Turkish Consumer Protection Law

PART ONE

Purpose, Scope and Definitions

Aim

ARTICLE 1 – (1) The purpose of this Law is to take measures to protect the health and safety and economic interests of consumers, to compensate for their losses, to ensure their protection from environmental hazards, to enlighten and raise awareness of consumers in accordance with the public interest, to encourage consumers to take self-protective initiatives and to regulate matters related to encouraging voluntary organizations in the formation of policies on these issues.

Scope

ARTICLE 2 – (1) This Law covers all kinds of consumer transactions and consumer-oriented practices.

Definitions

ARTICLE 3 – (1) In the implementation of this Law;

1. a) Minister: Minister of Customs and Trade,
2. b) Ministry: Ministry of Customs and Trade,
3. c) General Director: General Director of Consumer Protection and Market Surveillance,

ç) General Directorate: General Directorate of Consumer Protection and Market Surveillance,

1. d) Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
2. e) Importer: A natural or legal person, including public legal entities, who imports goods or services or raw materials or intermediate goods of these goods for commercial or professional purposes and puts them on the market through sales, rent, financial leasing or similar means.
3. f) Permanent data storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card or any other medium that allows the information sent by the consumer or sent to him/her to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and that allows access to this information verbatim.
4. g) Housing finance institution: Banks that provide loans or financial leasing directly to consumers within the scope of housing finance, and financial leasing companies and financing companies that are deemed appropriate to engage in housing finance activities by the Banking Regulation and Supervision Agency.
5. g) Creditor: A natural or legal person authorized to grant credit to consumers in accordance with the legislation,
6. h) Goods: Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic media, which are the subject of shopping.
7. i) Provider: A natural or legal person, including public legal entities, who provides services to consumers for commercial or professional purposes or acts on behalf or on behalf of the service provider,
8. i) Seller: A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,
9. j) Technical regulation: The definition in the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 dated 29/6/2001,
10. k) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
11. l) Consumer transaction: All kinds of contracts and legal transactions established between consumers and real or legal persons acting for commercial or professional purposes, including public legal entities in the goods or services markets, or acting on their behalf or account, including contracts for work, transportation, brokerage, insurance, power of attorney, banking and similar contracts.
12. m) Consumer organisations: Associations, foundations or their parent organisations established for the purpose of consumer protection,
13. n) Producer: Those who produce the goods or the raw materials or intermediate goods of these goods offered to the consumer, including public legal entities, and any real or legal person who presents himself as the producer by placing his brand, title or any distinguishing mark on the goods,expresses.

PART TWO

General Principles

Basic principles

ARTICLE 4 – (1) Contracts and information required to be drawn up in writing under this Law shall be drafted in a minimum font size of twelve, in an understandable language, in a clear, plain, and readable manner, and a copy shall be provided to the consumer on paper or in a permanent data storage device. If one or more of the required conditions in the contract are missing, the omission shall not affect the validity of the contract. This omission shall be promptly remedied by the contract author.

(2) The conditions stipulated in the contract cannot be changed to the detriment of the consumer during the contract period.

(3) No additional fee may be charged to the consumer for actions that the consumer rightfully expects to be performed within the scope of the goods or services offered, which are among the legal obligations of the contract issuer, or for expenses incurred by the contract issuer for their own benefit. For products or services offered to the consumer by banks, financial institutions that provide consumer loans, and card issuing institutions, all fees, commissions, and expenses, other than interest, to be charged to the consumer, as well as the procedures and principles related to these, shall be determined by the Central Bank of the Republic of Turkey, in accordance with the spirit of this Law, after consulting the Ministry, and in a manner that protects the consumer.

(4) Information regarding all fees and expenses to be requested from consumers pursuant to contracts regulated by this Law must be provided to the consumer in written form as an annex to the contract. In contracts established via distance communication, this information must be provided in a manner appropriate to the distance communication medium used. The burden of proof that this information has been provided to the consumer rests with the person who issued the contract.

(5) Promissory notes may be issued as negotiable instruments only in registered form and separately for each installment payment for transactions made by the consumer. Promissory notes issued in violation of the provisions of this paragraph are invalid for the consumer.

(6) In consumer transactions, personal guarantees received in exchange for the consumer’s actions, regardless of the name, are considered ordinary sureties. Personal guarantees provided by the other party for the consumer’s receivables are considered joint sureties unless otherwise provided in other laws.

(7) Compound interest is not applied to consumer transactions, including in the event of default.

(8) This Law also covers participation banks in all its regulations. The implementation is carried out by taking into account the profit share.

Unfair terms in consumer contracts

ARTICLE 5 – (1) Unfair terms are contract terms that are included in the contract without negotiation with the consumer and that cause an imbalance in the rights and obligations of the parties arising from the contract, to the detriment of the consumer, in a manner contrary to the principle of good faith.

(2) Unfair terms contained in contracts concluded with consumers are absolutely void. Any provisions of the contract other than those deemed unfair remain valid. In this case, the contract author cannot claim that they would not have concluded the contract with the other provisions if the terms deemed absolutely void had not existed.

(3) If a contract term was prepared in advance and, by virtue of its inclusion in a standard contract, could not affect the consumer’s content, that contract term is deemed not to have been negotiated with the consumer. If the contract author claims that a standard term was negotiated individually, the burden of proof is to prove this. If the contract is concluded to be a standard contract based on a comprehensive assessment, the fact that certain elements or an individual provision of a term were negotiated does not preclude the application of this clause to the remainder of the contract.

(4) If the terms of the contract are in writing, they must be in clear and understandable language that the consumer can understand. If a provision in the contract is unclear or has multiple meanings, this provision will be interpreted in favor of the consumer.

(5) The provisions of this article shall also apply to contracts prepared by persons or organizations that carry out their activities with the permission granted by law or authorized authorities, regardless of their nature.

(6) The unfairness of a contract term is determined at the time of the conclusion 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 conclusion of the contract and other provisions of the contract or the provisions of another contract to which the unfair term relates.

(7) In determining the unfairness of the contract terms, provided that these terms are written in clear and understandable language, no assessment can be made regarding the balance between the primary performance obligations arising from the contract and between the market value of the goods or services and the price determined in the contract.

(8) The Ministry takes the necessary measures to remove unfair terms from contract texts prepared for general use or to prevent their use.

(9) The procedures and principles regarding the detection and control of unfair terms and, but not limited to, the contract terms that are considered unfair terms are determined by the regulation.

Avoid selling

ARTICLE 6 – (1) The sale of goods displayed in a display case, on a shelf, in an electronic environment or in any clearly visible place cannot be avoided unless a statement is included indicating that the goods are not for sale.

(2) Providing services cannot be avoided without justified reason.

(3) Those acting for commercial or professional purposes cannot bind the sale of a good or service to conditions such as quantity, number, size, or the purchase of another good or service, unless there is a practice, commercial custom or justified reason to the contrary.

(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) If goods are sent or services are provided that were not ordered, no rights can be asserted against the consumer. In such cases, the consumer’s silence or use of the goods or services cannot be interpreted as acceptance of the contract. The consumer is under no obligation to return or store the goods.

(2) Anyone who claims that a good or service has been ordered has the burden of proving 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 contract because they do not conform to the sample or model agreed upon by the parties at the time of delivery to the consumer or do not have the characteristics that they should objectively have.

(2) Goods that do not have one or more of the features stated on their packaging, labels, promotional and user manuals, internet portals or advertisements and announcements; that are contrary to the characteristics declared by the seller or determined in the technical regulations; that do not meet the intended use of equivalent goods; and that contain material, legal or economic deficiencies that reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.

(3) Failure to deliver the goods subject to the contract within the time period agreed upon in the contract, or failure to properly install the goods when the goods are installed by the seller or under their responsibility, will be considered breach of contractual performance. If the goods are to be installed by the consumer, the installation is faulty due to an error or omission in the installation instructions, which constitutes breach of contractual performance.

Liability for defective goods

ARTICLE 9 – (1) The seller is obliged to deliver the goods to the consumer in accordance with the sales contract.

(2) The seller shall not be bound by the content of the statement if he proves that he was not aware of the statements made through advertising that did not originate from him and that he could not have been expected to be aware of them, or that the content of the statement was corrected at the time of conclusion of the sales contract, or that the decision to establish the sales contract is not causally linked to this statement.

Burden of proof

ARTICLE 10 – (1) Defects that occur within six months of the delivery date are deemed to have existed at the time of delivery. In this case, the burden of proof that the goods are not defective rests with the seller. This presumption does not apply if it is inconsistent with the nature of the goods or the defect.

(2) If the consumer is aware of the defect at the time the contract is concluded, or was expected to be aware of it, there will be no breach of contract. The consumer’s optional rights regarding defects other than these are reserved.

(3) A label containing descriptive information about the defect must be placed on the defective product or its packaging by the manufacturer, importer, or seller, and must be easily readable by the consumer. This label must be provided to the consumer, or the descriptive information about the defect must be clearly displayed on the invoice, receipt, or sales document provided to the consumer. Products that do not comply with the technical regulations may not be placed on the market under any circumstances. The Law on the Preparation and Implementation of Technical Legislation on Products and other relevant legislation shall apply to these products.

Consumer’s optional rights

ARTICLE 11 – (1) If the product is found to be defective, the consumer;

1. a) To withdraw from the contract by declaring that he/she is ready to return the sold item,
2. b) To keep the sold item and request a discount from the sales price in proportion to the defect,
3. c) Requesting free repair of the sold item, with all costs being borne by the seller, unless an excessive expense is required.
4. d) If possible, request that the sold product be replaced with a defect-free equivalent.

The seller may exercise one of his/her optional rights. The seller is obliged to fulfill the consumer’s request.

(2) Rights to free repair or replacement of the product with a defect-free equivalent may also be exercised against the manufacturer or importer. The seller, manufacturer, and importer are jointly and severally liable for the fulfillment of the rights stipulated in this paragraph. The manufacturer or importer shall not be held liable if they prove that the defect arose after the product was placed on the market.

(3) If free repair or replacement of the product with a defect-free equivalent would result in disproportionate hardship for the seller, the consumer may exercise one of the following rights: withdrawal from the contract or a discount on the price proportional to the defect. In determining the disproportion, factors such as the defect-free value of the product, the significance of the defect, and whether recourse to other optional rights would constitute a problem for the consumer are taken into account.

(4) If a consumer chooses the right to free repair or replace the product with a defect-free equivalent, the request must be fulfilled within a maximum of thirty business days from the date of submission to the seller, manufacturer, or importer, or within sixty business days for residential and vacation properties. However, for goods listed in the Annex to the regulation issued pursuant to Article 58 of this Law, the consumer’s request for free repair must be fulfilled within the maximum repair period specified in the regulation. Otherwise, the consumer is free to exercise other optional rights.

