and, if any, to take necessary measures in cooperation with relevant public institutions or organizations, including stopping the electronic system in our country.
Tests, inspections, and analyses
ARTICLE 81- (1) For the implementation of this Law, the Ministry may utilize the laboratories of official or private organizations. Test and inspection fees shall be covered by the Ministry's budget.
(2) If the results of tests and inspections are found to be contrary to the relevant administrative and technical regulations, all related expenses shall be collected from the manufacturer or importer in accordance with the provisions of the Law on the Procedure for Collection of Public Debts. The collected test and inspection fees shall be recorded as revenue in the budget.
Appropriation
ARTICLE 82- (1) The expenses related to the activities of the Advertising Board, Advertising Council, Consumer Council, and consumer arbitration committees, the Ministry's expenses aimed at protecting the consumer, and other expenditures shall be covered by the appropriation to be placed in the Ministry's budget.
Other provisions
ARTICLE 83- (1) In cases not provided for in this Law, general provisions shall apply.
(2) The existence of regulations in other laws regarding transactions created by one of the parties does not prevent such a transaction from being considered a consumer transaction and the application of the provisions of this Law regarding duties and authority.
Regulations and other regulatory procedures
ARTICLE 84- (1) The Ministry is authorized to take necessary measures and make regulations within the framework of the legislation related to the implementation of this Law.
(2) The regulations provided for in this Law shall be issued by the Ministry within six months from the date the Law enters into force.
(3) In the secondary regulations to be issued by the Ministry, the opinions of relevant public institutions and organizations, public professional organizations, non-governmental organizations, and professional associations shall be obtained.
Creation of positions
ARTICLE 85- (1) The positions listed in the attached list shall be created and added to the section belonging to the Ministry of Customs and Trade in Schedule (I) of the Decree-Law on General Staffing and Procedures No. 190 dated 13/12/1983.
Repealed provisions
ARTICLE 86- (1) The Consumer Protection Law No. 4077 dated 23/2/1995 has been repealed. References to the Consumer Protection Law in other legislation shall be deemed to be references to this Law.
Transitional provisions
TRANSITIONAL ARTICLE 1- (1) Lawsuits filed before the date this Law enters into force shall continue to be heard in the courts where they were filed.
(2) Regarding consumer transactions made before the date this Law enters into force, their legal bindingness, and their consequences, the provisions of the law that was in force when these transactions occurred shall generally apply. However:
a) Provisions of contracts established before the date this Law enters into force and still valid that are contrary to this Law shall not apply from the date of enforcement.
b) If forfeiture periods and statutes of limitations that commenced before the date this Law enters into force have not expired, they shall expire upon the expiration of the period provided for in this Law.
(3) Until the regulations provided for in this Law enter into force, the provisions of the regulations and other legislation issued based on the Consumer Protection Law repealed by this Law shall apply, provided they are not contrary to this Law.
TRANSITIONAL ARTICLE 2- (Additional: 22/7/2020-7251/Art. 60)
(1) The provisions of this Law regarding mediation as a condition for litigation shall not apply to lawsuits heard in courts of first instance, regional courts of justice, and the Supreme Court as of the date these provisions enter into force.
TRANSITIONAL ARTICLE 3- (Additional: 24/3/2022-7392/Art. 17)
(1) Regarding consumer transactions made before the date this article enters into force, their legal bindingness, and their consequences, the provisions of the law that was in force when these transactions occurred shall generally apply. However, the provisions of indefinite-term consumer contracts established before the date this article enters into force and still valid that are contrary to this Law shall not apply from the date this article enters into force.
(2) For immovable properties subject to timeshare for which a building permit has been obtained as of the date of publication of this article, timeshare sales, including prepaid sales, and sales of rights in rem or personal rights attached to property shares may be made for five years from the date of publication of this article.
(3) Regarding timeshare contracts established before the date of publication of this article and contracts established within the scope of the second paragraph, the provisions of the law before the date of publication of this article, including the provisions on administrative fines, shall apply together with the provisions of the tenth paragraph of Article 50, which was amended by the Law creating this article.
(4) For applications made to consumer arbitration committees pursuant to Articles 66, 68, and 73, and lawsuits filed in courts, the provisions regarding duties and authority that were in force on the date the applications were made and the lawsuits were filed shall apply.
Enforcement
ARTICLE 87- (1) This Law shall enter into force six months after its date of publication.
Execution
ARTICLE 88- (1) The provisions of this Law shall be executed by the Council of Ministers.
TABLE OF ADMINISTRATIVE FINE
AMOUNTS UNDER ARTICLE 77 OF THE CONSUMER PROTECTION
LAW NO. 6502
(The administrative fines to be applied in 2023 pursuant to Article 77 of the Consumer Protection Law No. 6502, published in the Official Gazette dated 16/12/2022 and numbered 32045, and the amounts of administrative fines regulated in Article 77 of the Consumer Protection Law No. 6502 shall be applied as follows from 1/1/2023.)