(5) In cases where the consumer chooses to withdraw from the contract or chooses to reduce the price in proportion to the defect, the entire price paid or the amount of the reduction made from the price is immediately refunded to the consumer.

(6) All costs incurred due to the exercise of these optional rights shall be borne by the party fulfilling the right chosen by the consumer. The consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations No. 6098, dated January 11, 2011, in conjunction with one of these optional rights.

Statute of Limitations

ARTICLE 12 – (1) Unless a longer period is specified by law or in the contract between the parties, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect becomes apparent later. For residential or vacation properties, this period is five years from the date of delivery of the property.

(2) Subject to the third paragraph of Article 10 of this Law, the seller’s liability for defective goods in second-hand sales cannot be less than one year, and in the case of residential or holiday-purpose real estate, it cannot be less than three years.

(3) If the defect is concealed through gross negligence or fraud, the statute of limitations provisions do not apply.

CHAPTER TWO

Defective Services

Defective service

ARTICLE 13 – (1) Defective service is a service that is contrary to the contract because it does not start within the period specified in the contract or does not have the characteristics that the parties agreed upon and objectively should have.

(2) Services that do not have the features declared by the service provider, on the internet portal or in advertisements and announcements, or that contain material, legal or economic deficiencies that reduce or eliminate their value for the purpose of use or the benefits that the consumer reasonably expects from them are 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 not aware of the statements made through advertising that did not originate from it and that it could not have been expected to be aware of them, or that the content of the statement was corrected on the date the service contract was established, or that the decision to establish the service contract does not contain a causal link with this statement.

Consumer’s optional rights

ARTICLE 15 – (1) In cases where a service is defective, the consumer is free to exercise one of the following rights against the provider: re-performing the service, repairing the resulting product free of charge, reducing the price proportionate to the defect, or withdrawing from the contract. The provider is obligated to fulfill the consumer’s request. All costs incurred due to the exercise of these optional rights are covered by the provider. The consumer may also claim compensation pursuant to the provisions of the Turkish Code of Obligations in addition to exercising one of these optional rights.

(2) If free repair or restoration of the service would result in disproportionate hardship for the provider, the consumer may not exercise these rights. In determining the disproportionality, factors such as the defect-free value of the service, the significance of the defect, and whether recourse to other optional rights would constitute a problem for the consumer are taken into account.

(3) In cases where the consumer chooses to withdraw from the contract or chooses to have the price reduced in proportion to the defect, the entire price paid or the amount reduced from the price is immediately refunded to the consumer.

(4) In cases where free repair or re-service is requested, the provider will fulfill the request within a reasonable timeframe, taking into account the nature of the service and the consumer’s intended use of the service, and in a manner that does not cause serious problems for the consumer. In any case, this period cannot exceed thirty business days from the date the request is submitted to the provider. Otherwise, the consumer is free to exercise other optional rights.

Statute of Limitations

ARTICLE 16 – (1) Unless a longer period is determined by law or in the contract between the parties, liability for defective service is subject to a two-year limitation period from the date of performance of the service, even if the defect occurs later.

(2) If the defect is concealed through gross negligence or fraud, the statute of limitations provisions do not apply.

PART FOUR

Consumer Agreements

CHAPTER ONE

Installment Sale

Installment sales contracts

ARTICLE 17 – (1) Installment sales contracts are contracts in which the seller or provider undertakes to deliver the goods or perform the service, and the consumer pays the price in parts.

(2) The provisions of this Section also apply to financial leasing contracts in which the consumer is obliged to acquire ownership of a good at the end of the lease period.

(3) An installment sales contract is not valid unless it is made in writing. A seller or supplier who has not concluded a valid contract cannot later claim 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 giving any reason and without paying any penalty.

(2) It is sufficient for the seller or provider to receive notification of the exercise of the right of withdrawal within this period. The seller or provider is responsible for proving that the consumer has been informed of the right of withdrawal.

(3) If the seller delivers the goods to the consumer within the withdrawal period, the consumer may only use the goods to the extent required by a regular inspection; otherwise, the consumer cannot exercise the right of withdrawal. The consumer cannot exercise the right of withdrawal in service contracts where the service begins with the consumer’s consent before the withdrawal period expires.

(4) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

Default

ARTICLE 19 – (1) In the event of a consumer defaulting on the installment payments in an installment sales contract, and the seller or supplier reserves the right to demand payment of the entire remaining debt, this right may only be exercised if the seller or supplier has fulfilled all obligations and the consumer is in default on the payment of at least two consecutive installments constituting at least one-tenth of the price specified in the contract, or one installment constituting at least one-fourth. In order for the seller or supplier to exercise this right, they must give the consumer a notice of maturity, giving them at least thirty days.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the due installments.

Early payment

ARTICLE 20 – (1) The consumer may pay the total amount owed in advance or make one or more undue installments. In either case, the seller or provider is obligated to provide any necessary interest and commission deductions based on the amount paid, in cases where they receive interest or commission.

Other matters

ARTICLE 21 – (1) The provisions of the Turkish Code of Obligations on prepaid installment sales shall apply to contracts in which the consumer undertakes to pay the sale price of a movable good in parts in advance and the seller undertakes to deliver the sold good to the consumer after the full payment of the price, and the payment period is longer than one year or is 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 other procedures and principles regarding other issues are determined by the regulation.

CHAPTER TWO

Consumer Loans

Consumer loan agreements

ARTICLE 22 – (1) Consumer credit agreement refers to the agreement in which the creditor grants or undertakes to grant credit to the consumer through deferral of payment, loan or similar forms of financing in return for interest or a similar benefit.

(2) Credit card agreements are considered consumer loans if they offer a deferral of payment for more than three months or a similar installment payment option in exchange for interest or a similar benefit. However, in such cases, the interest rate applied cannot exceed the rate specified in the credit card agreement.

(3) A consumer credit agreement is not valid unless it is concluded in writing or by distance. A creditor who has not concluded a valid agreement cannot later claim the invalidity of the agreement to the detriment of the consumer.

Pre-contractual information obligation

ARTICLE 23 – (1) The credit provider and the credit intermediary, if any, are required to provide the consumer with a pre-contractual information form containing the terms of the credit agreement they propose, within a reasonable period of time before the conclusion of the agreement.

Right of withdrawal

ARTICLE 24 – (1) The consumer has the right to withdraw from the consumer loan agreement within fourteen days without giving any reason and without paying any penalty.

(2) The creditor is obligated to prove that the consumer has been informed of the right of withdrawal. It is sufficient for the creditor to receive notification of the exercise of the right of withdrawal within the withdrawal period. (Additional sentence: 24/3/2022-7392/2 art.) In case of early payment of the entire loan debt within the right of withdrawal period, the provisions of this article shall be applied without the need for notification.

(3) If a consumer who exercises their right of withdrawal benefits from a loan, the consumer must repay the principal and any interest accrued from the date the loan is taken out to the date the principal is repaid, at the latest within thirty days of sending the notice of withdrawal to the lender. If payment is not made within this period, the consumer is deemed not to have withdrawn from the loan. Interest is calculated according to the contractual interest rate. No compensation other than the calculated contractual interest and any expenses paid to a public institution or organization or third parties may be claimed from the consumer.

Interest rate

ARTICLE 25 – (1) The interest rate in fixed-term consumer loan agreements is fixed. This rate, determined on the date the agreement is established, cannot be changed to the detriment of the consumer.

(2) If consumer loan agreements do not include the contractual interest rate, effective annual interest rate, or total cost of the loan, the loan amount shall be used interest-free until the end of the contract period. If the effective interest rate is understated, the contractual interest rate used in calculating the total cost of the loan shall be redetermined to match the understated effective interest rate. In such cases, the payment schedule shall be adjusted accordingly.

Amendments to the contract

ARTICLE 26 – (1) The terms of a fixed-term loan agreement cannot be changed to the detriment of the consumer.

(2) If the interest rate is increased in indefinite-term credit agreements, the consumer must be notified in writing, either on paper or via a permanent data storage device, thirty days before the change takes effect. This notification shall include details regarding the amount, number, and intervals of payments to be made after the new interest rate takes effect. If the interest rate is increased, the new interest rate cannot be applied retroactively. The consumer will not be affected by the interest rate increase if they pay the debt in full and discontinue their loan use within sixty days of the notification date.

Early payment

ARTICLE 27 – (1) The consumer may make one or more unpaid installments or repay the entire loan debt early. In such cases, the lender is obligated to provide a discount on all interest and other costs based on the amount paid early.

Default

ARTICLE 28 – (1) In the event of a consumer defaulting on installment payments in a fixed-term loan agreement, if the creditor reserves the right to demand payment of the entire debt, this right may only be exercised if the creditor has fulfilled all its obligations and the consumer has defaulted on at least two consecutive installments. To exercise this right, the creditor must give the consumer at least thirty days’ notice of the maturity date.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the due installments.

Providing insurance, financial products and services

ARTICLE 29- (Amended with the title: 24/3/2022-7392/4 art.)

(1) Credit-related insurance cannot be obtained without the consumer’s explicit request, either in writing or through a permanent data recorder. The creditor may offer the consumer a credit agreement that includes credit-related insurance, provided that the consumer also offers a contract that does not include credit-related insurance.

(2) The coverage provided by the consumer from the insurance company of their choice must be accepted by the lender. The credit-related insurance must be compatible with the remaining amount and term of the outstanding balance in the insurance policy to ensure repayment of the credit debt.

(3) The consumer credit agreement cannot be conditioned on the purchase of ancillary financial products and services other than those related to the credit.

Tied loans

ARTICLE 30 – (1) A tied credit contract is a contract in which a consumer credit is granted exclusively for the financing of a contract related to the supply of a specific good or service and in which these two contracts form an objective economic unity.

(2) Existence of economic union;

1. a) The seller or provider finances the loan for the consumer,
2. b) In case of financing by a third party, the lender benefits from the services of the seller or provider in connection with the signing or preparation of the loan agreement,
3. c) The provision of a specific good or service is accepted if at least one of the conditions is clearly stated in the credit agreement.

(3) If the consumer withdraws from the contract regarding the supply of goods or services and the relevant notification is also sent to the creditor within the withdrawal period, the connected credit contract is terminated without any obligation to pay compensation or penalty.

(4) In tied credits, if the goods or services are not delivered or performed at all or as required, the seller, supplier, and creditor are jointly and severally liable if the consumer exercises their right to withdraw from the sales contract or to deduct the price. If the consumer exercises their right to deduct the price, the tied credit is reduced accordingly, and the payment plan is adjusted accordingly. If the consumer exercises their right to withdraw from the contract, the seller, supplier, and creditor are jointly and severally liable for the refund of any payments made to date. However, the creditor’s liability is limited to one year from the date of delivery of the goods or performance of the services specified in the sales contract or tied credit agreement, if the goods are not delivered or the services are performed, and from the date of delivery of the goods or performance of the services, if the goods are delivered or the services are performed, and limited to the amount of the credit used.

(5) Loans granted by the creditor, without a contract between the creditor and the seller or provider regarding the supply of a specific good or service, by paying the price of the good or service determined by the consumer himself, are not considered tied loans.

Other matters

ARTICLE 31 – (1) If an account is opened for a fixed-term loan agreement and only credit-related transactions are carried out from this account, no fees or expenses can be charged to the consumer under any name related to this account. This account will be closed upon payment of the loan, unless the consumer requests otherwise in writing or through permanent data storage.

(2) An overdraft agreement cannot be concluded in connection with a fixed-term loan agreement without the explicit instruction of the consumer.

(3) Card issuing institutions must offer consumers a type of credit card for which they do not collect annual membership fees or similar fees.

(4) The procedures and principles regarding pre-contract information, mandatory content of the contract, out-of-scope contracts, rights and obligations of the consumer and the creditor, right of withdrawal, early payment, calculation of effective annual interest, mandatory content of advertisements regarding consumer loans, exercise of the right of termination, default, transfer of the loan, tied loan and other matters are determined by the regulation.

CHAPTER THREE

Housing Finance

Housing finance agreements

ARTICLE 32 – (1) Housing finance contract is a contract for providing loans to consumers for the purpose of acquiring a house, renting houses to consumers through financial leasing, providing loans to consumers under the guarantee of the houses they own and providing loans for the purpose of refinancing these loans.

(2) A housing finance contract is not valid unless it is executed in writing or by distance. A housing finance institution that has not executed a valid contract cannot later claim the invalidity of the contract to the detriment of the consumer.

Pre-contractual information obligation

ARTICLE 33 – (1) Housing finance institutions are required to provide the consumer with the pre-contract information form containing the conditions of the housing finance contract within a reasonable period of time before the contract is established.

Default

ARTICLE 34 – (1) If the consumer defaults on the installment payments, and the housing finance institution reserves the right to demand payment of the entire remaining debt, this right may only be exercised if the housing finance institution has fulfilled all its obligations and the consumer is in default on at least two consecutive installments. To exercise this right, the housing finance institution must give the consumer at least thirty days’ notice of the maturity date.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the due installments.

(3) In financial leasing transactions, if the consumer fails to fulfill their obligations within the period specified in the notice of acceleration, and if the housing finance institution terminates the housing finance agreement after this period expires to exercise its right to pay the entire remaining debt, it is obligated to immediately put the house up for sale. Before the sale, the housing finance institution will have the house appraised by persons or institutions authorized under the Capital Markets Law No. 6362, dated December 6, 2012. The appraised value will be notified to the consumer at least ten business days before the sale. The housing finance institution will act as a prudent merchant, taking into account the appraised value, and will sell the house. If the proceeds from the sale of the house exceed the remaining debt, the excess will be paid to the consumer immediately. Article 33 of the Financial Leasing, Factoring and Financing Companies Law No. 6361, dated November 21, 2012, does not apply to financial leasing transactions related to housing finance.

(4) If the residence is sold in accordance with the third paragraph of this article and the consumer is paid the portion of the proceeds exceeding the remaining debt, if any, and the consumer or third parties in possession are transferred, the owner of the residence is obligated to vacate the residence. If the residence is not vacated, the owner may pursue enforcement proceedings against the consumer or third parties in possession pursuant to Articles 26 and 27 of the Enforcement and Bankruptcy Law No. 2004, dated June 9, 1932.

Tied loans

ARTICLE 35 – (1) A tied loan agreement is a contract in which a housing finance loan is granted exclusively for the financing of a contract in the case of the purchase of a specific house and these two contracts form an objective economic unity.

(2) In tied loans, if the consumer exercises one of the optional rights specified in Article 11 of this Law because the home is not delivered at all or not properly, the seller and the housing finance institution are jointly and severally liable. However, if the home is not delivered, the housing finance institution’s liability is one year from the delivery date specified in the housing sales contract or tied loan agreement. If the home is delivered, the housing finance institution’s liability is one year from the delivery date of the home, limited to the loan amount used.

(3) Even if loans provided by housing finance institutions are transferred to mortgage finance institutions, housing finance funds, or mortgage-backed securities collateral pools, the liability of the housing finance institution that provided the loan remains. The institution that transferred the loan is not liable under this article.

(4) Loans granted by the housing finance institution that provides the loan, without a contract between the housing finance institution and the seller regarding the supply of a specific house, and where the price of the house determined by the consumer is paid by the housing finance institution that provides the loan, are not considered tied loans.

Interest rate

ARTICLE 36 – (1) The portion of the repayment amounts in loans and the rental amounts in financial leasing transactions exceeding the principal is considered as interest within the scope of this article.

(2) The interest rate for housing finance loans and financial leasing transactions may be fixed or variable, or both methods may be used for the same loan, provided that the interest rate is fixed, the rate determined at the time of the contract cannot be changed without the consent of the parties. If the rate is set as variable, the rate initially set in the contract may be changed based on the lowest of the generally accepted and widely used indices, both domestically and internationally, as specified in the contract, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount initially set in the contract. If rates are set as variable, consumers must be informed of the potential effects of this method. The reference interest rates and indices that can be used for these purposes are determined by the Central Bank of the Republic of Turkey.

Early payment

ARTICLE 37 – (1) The consumer may make one or more unpaid installments or pay the entire housing finance debt early. In such cases, the housing finance institution is obligated to provide a discount on all necessary interest and other costs based on the amount paid early.

(2) If the interest rate is fixed, the housing finance institution may request early payment compensation from the consumer if one or more payments are made before the due date, as stipulated in the contract. The early payment compensation cannot exceed one percent of the amount paid early to the housing finance institution by the consumer, calculated after the required interest deduction, for loans with a remaining maturity of less than thirty-six months, or two percent for loans with a remaining maturity of more than thirty-six months. If the interest rate is set to be variable, the consumer cannot request early payment compensation.

Providing insurance, financial products and services

ARTICLE 38 – (Amended with its title: 24/3/2022-7392/5 art.)

(1) Credit-related insurance cannot be obtained without the consumer’s explicit request, either in writing or through a permanent data recorder. A housing finance institution may offer a consumer a housing finance contract that includes credit-related insurance, provided that it also offers the consumer a contract that does not include credit-related insurance.

(2) The coverage provided by the consumer from the insurance company of their choice must be accepted by the housing finance institution. The credit-related insurance must be compatible with the remaining amount and term of the outstanding balance in the insurance policy to ensure repayment of the loan debt.

(3) The housing finance contract cannot be conditioned 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 for a housing finance agreement and only loan-related transactions are conducted from this account, no fees or expenses can be charged to the consumer under any name related to this account. This account will be closed upon payment of the loan, unless the consumer requests otherwise in writing or through permanent data storage. 

(2) An overdraft agreement cannot be made in connection with a housing finance agreement without the explicit instruction of the consumer.

(3) In the application of the provisions of this Section, individual partners of housing construction cooperatives are also considered as 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, tied credit, default, early payment and calculation of the annual cost rate and other issues are determined by the regulation.

CHAPTER FOUR

Prepaid Housing Sales

Prepaid housing sales contracts

ARTICLE 40 – (1) A prepaid housing sales contract is a contract in which the consumer undertakes to pay the sales price of a residential property in advance, either in cash 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) A preliminary information form containing the matters determined by the Ministry must be given to consumers at least one day before the contract is established.

(3) Prepaid housing sales contracts cannot be made with consumers without obtaining a building permit.

Form requirement

ARTICLE 41 – (1) The sale of a prepaid home must be registered with the land registry, and the preliminary sales contract must be drawn up at a notary. Otherwise, the seller cannot later claim the invalidity of the contract to the detriment of the consumer.

(2) The seller cannot ask the consumer to make payment under any name or provide any document that puts the consumer in debt unless a valid contract has been made.

Guarantee

ARTICLE 42 – (1) Before starting the prepaid housing sales for projects exceeding the size determined by the Ministry according to the number of houses in the project or the total cost of the project, the seller is required to obtain building completion insurance, the scope, conditions and application principles of which are determined by the Undersecretariat of Treasury, or to provide other guarantees and conditions determined by the Ministry.

(2) Compensation, guarantee and similar securities provided within the scope of building completion insurance cannot be included in the bankruptcy or liquidation estate, cannot be seized, and cannot be subject to precautionary measures or liens.

Right of withdrawal

ARTICLE 43 – (1) The consumer has the right to withdraw from a prepaid housing sales contract within fourteen days without providing any justification and without paying any penalty. It is sufficient for the seller to be notified of the exercise of the right of withdrawal within this period. The seller is responsible for proving that the consumer has been informed of the right of withdrawal.

(2) If the property is purchased partially or fully with a tied loan, the tied loan agreement shall enter into force at the end of the right of withdrawal period stipulated in this article, effective from the date the agreement is established. During the right of withdrawal period, the housing finance institution cannot claim any expenses from the consumer under the names of interest, commission, legal obligations, or similar.

(3) The consumer shall return the purchases within ten days from the date on which the seller returns the price received and any document that puts the consumer in debt.

Delivery of the house

ARTICLE 44 – (1) (Amended: 24/3/2022-7392/6 art.) The prepaid residence must be delivered to the consumer within the period stipulated in the contract. In any case, this period cannot exceed forty-eight months from the date of the contract. Transfer and delivery are also deemed to have occurred upon the registration of the floor easement in the land registry in the consumer’s name, in the event of a transfer of possession.

Withdrawal from the contract

ARTICLE 45 – (1) (Amended: 2/1/2017-KHK-684/8 art.; Accepted as is: 1/2/2018-7074/8 art.) In prepaid housing sales, the consumer has the right to withdraw from the contract without giving any reason for up to twenty-four months from the contract date. In the event of withdrawal from the contract, the seller may request compensation for expenses arising from taxes, duties, and similar legal obligations arising from the sale of the house or the preliminary sales contract, as well as compensation of up to two percent of the contract price for the first three months from the contract date, four percent for three to six months, six percent for six to twelve months, and eight percent for twelve to twenty-four months.