|
Article 77 of Law No. 6502; |
TL |
||
|
Fine amount in the first paragraph |
1.371 |
||
|
Fine amount in the second paragraph |
1.371 |
||
|
Fine amount in the third paragraph |
6.928 |
||
|
Fine amounts in the fourth paragraph |
(a) paragraph |
1.114.650 |
|
|
7.802 |
|||
|
Fine amount in the fifth paragraph |
694.259 |
||
|
156.051 |
|||
|
Fine amount in the sixth paragraph |
1.371 |
||
|
Fine amount in the seventh paragraph |
694.259 |
||
|
Fine amounts in the eighth paragraph |
34.713.433 |
||
|
3.471.329 |
|||
|
Fine amounts in the ninth paragraph |
34.701 |
||
|
694.259 |
|||
|
69.411 |
|||
|
Fine amounts in the tenth paragraph |
(a) paragraph |
1.114.650 |
|
|
1.114 |
|||
|
(b) paragraph |
1. sub-paragraph |
702.229 |
|
|
2. sub-paragraph |
11.146 |
||
|
3. sub-paragraph |
78.025 |
||
|
4. sub-paragraph |
11.146 |
||
|
(c) paragraph |
11.146 |
||
|
Penalty amount in the eleventh paragraph |
69,411 |
||
|
Penalty amount in the twelfth paragraph |
(a) paragraph |
69,411 |
|
|
(b) paragraph |
1,388,526 |
||
|
(c) paragraph |
34,705 |
||
|
694,263 |
|||
|
(ç) paragraph |
34,701 |
||
|
(d) paragraph |
347,128 |
||
|
(e) paragraph |
347,128 |
||
|
(f) paragraph |
173,553 |
||
|
(g) paragraph |
34,701 |
||
|
Penalty amounts in the thirteenth paragraph |
34,701 |
||
|
347,128 |
|||
|
Penalty amounts in the fourteenth paragraph |
2,229,300 |
||
|
694,259 |
|||
|
34,701 |
|||
|
Penalty amounts in the fifteenth paragraph |
178,344 |
||
|
6,687,900 |
|||
|
Penalty amount in the sixteenth paragraph |
1,371 |
||
|
Lower and upper limits of the penalty amount in the eighteenth paragraph |
6,928 - 257,956 |
||
|
Lower and upper limits of the penalty amount in the nineteenth paragraph |
178,344 - 267,516,000 |
||
|
In the scope of Temporary Article 3 added to Law No. 6502 by Article 17 of Law No. 7392 published in the Official Gazette dated 01.04.2022 and numbered 31796, in cases where administrative fines should be applied according to the provisions of Law No. 6502 prior to the said amendment, the 77th article of Law No. 6502 before this amendment; |
TL |
||
|
Penalty amount in the third paragraph |
6,928 |
||
|
Penalty amounts in the fourth paragraph |
138,843 |
||
|
6,928 |
|||
|
Penalty amount in the fifth paragraph |
694,259 |
||
|
Penalty amount in the eighth paragraph |
3,471,329 |
||
|
Lower limit of the penalty amount in the nineteenth paragraph |
173,553 |
||
LIST INDICATING THE EFFECTIVE DATE OF LEGISLATION AMENDING OR ADDING PROVISIONS TO LAW NO. 6502 OR PROVISIONS ANNULLED BY THE CONSTITUTIONAL COURT
|
Number of the Amending Law/Decree-Law/ Communiqué or Annulment Decision of the Constitutional Court |
Amended or Annulled Articles of Law No. 6502 |
Effective Date |
|
TGM-2014/1 |
77, Additional Table |
1/1/2015 |
|
TGM-2014/2 |
68 |
1/1/2015 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2016 |
|
Communiqué on Administrative Fines to be Applied in 2016 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77, Additional Table |
1/1/2016 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2017 |
|
Communiqué on Administrative Fines to be Applied in 2017 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77, Additional Table |
1/1/2017 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2018 |
|
Communiqué on Administrative Fines to be Applied in 2018 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77, Additional Table |
1/1/2018 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2020 |
|
Communiqué on Administrative Fines to be Applied in 2018 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77 |
1/1/2020 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2022 |
|
Communiqué on Administrative Fines to be Applied in 2022 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77 |
1/1/2022 |
|
Communiqué on the Increase of Monetary Limits in Articles 68 of Law No. 6502 on the Protection of Consumers and 6 of the Consumer Arbitration Committees Regulation |
68 |
1/1/2023 |
|
Communiqué on Administrative Fines to be Applied in 2023 According to Article 77 of Law No. 6502 on the Protection of Consumers |
77 |
1/1/2023 |
|
Number of the Amending Law/Decree-Law/Communiqué or Annulment Decision of the Constitutional Court |
Amended or Annulled Articles of Law No. 6502 |
Effective Date |
|
6552 |
70 |
11/9/2014 |
|
Decree-Law/684 |
45 |
23/1/2017 |
|
7061 |
77/A |
5/12/2017 |
|
7063 |
68 |
20/12/2017 |
|
7074 |
45 |
8/3/2018 |
|
7222 |
4 |
25/2/2020 |
|
7249 |
66 |
15/7/2020 |
|
7251 |
73/A, Temporary Article 2 |
28/07/2020 |
|
7392 |
50, fourth paragraph of Article 77, second and third paragraphs of Temporary Article 3 |
1/4/2022 |
|
19, 24, 26, 29, 38, 44, 48, 57/A, 58, 63, 66, 68, 70, 77, 78, first and fourth paragraphs of Temporary Article 3 |
six months after publication (1/10/2022) |