(2) If the seller fails to fulfill its obligations at all or properly, no compensation may be claimed from the consumer. If the consumer dies or is unable to make the prepayments due to permanent loss of earnings, or if the contract is withdrawn because the seller refuses to accept the offer to replace the contract with an installment sales contract under normal conditions, no compensation may be claimed from the consumer.

(3) In the event of withdrawal from the contract, the amount to be refunded to the consumer and any documents that encumber the consumer’s debt shall be returned to the consumer no later than one hundred and eighty days from the date the withdrawal notice reaches the seller. The consumer shall return the purchases within ten days from the date the seller returns the amount received and any documents that encumber the consumer’s debt.

Other matters

ARTICLE 46 – (1) Pre-contract information, mandatory content of the contract, rights and obligations of the consumer and the seller, right of withdrawal and withdrawal from the contract and other application procedures and principles are determined by the regulation.

CHAPTER FIVE

Other Consumer Agreements

Contracts established outside the workplace

ARTICLE 47 – (1) Between the seller or provider and the consumer;

1. a) Established outside the workplace, in the simultaneous physical presence of the parties, regardless of whether the offer is made by the consumer, seller or provider,
2. b) Established at the workplace of the seller or provider or via any remote communication means, immediately after the meeting with the consumer outside the workplace in the simultaneous physical presence of the parties,
3. c) Established during a trip organized by the seller or provider for the purpose of promoting or selling goods and services to the consumer,

Contracts are considered as contracts established outside the workplace.

(2) Contracts established outside the workplace are established by the seller or provider authorized by the Ministry.

(3) Before entering into a contract or any corresponding offer made outside the workplace, the consumer must be informed clearly and comprehensibly of the matters detailed in the regulation. The burden of proof that the consumer has been informed rests with the seller or provider.

(4) Contracts formed outside the workplace are not valid unless they are in writing. A seller or provider who has not formed a valid contract cannot later claim its invalidity to the detriment of the consumer. The seller or provider is obligated to ensure that the consumer writes the date of the contract in their own handwriting and signs the contract, to provide a copy of the contract to the consumer, and to provide the goods or services to the consumer. The burden of proof that the contract was delivered to the consumer and that the goods or services were provided rests with the seller or provider.

(5) The consumer has the right to withdraw from the contract within fourteen days without providing any justification and without paying any penalty. It is sufficient for the seller or provider to be notified of the exercise of the right of withdrawal within this period. During the withdrawal period, the seller or provider cannot require the consumer to pay under any name for the goods or services covered by the contract or to provide any document that would impose a debt on the consumer. The seller or provider is responsible for proving that the consumer has been informed of the right of withdrawal. The consumer is not responsible for any changes or deterioration that occur due to the normal use of the goods during the withdrawal period.

(6) If the seller or provider violates the obligations set forth in this article or fails to properly inform the consumer of 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 expires one year after the date on which the withdrawal period expires.

(7) The mandatory content of the contract, out-of-scope contracts, direct sales, the rights and obligations of the consumer and the seller and provider, the right of withdrawal, the obligation to inform, delivery, the qualifications to be sought from those who will sell, and other application procedures and principles are determined by the regulation. 

Distance contracts

ARTICLE 48 – (1) Distance contracts are contracts established through the use of distance communication tools, up to and including the moment the contract is established between the parties, within the framework of a system established for the distance marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer.

(2) Before accepting a distance contract or any corresponding offer, the consumer must be informed clearly and comprehensibly by the seller or provider of the matters detailed in the regulation and that they will be obligated to pay if their order is approved. The burden of proof that the consumer has been informed rests with the seller or provider.

(3) The seller or provider shall perform its obligation within the agreed period, commencing from the moment the consumer’s order is received. (Amended sentence: 24/3/2022-7392/7 art.) In the case of sales of goods, this period cannot exceed thirty days, except for contracts concerning goods prepared in accordance with the consumer’s wishes or personal needs. If the seller or provider fails to perform its obligation within this period, the consumer may terminate the contract.

(4) The consumer has the right to withdraw from the contract within fourteen days without providing any justification and without paying any penalty. It is sufficient for the seller or provider to be notified of the exercise of the right of withdrawal within this period. The seller or provider is responsible for proving that the consumer has been informed of the right of withdrawal. If the consumer is not duly informed of the right of withdrawal, they are not bound by the fourteen-day period to exercise their right of withdrawal. In any case, this period expires one year from the date the withdrawal period ends. The consumer is not responsible for any changes or deterioration that occur due to the normal use of the goods during the withdrawal period.

(5) (Amended: 24/3/2022-7392/7 art.) Intermediary service providers who mediate the establishment of distance contracts on behalf of the seller or provider through the system they have created are obliged to establish and maintain a system that allows consumers to submit and follow their requests and notifications regarding the matters determined by the regulation, and to keep it open without interruption, throughout the period of use of the rights and obligations arising from the distance contracts established through the system.

(6) (Added: 24/3/2022-7392/7 art.) Those who act as intermediary service providers, regarding the distance contracts they mediate;

1. a) Responsible, jointly and severally, with the seller or provider for the provision of preliminary information to the consumer, its confirmation and proof,
2. b) Deficiencies in the mandatory matters specified in the preliminary information, except for cases where data entry is made by the seller or provider,
3. c) Keeping records of transactions made by consumers with sellers or providers due to the matters set out in this article and providing this information to relevant public institutions and organizations and consumers upon request,

ç) Any transaction that causes sellers and providers to act contrary to the provisions of this article due to their practices that are contrary to the contract regarding the intermediary service they have made with the seller or provider,

15. d) In case of collection of the price on behalf of the seller or provider, the seller or provider is jointly and severally liable for the obligations related to the delivery or performance and the right of withdrawal, except for the cases where the price is transferred to the seller or provider after the delivery or performance of the goods or services to the consumer and the use of the rights set forth in Articles 11 and 15.
16. e) Failure to perform the contract at all or properly in the event of campaign, promotional or discounted sales without the approval of the seller or provider,
17. f) The issues included in the preliminary information are compatible with the information included in the advertisements and are proven,

is responsible.

(7) In distance contracts, out-of-scope contracts, the rights and obligations of the consumer, seller, and the intermediary service provider who mediates the establishment of the distance contract with the supplier, the right of withdrawal, the obligation to inform, delivery and other application procedures and principles are determined by the regulation .

Distance contracts for financial services

ARTICLE 49 – (1) Financial services refer to all types of banking services, loans, insurance, private pensions, investment, and payment-related services. Distance contracts for financial services are contracts established between the provider and the consumer through the use of distance communication tools within the framework of a system designed for the distance marketing of financial services.

(2) In distance contracts related to financial services, before the consumer expresses their will regarding the conclusion of the contract, they must be informed clearly, understandably, and in accordance with the means of communication used, including the right of withdrawal, the obligations that the consumer will assume if they give a declaration of acceptance, and other matters detailed by the Ministry. This information must be clearly provided for commercial purposes, and in cases where voice communication is used, the identity of the provider and the reason for the request for a meeting must be stated at the beginning of each call. The consumer’s declaration of acceptance regarding the conclusion of the contract is recorded or recorded physically or electronically, in accordance with the means of communication used. The provider is obligated to take the necessary measures for the communication of the right of withdrawal and for any physical or electronic recording or recording.

(3) The provider is obligated to communicate all terms of the contract and other matters determined by the Ministry to the consumer, either on paper or via a permanent data storage device. This obligation is fulfilled before the consumer expresses his or her will to establish the contract, or, if the contract is established using a remote communication tool that is not suitable for written notification at the consumer’s request, immediately after the contract is established.

(4) The consumer may request a paper copy of the contract without payment during the contractual relationship. Furthermore, the consumer has the right to change the distance communication tool used if it is compatible with the nature of the financial service.

(5) The consumer has the right to withdraw from distance contracts concerning financial services within fourteen days, without providing any justification and without paying any penalty. It is sufficient for the provider to be notified of the exercise of the right of withdrawal within this period. The provider is responsible for proving that the consumer has been informed of the right of withdrawal. For insurance contracts and private pension contracts, the provisions of other legislation that are favorable to the consumer regarding the withdrawal period apply.

(6) In distance contracts related to financial services, it is sufficient for the consumer to communicate their request to terminate the contract via any means of distance communication. The consumer cannot be forced to use a method that involves more onerous conditions to terminate the contract than the method that established the contract.

(7) In distance contracts related to financial services, the use of distance communication tools, out-of-scope contracts, payment by card, the rights and obligations of the consumer and the provider, the right of withdrawal and other application procedures and principles are determined by the regulation.

Timeshare and long-term holiday service contracts

ARTICLE 50 – (1) Timeshare contracts are contracts established for a period longer than one year and which provide the consumer with the opportunity to stay for one or more nights for more than one period during this period.

(2) (Amended: March 24, 2022 – Article 7392/8) The fact that the right granted through timeshare contracts is a personal or real right, or that the timeshare sale is conducted through financial leasing, does not preclude the application of this article. With the exception of contracts granting timeshare rights established under the provisions of Chapter 8 of Law No. 634 on Condominium Ownership, dated June 23, 1965, no timeshare contracts granting in-kind rights based on ownership shares may be established with consumers. Timeshare rights cannot be granted through cooperative or commercial company partnerships, or through membership in associations or foundations. Those who do not hold in-kind rights to the property subject to the timeshare cannot sell timeshares.

(3) Long-term holiday service contracts are contracts established for a period longer than one year and in which the consumer is given the right to benefit from discounts or other benefits in relation to accommodation or in cases where travel or other services are provided together with accommodation 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 establishment of the following contracts:

1. a) Timeshare contracts
2. b) Long-term holiday service contracts
3. c) Exchange agreements
4. d) Resale contracts in which the seller or provider assists the consumer in purchasing and selling a timeshare or long-term holiday service.

(5) Except for contracts established through distance selling, the seller or provider is obligated to ensure that the consumer writes the date of the contract in their own handwriting and signs the contract. A copy of these contracts, whether written or established through distance selling, must be provided to the consumer, either on paper or in a permanent data storage device. Legal provisions requiring more stringent formal requirements are reserved.

(6) The consumer has the right to withdraw from the contract within fourteen days without giving 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 provide any document that imposes a debt on the consumer. (Additional sentences: 24/3/2022-7392/8 article.) If any payment is made to the consumer despite this prohibition, the amount collected will be refunded to the consumer immediately. Furthermore, any document that imposes a debt on the consumer is invalid for the consumer. Timeshare vacation, long-term vacation service contracts, and all other related contracts for resale, exchange, and other purposes concluded with these contracts automatically terminate upon the exercise of the right of withdrawal.

(7) If the price to be paid by the consumer is covered partially or completely by a creditor based on an agreement between the seller or provider and the creditor, if the consumer withdraws from the contract and the relevant notification is also sent to the creditor within the withdrawal period, the connected credit agreement is terminated without any obligation to pay compensation or penalty.

(8) (Amended: 24/3/2022-7392/8 art.) Prepaid timeshare contracts cannot be established with consumers, including contracts granting timeshare rights.

(9) (Amended: 24/3/2022-7392/8 art.) Timeshare contracts, except for contracts granting timeshare rights, are established for a maximum of ten years.

(10) (Amended: 24/3/2022-7392/8 art.) If the consumer notifies the provider that he/she will not use the holiday right arising from the timeshare contract providing personal rights for a certain period at least ninety days before the holiday starts, no fee can be claimed from the consumer under any name for that period.

(11) Timeshare, long-term holiday service, resale, exchange contracts and the content of the preliminary information, the rights and obligations of the consumer and the seller and the provider, the right of withdrawal (…) and other application procedures and principles are determined by the regulation.

Package tour contracts

ARTICLE 51 – (1) Package tour contracts are contracts in which at least two of the following services are sold or promised to be sold together by package tour organizers or intermediaries at an all-inclusive price and the service covers a period longer than twenty-four hours or includes overnight accommodation:

1. a) Transportation
2. b) Accommodation
3. c) Other tourism services not related to transportation and accommodation services.

(2) The provisions of this article also apply in cases where the details of the tour are determined by the package tour organizer, intermediary or consumer, or where services within the same package tour are invoiced separately.

(3) In cases where the package tour organizer does not have a representative in Türkiye, the package tour intermediary shall be liable as the package tour organizer.

(4) It is mandatory to provide the consumer with a preliminary information brochure before the package tour contract is established.

(5) Package tour organisers or intermediaries are required to provide the consumer with a copy of the package tour contracts concluded in writing or by distance, on paper or via a permanent data storage device.

(6) If, for reasons not attributable to the consumer, one of the essential elements of the package tour contract changes, or the tour is canceled before it begins, the consumer has the right to accept the change or an alternative tour offered by the package tour organizer, or to withdraw from the contract. In the event of withdrawal from the contract, the package tour organizer or its intermediary is obligated to immediately refund the entire amount paid by the consumer, without any deductions, from the date the withdrawal notification is received.

(7) The consumer has the right to request a reduction in the price for any deficiencies that arise during the performance of the contract. If it is determined that the package tour organizer has failed or will not fulfill a significant obligation after the tour has begun, the consumer may withdraw from the contract. In such cases, the package tour organizer or its intermediary’s right to demand a fee is terminated. Any payments made must be refunded to the consumer immediately upon withdrawal from the contract. However, the package tour organizer may request an appropriate compensation from the consumer for the services they have performed up to that point, in proportion to the consumer’s use of the service.

(8) Subject to the provisions of Law No. 1618 on Travel Agencies and Travel Agents Associations, dated September 14, 1972, concerning compulsory insurance, the package tour organizer is liable for any damages suffered by the consumer due to non-performance or improper performance of the contract. The consumer may also claim appropriate compensation for 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 rights of the consumer in these cases, the consequences of cancelling the package tour, the responsibilities of the package tour organizer and intermediary, the cases in which the consumer can claim compensation, withdrawal from the contract and its consequences and other application procedures and principles are determined by the regulation.

Subscription agreements

ARTICLE 52 – (1) Subscription agreements are agreements that enable the consumer to acquire a certain good or service continuously or at regular intervals.

(2) It is mandatory to give a copy of these contracts, whether in writing or at a distance, to the consumer on paper or in a permanent data storage medium.

(3) No provisions can be included in fixed-term subscription contracts that stipulate that the contract will be extended for a specified period; however, after the subscription contract is established, the subscription contract can be extended if the consumer requests or approves until the contract expires.

(4) The consumer has the right to terminate a fixed-term subscription contract of indefinite duration or a fixed-term subscription contract of more than one year at any time, without giving any reason or paying any penalty. In a fixed-term subscription contract of less than one year, the consumer may also terminate the contract if the seller or provider changes the terms of the contract. A notice of termination sent to the seller or provider, either on paper or in a permanent data storage device, is sufficient. The seller or provider cannot specify a method for terminating the subscription contract that involves more stringent conditions than the method that established the contract.

(5) The seller or provider is obligated to honor the consumer’s request to terminate the subscription within the timeframes specified by the regulation. If the subscription is not terminated within the specified timeframes, no payment can be claimed from the consumer, even if the goods or services have been used since the expiration of these periods. The seller or provider is obligated to refund the remaining portion of the fee paid by the consumer, without deduction, within fifteen days of the termination notice becoming effective.

(6) The seller or provider is obliged to take the necessary measures to carry out the procedures regarding notifications and requests regarding the termination of the subscription agreement 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 are determined by the regulation.

Promotional practices organized by periodical publishing organizations

ARTICLE 53 – (1) In promotional practices organised by periodical publishing organisations, where a second good or service is promised or given, other than a periodical, through tickets, coupons, membership numbers, games, draws or similar means, for whatever purpose or in whatever form, no other good or service can be given, other than cultural goods or services that are in line with the purposes of periodical publishing as determined by the regulation.

(2) The duration of promotional practices that require the purchase of more than one issue of a periodical and extend over a certain period of time cannot exceed seventy-five days for daily periodicals, eighteen weeks for weekly periodicals, and twelve months for longer periodicals.

(3) The periodical publishing organization is obliged to announce the delivery and performance dates of the goods or services in question throughout Turkey in the advertisements related to the promotional application and to deliver and perform these goods or services within forty-five days from the end of the promotional application.

(4) During the promotional period, the selling price of the periodical cannot be increased due to the increased cost of the goods or services promised as a second product. The consumer cannot be required to cover all or part of the cost of the goods or services subject to the promotional program.

(5) The commitment and distribution of goods or services subject to promotional practices cannot be divided, and integral or complementary parts of such goods or services cannot be made subject to a separate promotion. In the application of this Law, transactions related to each good or service promised as a second product are considered independent promotional practices.

(6) Promotional practices that are not organized by periodical publication organizations but are directly or indirectly associated with the periodical publication are also subject to the provisions of this article.

(7) The procedures and principles regarding promotion practices are determined by regulations.

FIFTH

Informing the Consumer and Protecting Their Interests

Price tag

ARTICLE 54 – (1) Goods offered for retail sale, or their packaging or containers, must be labeled in a clearly visible and legible manner, indicating the sales price and unit price, including all taxes to be paid by the consumer, as well as the place of production and distinguishing features. In cases where labeling is not possible, lists containing the same information must be displayed in suitable locations where they can be seen. Lists showing the tariffs and prices of services must also be prepared and displayed in accordance with the provisions of this article.

(2) In case of a difference between the price stated on labels, tariffs and price lists and the case price, the price that is more favorable to the consumer will be applied.

(3) The discounted sales price of goods or services subject to discounted sales, as well as the price before the discount, is shown on the tariffs, price lists, and labels. The burden of proof that the discounted goods or services are offered for sale at a price lower than the pre-discount price rests with the seller or provider.

(4) The Ministry, municipalities and relevant chambers are responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.

(5) Labels, tariffs and price lists, periods for discounted sales and other application procedures and principles are determined by regulation.

Introduction and user manual

ARTICLE 55 – (1) Goods offered for consumer use must be offered for sale with a Turkish introduction and user manual regarding their promotion, use, installation, maintenance and simple repair, and with a label containing international symbols and signs when necessary.

(2) If the goods contain information on the safe use of the goods, the written and vocal statements must be in Turkish.

(3) If the goods may be harmful or hazardous to the health of the person or the environment in accordance with the relevant technical regulations, explanatory information and warnings regarding this situation are placed or written on the goods or in the introduction and user manual in a clearly visible and legible manner in order to ensure the safe use of these goods.

(4) The responsibility for preparing Turkish introduction and user manuals belongs to the manufacturer and importer; the responsibility for providing them to the consumer and proving that they have been delivered belongs to the seller.

(5) The goods that must be sold with a promotional and user manual and label, the minimum elements that must be included in these, and other application procedures and principles are determined by the regulation.

Warranty Certificate

ARTICLE 56 – (1) Manufacturers and importers are required to issue a warranty certificate, the contents of which are determined by regulation, for goods produced or imported for consumers. The seller is responsible for ensuring that this certificate is completed and provided to the consumer.

(2) The warranty period is at least two years, starting from the date of delivery of the goods. However, due to their nature, the warranty terms for some goods may be determined by the Ministry in a different unit of measurement.

(3) If the consumer has exercised their right to repair, one of the optional rights specified in Article 11 of this Law, they may exercise other optional rights specified in Article 11 if the product malfunctions again during the warranty period, if the maximum time required for repair has been exceeded, or if repair is deemed impossible. The seller cannot reject the consumer’s request. If this request is not fulfilled, the seller, manufacturer, and importer are jointly and severally liable.

(4) The goods that must be sold with a warranty certificate and other application procedures and principles are determined by the regulation.

Optional warranty

ARTICLE 57 – (1) Optional warranty refers to the additional commitment given by the seller, provider, manufacturer or importer regarding replacement, repair, maintenance, refund and similar issues regarding the goods or services, without prejudice to the legal rights of the consumer.

(2) During the optional warranty commitment, no expenses can be claimed from the consumer for the exercise of the promised rights.

(3) The undertaking is bound not only by its undertaking but also by the statements in its relevant advertisements and announcements. This undertaking must include the consumer’s legal rights, the terms and conditions for benefiting from the warranty, its duration, the name of the underwriter, and contact information.

(4) The optional warranty commitment must be given to the consumer in writing or via permanent data storage.

(5) The optional warranty commitment binds the person making the commitment even if it does not have the characteristics stipulated in this article.

Refurbished products

ARTICLE 57/A – (Added:24/3/2022-7392/9 art.)

(1) Refurbished products are used goods that are offered for resale after improvements have been made in their hardware, software or physical features.

(2) Refurbished products are required to be given a minimum one-year warranty from the date of delivery to the consumer. However, due to their specific characteristics, the Ministry may determine the warranty terms for some products in a different unit of measurement.

(3) Goods specified in the Regulation can only be sold as refurbished products on the condition that they are refurbished in centres authorised by the Ministry.

(4) Renewal centers are required to obtain an authorization certificate from the Ministry.

(5) In cases where verification is required as to whether goods with electronic identification information are used and registered, these verifications are made by the Ministry, the renewal centre and the authorised purchaser from the Information Technologies and Communication Authority records in accordance with the procedures and principles determined by the Ministry.

(6) Which goods will be renewed by the renewal centres, the establishment and responsibility of the renewal centres and other application procedures and principles are determined by the regulation.

After-sales services

ARTICLE 58 – (1) Manufacturers or importers are obliged to provide after-sales maintenance and repair services for the goods they produce or import, for the lifespan determined by the Ministry.

(2) Manufacturers or importers are required to obtain an after-sales service qualification certificate approved by the Ministry for the goods specified in the regulation and to record the updated information regarding all authorized service stations in the system established by the Ministry.

(3) The repair period of a product at authorized service stations cannot exceed the maximum period determined by the regulation.

(4) Manufacturers or importers may establish authorized service stations themselves or may benefit from established service stations or service organizations, 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 responsible to the consumer for the services they provide. (Additional sentence: 24/3/2022-7392/10 art.) These service stations are required to use the phrase “private service” in a clearly visible and legible manner in all media and activities.

(6) In the event of any commercial cessation of the importer’s business, the seller, manufacturer, and new importer are jointly and severally responsible for providing maintenance and repair services during the warranty period. After the warranty period expires, the manufacturer or new importer must provide maintenance and repair services for the duration of the product’s lifespan.

(7) (Amended: 24/3/2022-7392/10 art.) If the after-sales service for the product is not provided by the manufacturer or importer during the lifespan determined by the Ministry after the warranty period has expired, the consumer may claim compensation for the damage.

(8) (Added: 24/3/2022-7392/10 art.) The goods for which after-sales service is required, the minimum number of authorized service stations to be established, the maximum repair periods, the responsibilities of service stations and other application procedures and principles are determined by the regulation.

Raising consumer awareness

ARTICLE 59 – (1) The Ministry of National Education shall make necessary additions to the curriculum of formal and non-formal education institutions regarding raising consumer awareness, after taking the opinion of the Ministry.

(2) Radio and television organizations broadcasting nationwide are required to broadcast between 8:00 a.m. and 10:00 p.m. for a period of not less than fifteen minutes per month to raise consumer awareness. The date, time, duration, and content of the broadcasts are reported regularly to the Radio and Television Supreme Council each month. Broadcasts outside these hours are not included in the monthly fifteen-minute timeframe. These periods are monitored by the Radio and Television Supreme Council, and the results are reported to the Ministry.

Consumer awards

ARTICLE 60 – (1) Consumer awards are given for the purpose of protecting and raising awareness of consumers and encouraging them to exercise their legal rights.

(2) It is essential that consumer awards and similar awards are given without any benefit and that these awards are based on objective criteria announced in advance.

(3) The procedures and principles regarding the awarding of consumer awards are determined by regulation.

PART SIX

Commercial Advertising and Unfair Commercial Practices

Commercial advertising

ARTICLE 61 – (1) Commercial advertising is the announcements in the nature of marketing communication made by advertisers in any media through written, visual, audio and similar means in order to ensure the sale or rental of a good or service, to inform or persuade the target audience in connection with trade, business, craft or a profession.

(2) It is essential that commercial advertisements comply with the principles determined by the Advertising Board, general morality, public order, personal rights, and are accurate and honest.

(3) Commercial advertisements cannot be made that deceive the consumer or exploit his lack of experience and knowledge, endanger the safety of life and property, encourage acts of violence and crime, harm public health, or exploit the sick, the elderly, children and the disabled.

(4) The inclusion of names, brands, logos, or other distinctive forms or expressions, as well as trade names or business names, in articles, news, broadcasts, and programs for the purpose of advertising, without explicitly stating that the content is advertising, and the presentation of such names in a promotional manner, is considered covert advertising. Covert advertising, whether vocal, written, or visual, is prohibited in any form of communication.

(5) Comparative advertising of competing goods or services that meet the same needs or serve 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 organizations are obliged to comply with the provisions of this article.

(8) The limitations to be imposed on commercial advertisements and the procedures and principles to be followed in these advertisements are determined by regulation.

Unfair trade practices

ARTICLE 62 – (1) A commercial practice is considered unfair if it fails to comply with the requirements of professional care and significantly distorts, or is likely to significantly distort, the economic behavior of the average consumer it reaches or the average member of the group it targets. In particular, practices that are deceptive or offensive, and those listed in the annex to the regulation, are considered unfair commercial practices. Unfair commercial practices targeting consumers are prohibited.

(2) If it is claimed that a commercial practice is unfair, the person engaging in the commercial practice is obliged to prove that this practice is not unfair.

(3) In cases where unfair commercial practices are carried out through advertising, the provisions of Article 61 of this Law shall apply.

(4) The procedures and principles regarding the detection and control of unfair commercial practices and the practices that will be considered as unfair commercial practices in any case are determined by the regulation.

Advertisement Board

ARTICLE 63 – (1) An Advertising Board shall be established to determine the principles to be followed in commercial advertising and to establish regulations to protect consumers against unfair commercial practices. It shall conduct investigations and, if necessary, audits within the framework of these matters. Based on the results of these investigations and audits, it shall issue suspensions or corrections using the same method, administrative fines, or, if deemed necessary, preventive suspensions of up to three months, or the removal of content and/or the blocking of access. The Board may delegate its authority to issue preventive suspensions to the Chairman of the Advertising Board. The Board’s decisions shall be implemented by the Ministry. 

(2) The Advertising Board, chaired by the relevant General Director to be appointed by the Minister;

1. a) A member to be appointed by the Ministry from among the relevant Deputy Director Generals,
2. b) A member to be appointed by the Ministry of Justice from among judges or prosecutors working in administrative positions in this Ministry,
3. c) A member to be appointed by the Ministry of Food, Agriculture and Livestock,
4. c) A member to be appointed by the Ministry of Health,
5. d) A member to be appointed by the Ministry of Culture and Tourism,
6. e) One member to be appointed by the Radio and Television Supreme Council,
7. f) One member from the Turkish Standards Institution,
8. g) One member to be elected from among the metropolitan municipalities of Ankara, Istanbul and Izmir,
9. g) One member to be appointed by the Council of Higher Education from among faculty members who are experts in the field of advertising, communication or commercial law,
10. h) One member to be appointed by the Union of Chambers and Commodity Exchanges of Türkiye from among the members of the Turkish Media and Communications Assembly,
11. i) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,
12. i) One member to be elected by the Consumer Council from among the representatives of consumer organisations participating in the Council,
13. j) A member elected by the advertisers’ associations or their parent organizations, if any,
14. k) A member elected by the advertisers’ associations or their parent organizations, if any,
15. l) A pharmacist member to be appointed by the Turkish Pharmacists Association,
16. m) A dentist member to be appointed by the Turkish Dental Association,
17. n) A physician member to be appointed by the Central Council of the Turkish Medical Association,
18. o) A lawyer member to be appointed by the Union of Turkish Bar Associations,

It consists of nineteen members, including the chairman.

(3) The term of office of Board members is three years. Those whose terms have expired may be reappointed or re-elected. If a vacancy occurs for any reason, the vacant membership shall be reappointed or re-elected within one month, in accordance with the principles of the second paragraph. The term of the member whose term has expired shall continue until a new member assumes office.

(4) The Board meets at least once a month or whenever needed upon the call of the President.

(5) The Board convenes with the presence of at least eleven members, including the President, and makes decisions by a simple majority of those present. (Additional sentence: 24/3/2022-7392/11 article.) In cases where the President is unable to attend the meeting, the relevant deputy general director of the Ministry shall chair the Board. In the event of a tie, the side voted by the President shall constitute the majority. 

(6) The Ministry establishes specialized committees in sectoral areas to assist the Board in making decisions. These committees consist of a minimum of three and a maximum of five members, including the chair.

(7) The attendance fee and attendance fee to be paid to the Chairman and members of the Board and the chairman and members of the specialization commission, and the procedures and principles related to this, are determined by the Ministry, after obtaining the approval of the Ministry of Finance.

(8) The Board conducts its review based on the file containing the relevant documents. Secretarial services for the Board are provided by the General Directorate.

(9) If deemed necessary, the Board may seek the opinions of specialized universities, private law legal entities and real persons on matters requiring special expertise.

(10) Board decisions are announced by the Ministry in order to inform and enlighten consumers and to protect their economic interests.

(11) The establishment of the Advertising Board and specialized commissions, their duties, working procedures and principles, secretarial services and other matters are determined by regulation.

PART SEVEN

Consumer Organizations

CHAPTER ONE

Consumer Council and Advertising Council

Consumer Council

ARTICLE 64 – (1) The Consumer Council meets at least once a year under the coordination of the Ministry in order to investigate the necessary measures to determine consumer problems and needs and to protect their interests and to convey the opinions on the measures for the implementation of this Law to the relevant authorities for priority consideration.

(2) The number of representatives from public institutions and organizations in the Consumer Council cannot, under any circumstances, exceed fifty percent of the total number of members of the Council.

(3) The members of the Consumer Council, its working procedures and principles and other matters are determined by regulations.

Advertising Council

ARTICLE 65 – (1) The Advertising Council meets at least once a year under the coordination of the Ministry in order to follow contemporary communication practices regarding the creation and implementation of advertising policies, to conduct research and studies for the development of the advertising sector and advertising control function, to offer opinions and suggestions in this field and to convey these opinions and suggestions to the relevant authorities.

(2) The number of representatives from public institutions and organizations in the Advertising Council cannot, under any circumstances, exceed fifty percent of the total number of members of the Council.

(3) The members of the Advertising Council, its working procedures and principles and other matters are determined by regulations.

CHAPTER TWO

Consumer Arbitration Committee

Establishment and scope of duty

ARTICLE 66 – (1) (Amended: 24/3/2022-7392/12 art.) The Ministry is responsible for establishing consumer arbitration committees to resolve disputes that may arise from consumer transactions and consumer-oriented practices. The jurisdiction and division of labor of consumer arbitration committees are determined by the Ministry.

(2) Consumer arbitration committee, chaired by the provincial director of commerce in the provinces, or by the district governor or an officer appointed by them in the districts;

1. a) A member to be appointed by the mayor from among the municipal personnel who are experts on the subject,
2. b) A member to be appointed by the Bar from among its members,
3. c) In disputes where the seller is a merchant, a member to be appointed by the chamber of commerce and industry or, in places where these are organised separately, by the chamber of commerce; in disputes where the seller is a tradesman or craftsman, a member to be appointed by the union of chambers of tradesmen and craftsmen in provinces or by the chamber of tradesmen and craftsmen with the highest number of members in districts.
4. c) One member to be elected from among the consumer organizations,

It consists of five members, including the president. Alternates for the president and members who possess the qualifications specified in this paragraph are also determined. (Additional sentences: 11/7/2020-7249/26 art.) In provinces where more than one bar association is established, the appointment of members to provincial and district consumer arbitration committees is made on the basis of equal and rotating representation of bar associations. The procedures and principles regarding the appointment are set out in the regulations prepared by the Union of Turkish Bar Associations.

(3) In places where the formation of the consumer arbitration committee cannot be ensured, the missing members are filled by the provincial director of commerce in the provinces and by the district governor in the districts from among civil servants who have the membership qualifications determined by the regulation.

Reporter

ARTICLE 67 – (1) Rapporteurs may be employed by consumer arbitration committees established in provincial and district centers. In provinces where the number of rapporteurs is insufficient, the provincial director of commerce shall appoint a sufficient number of rapporteurs from among the personnel of the provincial directorate of commerce. In districts, the district governor shall appoint a sufficient number of rapporteurs from among civil servants on duty in the district.

(2) Consumer arbitration committee rapporteurs are responsible for preparing the files that will form the basis of the committee’s work and decisions and presenting the report on the dispute.

Application

ARTICLE 68 – (1) (Amended sentence: 24/3/2022-7392/13 art.) Without prejudice to the rights of the parties under the Execution and Bankruptcy Law, application to consumer arbitration committees is mandatory for disputes with a value below thirty thousand Turkish Lira. Applications to consumer arbitration committees cannot be made for disputes exceeding this value.

(2) Consumer arbitration committees are obliged to accept the applications made to them and take necessary action.

(3) Applications may be made to the consumer arbitration committee in the place where the consumer is located or where the consumer transaction was made. (Amended sentence: 24/3/2022-7392/13 art.) In places where there is no consumer arbitration committee, applications may be made to the district governor’s office in that district. (Additional sentence: 24/3/2022-7392/13 art.) These applications are forwarded by the district governor’s offices to the authorized consumer arbitration committee determined by the Ministry for necessary action.

(4) The monetary limits specified in this article shall be applied, effective from the beginning of each calendar year, by increasing them by the revaluation rate determined and announced in accordance with the provisions of Article 298 of Tax Procedure Law No. 213, dated January 4, 1961. Fractions of one thousand Turkish Lira shall not be taken into account in the calculation of these increases.

(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 regarding the subject of the dispute from the parties and relevant institutions or organizations.

Decision and objection to the decision

ARTICLE 70 – (1) (Amended sentence: 24/3/2022-7392/14 art.) The decisions of the consumer arbitration committee are binding on the parties. (Additional sentence: 10/9/2014-6552/140 art.) Consumer arbitration committees cannot decide on the payment of attorney fees.

(2) (Amended sentence: 24/3/2022-7392/14 art.) Documents to be served by the consumer arbitration committee shall be served electronically on the parties or their representatives in accordance with the provisions of Article 107/A of Law No. 213. In cases where electronic notification cannot be made in this context, 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) Parties may object to the consumer arbitration committee’s decision within two weeks of the date of notification to the consumer arbitration committee’s location or the consumer court where the consumer resides. An objection does not stay the enforcement of the consumer arbitration committee’s decision. However, upon request, the judge may suspend the enforcement of the consumer arbitration committee’s decision through injunctions.

(4) If the objected decision is legal in its substance but must be accepted because there was an error in the application of the law to the case, or if the illegality does not necessitate a retrial, the consumer court may uphold the decision on the document by amending or correcting it. This provision also applies to errors regarding the parties’ identities, trade names, or errors in writing, calculations, or other clear statements. If the decision complies with the procedure and law but the justification provided is found to be incorrect, it shall be upheld by amending or correcting the justification.

(5) The decision of the consumer court upon objection to the decisions of the consumer arbitration committee is final.

(6) In cases of appeal filed against decisions made by consumer arbitration committees in favor of the consumer, if the decision is annulled, a lawyer’s fee will be awarded against the consumer based on a proportional tariff in accordance with the minimum attorney’s fee tariff. (Additional sentence: 24/3/2022-7392/14 art.) However, if the decision is annulled due to the submission to the consumer court of information or a document that was not submitted to the consumer arbitration committee, litigation expenses and lawyer’s fees cannot be awarded against the consumer.

(7) In cases where the consumer arbitration committee issues a decision against the consumer regarding a dispute, the Ministry covers the notification and expert fees. If the dispute is resolved in the consumer’s favor, the notification and expert fees are collected from the other party in accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables, dated July 21, 1953, and recorded as revenue in the budget.

Honorarium and allowance

ARTICLE 71 – (1) The attendance fee and attendance fee to be paid to the president and members of the consumer arbitration committee, other public personnel assigned as rapporteurs, and the expert fees and the procedures and principles regarding these payments are determined by the Ministry, after obtaining the approval of the Ministry of Finance.

Other matters

ARTICLE 72 – (1) The establishment of consumer arbitration committees, their working procedures and principles, the qualifications of rapporteurs, the procedures and principles regarding the institution of expertise and other matters are determined by regulation.

PART EIGHT

Provisions Regarding Trial, Supervision and Punishment

Consumer courts

ARTICLE 73 – (1) Consumer courts have jurisdiction over cases regarding disputes that may arise from consumer transactions and consumer-oriented practices.

(2) Lawsuits filed by the Ministry, consumers and consumer organisations before consumer courts are exempt from the fees regulated in the Fees Law No. 492 dated 2/7/1964.

(3) In lawsuits filed by consumer organizations, the Ministry will cover the expert witness fee and, if the case is decided against the plaintiff, the attorney’s fee. If the case is decided against the defendant, the expert witness fee will 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 are carried out in accordance with the provisions of the Sixth Part of the Code of Civil Procedure No. 6100 dated 12/1/2011.

(5) Consumer lawsuits can also be filed in the consumer court where the consumer is located.

(6) Consumer organisations, relevant public institutions and organisations and the Ministry may file a lawsuit in consumer courts in order to obtain an interim injunction to prevent or stop a situation that is of general concern to consumers and that is in danger of arising in violation of this Law, except for the provisions regarding unfair commercial practices and commercial advertisements, or to detect, prevent or stop an unlawful situation.

(7) In cases generally concerning consumers, the plaintiff may request the publication of the judgment. If the court accepts the request, the judgment shall be immediately published in at least three nationally published newspapers, with the defendant’s expenses covered.

(8) Final decisions made by consumer courts are transmitted to the Ministry via the National Judicial Network Information System. Decisions rendered following objections to decisions of consumer arbitration committees are sent to the relevant consumer arbitration committee by the court that issued the decision.

Mediation as a condition of litigation

ARTICLE 73/A- (Added:22/7/2020-7251/59 art.)

(1) In disputes heard in consumer courts, it is a prerequisite to seek mediation before filing a lawsuit. However, the provisions regarding mediation do not apply as a prerequisite for filing a lawsuit in the following cases:

1. a) Disputes within the scope of the duties of the consumer arbitration committee
2. b) Objections to consumer arbitration committee decisions
3. c) Cases specified in the sixth paragraph of Article 73
4. d) Cases specified in Article 74
5. d) Disputes that are consumer transactions and arise from the real estate.

(2) The eleventh paragraph of Article 18/A of the Law on Mediation in Legal Disputes No. 6325 dated 7/6/2012 shall not be applied against the consumer.

(3) If the parties cannot be reached at the end of the mediation process, if the meeting cannot be held because the parties do not attend, or if the parties reach an agreement or fail to reach an agreement, the mediation fee to be paid by the consumer will be covered by the Ministry of Justice budget. However, in the specified cases, the mediation fee cannot exceed the two-hour fee in accordance with Part One of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff.

(4) If the lawsuit filed at the end of the mediation activity is concluded in favor of the consumer, the mediation fee is collected from the defendant in accordance with the provisions of Law No. 6183 and recorded as revenue in the budget.

Stopping production or sales and recalling goods

ARTICLE 74 – (1) The Ministry, consumers or consumer organisations may file a lawsuit to determine that a series of goods offered for sale is defective, to stop its production or sale, to eliminate the defect and to collect it from those who hold it for sale.

(2) If a court decision determines that a series of goods offered for sale is defective, the court may decide to temporarily suspend sales of the goods or to rectify the defect, depending on the nature of the defect. The manufacturer or importer is obligated to rectify the defect within three months of the court decision. If rectifying the defect is impossible, the manufacturer or importer will either recall the goods or have them recalled. Recall goods will be partially or completely destroyed or have them recalled, depending on the risks involved. The consumer’s rights to litigate and seek compensation for the destroyed goods are reserved.

(3) If a series of goods offered for sale has a defect that endangers the safety of the consumer, the provisions of the Law on the Preparation and Implementation of Technical Legislation on Products are reserved.

Control

ARTICLE 75 – (1) In the implementation of this Law, Ministry inspectors, customs and trade inspectors and personnel assigned by the Ministry are authorized to conduct inspections, examinations and research in all places where goods or services are provided.

(2) In matters falling within the scope of this Law, it is mandatory to show all kinds of information and documents to authorized and authorized persons or organizations accurately or to provide the originals or certified copies of the documents upon request.

Consumer product and service auditing

ARTICLE 76 – (1) Consumer product is any new, used or improved product that is designed for use by consumers, including those used in the service sector, or is intended to be used by consumers under reasonable conditions, and is supplied or made available as a result of commercial activities or by other means.

(2) Second-hand products that are antique or require repair or rehabilitation before use are not 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 the safety of life and property or the environment and must comply with all administrative and technical regulations that must be implemented.

(4) The Ministry is responsible for carrying out market surveillance and control of consumer products for which it is responsible, in accordance with the provisions of the Law on the Preparation and Implementation of Technical Legislation on Products.

Sanction provisions

ARTICLE 77- (1) (Amended: 23/5/2024-7511/19 art.) Of this Law;

1. a) Two thousand two hundred Turkish Liras for each transaction or contract in which a violation is detected for those who act contrary to the obligations specified in Articles 4, 7, 18, 19, 20, 21, 26, 30, 35, 49, 51, 52, 54, 57 and the second, third, fourth, sixth and seventh paragraphs of Article 48 and for those who do not deliver or install the goods on time in accordance with the third paragraph of Article 8,
2. b) For those who avoid selling a good or service in violation of Article 6, a fine of not less than two thousand two hundred Turkish Liras for each transaction or contract in which the violation is detected, up to ten percent of the total sales price of the good or service whose sale is avoided, including all taxes,

administrative fines are applied.

(2) If unfair terms determined in accordance with Article 5 of this Law are used in consumer contracts, if this unfair term is not removed from the contract text within the period given by the Ministry, an administrative fine of two hundred Turkish Lira shall be imposed for each contract in which the violation is detected.

(3) An administrative fine of one thousand Turkish Liras shall be imposed on those who act in breach of 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, as well as 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, for each transaction or contract in which the breach is detected.

(4) (Amended: 24/3/2022-7392/15 art.) This Law;

1. a) Administrative fines of three thousand five hundred Turkish Lira shall be imposed on sellers or providers who act in violation of each of the obligations specified in the fourth, fifth, sixth, seventh, ninth, tenth and eleventh paragraphs of Article 50, for each transaction or contract in which the violation is detected, not to exceed five million Turkish Lira per project in a calendar year as of the date on which the violation is detected.
2. b) Article 50;

1) Those who establish timeshare contracts with consumers that provide real rights based on ownership shares, those who act as intermediaries in establishing these contracts, those who grant timeshare rights through cooperative or commercial company partnerships or association or foundation memberships, those who mediate this transaction, those who sell timeshares despite not having real rights on the goods subject to the timeshare, in violation of the second paragraph.

2) Those who establish or facilitate the establishment of prepaid timeshare contracts with consumers in violation of the eighth paragraph,

A prison sentence of three to six years is imposed. If the crimes listed in this subparagraph are committed within the scope of the activities of a legal entity, specific security measures are also imposed.

(5) An administrative fine of one hundred thousand Turkish Lira shall be imposed on 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; an administrative fine of seventy thousand Turkish Lira shall be imposed on those who act contrary to the obligations specified in Article 44 for each house not delivered.

(6) An administrative fine of two hundred Turkish Lira shall be imposed on the producer and importer who act contrary to the obligations specified in Articles 55 and 56 of this Law for each good placed on the market, and on the seller for each good sold to the consumer.

(7) An administrative fine of one hundred thousand Turkish Lira shall be imposed on those who give awards contrary to the provisions of Article 60 of this Law.

(8) Those who violate the obligations set forth in the third paragraph of Article 31 and Article 42 of this Law will be given one month to rectify the violation. If the violation is not rectified by the end of this period, an administrative fine of five million Turkish Lira will be imposed on card issuing organizations that violate the third paragraph of Article 31, and an administrative fine of five hundred thousand Turkish Lira will be imposed on those that violate Article 42.

(9) Periodical publishing organizations that violate the obligations set forth in Article 53 of this Law will be subject to an administrative fine of five thousand Turkish Lira; if the violation is committed through a periodical with nationwide distribution, an administrative fine of one hundred thousand Turkish Lira will be imposed. The periodical publishing organization will also cease the campaign and all advertising and announcements related to the campaign. If the violation persists, an administrative fine of ten thousand Turkish Lira will be imposed for each issue/day, starting from the date the obligation to cease advertising and announcements arises.

(10) (Amended: 24/3/2022-7392/15 art.) This Law;

1. a) Those who act contrary to Article 57/A shall be subject to an administrative fine of five hundred thousand Turkish Lira in the event of carrying out renewal activities without a certificate for goods requiring a renewal authorization certificate; and an administrative fine of five hundred Turkish Lira for each transaction in relation to any irregularities or deficiencies detected in the sale of renewed products.
2. b) (Amended: 23/5/2024-7511/19 art.) Article 58,

1) For manufacturers and importers who act contrary to the second paragraph; one million one hundred and fifteen thousand Turkish Lira in case of failure to obtain an after-sales service qualification certificate, eighteen thousand Turkish Lira for each service station in case of failure to register in the system established by the Ministry or failure to update the registration,

2) Eighteen thousand Turkish Liras for private service stations that do not use the phrase “private service” in a clearly visible and readable manner in all their media and activities, contrary to the fifth paragraph,

3) For manufacturers and importers who do not provide the minimum number of service stations during the validity period of the after-sales service qualification certificate in violation of the eighth paragraph, one hundred and twenty-four thousand Turkish Lira for each missing service station,

administrative fines are applied.

1. c) (Amended: 23/5/2024-7511/19 art.) An administrative fine of two thousand two hundred Turkish Lira shall be imposed on the manufacturers, importers or private service stations that act in violation of the obligations other than those included in Article 58 and subject to sanctions in subparagraph (b) of this paragraph, for each transaction in which the violation is detected.

(11) An administrative fine of ten thousand Turkish Lira shall be imposed on radio and television stations that act contrary to the obligations specified in the second paragraph of Article 59 of this Law.

(12) Advertisers, advertising agencies, and media organizations that violate the obligations set forth in Article 61 of this Law will be subject to suspension, correction by the same method, administrative fines, and, where deemed necessary, a preventive suspension of up to three months. The Advertising Board may issue the sanctions set forth in this paragraph, either together or separately, depending on the nature of the violation. (Amended third sentence: 24/10/2024-7529/7 art.) Contradiction;

1. a) If it is realised through a local television channel, from one hundred and ten thousand Turkish Lira to one million and one hundred thousand Turkish Lira,
2. b) If it is realised through a television channel broadcasting throughout the country, from two million two hundred and ten thousand Turkish Lira to twenty-two million one hundred thousand Turkish Lira,
3. c) If the crime is committed through periodicals, half of the penalties specified in clauses (a) and (b),
4. d) If it is realised locally or via a radio channel broadcasting via satellite, from sixty thousand Turkish Lira to six hundred thousand Turkish Lira,
5. d) From six hundred thousand Turkish Lira to six million Turkish Lira if it is realised through a radio channel broadcasting throughout the country,
6. e) From six hundred thousand Turkish Lira to six million Turkish Lira if the transaction is made via a television channel broadcasting via satellite or via the internet,
7. f) If the transaction is made via SMS, from two hundred and eighty thousand Turkish Lira to two million eight hundred thousand Turkish Lira,
8. g) If it is realised through other channels, from sixty thousand Turkish Lira to six hundred thousand Turkish Lira,

administrative fines shall be imposed. (Fourth sentence amended: 24/10/2024-7529/Art. 7) When applying the administrative fines, the lower and upper limits of which are specified in this paragraph, the Advertising Board shall take into consideration such matters as the unfair nature of the violation, the extent of the benefit obtained or the damage caused as a result of the violation, and the fault and economic situation of the person committing the violation. (Additional sentences: 24/3/2022-7392/Art. 15) (Amended sentences: 23/5/2024-7511/Art. 19) In the event that the violation occurs online, the Advertising Board may decide that a notification be made via electronic means, using the communication tools on the relevant website, domain name, IP address and information obtained from similar sources, for the removal of the content. If the content is not removed within twenty-four hours despite this notification, access may be blocked. A direct access blocking decision may be made limited to the failure to notify the addressee. The access blocking decision is submitted to the Access Providers Association for implementation. The access blocking decision is primarily limited to the content in which the violation occurs. However, if access to the content in question is technically impossible to block, or if the violation cannot be prevented by blocking access to the content in question, a decision to block access to the entire website may be made.

(13) Those who violate the obligations set forth in Article 62 of this Law will be subject to a preventive suspension of the unfair commercial practice for up to three months, or an administrative fine of sixty thousand Turkish Lira to six hundred thousand Turkish Lira. The Board may impose these penalties together or separately, depending on the nature of the violation. The administrative fine will be from six hundred thousand Turkish Lira to six million Turkish Lira if the violation has occurred nationwide. (Additional sentence: 24/10/2024-7529/7 art.) When imposing the administrative fines specified in this paragraph, the Advertising Board shall take into consideration such matters as the unfair nature of the violation, the extent of the benefit gained or damage caused by the violation, and the fault and economic situation of the person committing the violation. If it is determined that the violation was committed through advertising, the provisions of the twelfth paragraph of this article shall apply.

(14) An administrative fine of one million Turkish Lira shall be imposed on 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 Lira shall be imposed on producers or importers who act contrary to the obligations specified in Article 74; and an administrative fine of five thousand Turkish Lira shall be imposed on those who act contrary to the obligations specified in the first paragraph of Article 79.

(15) Those who violate the obligations specified in the second paragraph of Article 75 of this Law will be warned within seven days to provide accurate information and documents or to be provided with the opportunity for an on-site inspection. If the violation continues despite the warning, an administrative fine of not less than eighty thousand Turkish Lira will be imposed at the rate of one percent of the annual gross income generated at the end of the fiscal year preceding the date of the violation. (Additional sentence: 24/3/2022-7392/Art. 15) If the gross income for the previous fiscal year is not generated, the most recent gross income generated will be taken into account. In cases where the gross income is not reported or is reported incorrectly, an administrative fine of six million Turkish Lira will be imposed on prepaid housing sales and one million Turkish Lira on other sales. (Additional sentence: 24/10/2024-7529/Art. 7) An administrative fine of fifty thousand Turkish Lira will be imposed on those who are not obligated to declare their gross income. In the case of timeshare sales, if the violation continues despite the warning, an administrative fine of three million Turkish Lira will be imposed. (Repealed sentence: 24/10/2024-7529/7 art.)

(16) An administrative fine of two hundred Turkish Lira shall be imposed for each transaction on providers that provide services contrary to the obligations specified in the third paragraph of Article 76 of this Law.

(17) The relevant provisions of the Turkish Penal Code No. 5237 dated 26/9/2004 shall apply to those who initiate or organize a pyramid selling system in violation of Article 80 of this Law, or who spread it through meetings, e-mail or other methods that are suitable for ensuring the participation of many other people, or who otherwise support the spread of such a system for commercial purposes.

(18) Those who do not comply with the obligations imposed by this Law and the measures determined by the Ministry in the regulations or notifications, but are not included in the above-mentioned acts, will be subject to administrative fines ranging from one thousand Turkish Lira to fifty thousand Turkish Lira.

(19) Excluding the administrative fines in the second, fourth, eighth, ninth, twelfth and thirteenth paragraphs of this article and administrative fines related to timeshare sales, in cases where the total amount of administrative fines applied in a calendar year as of the date on which the violation is detected exceeds eighty thousand Turkish Lira, the total amount of administrative fines shall not be less than this amount and not exceed one hundred and twenty million Turkish Lira;

1. a) The penalty cannot exceed five percent of the gross annual income of the individual or legal entity subject to the penalty, as of the end of the fiscal year preceding the detection of the violation. If no gross income was generated in the previous year, the gross income as of the date of detection shall be taken into account. This subparagraph shall not apply in cases where gross income is not reported or is reported incorrectly.
2. b) For banks, financial institutions that provide consumer loans and card issuing institutions, the equity capital cannot exceed five per thousand as published in the latest financial statements disclosed to the public.

(20) The imposition of administrative sanctions pursuant to this Law does not preclude actions taken pursuant to other laws. The Ministry is authorized to resolve any doubts that may arise regarding the implementation of this article.

Compromise

ARTICLE 77/A- (Added:28/11/2017-7061/116 art.)

(1) In the event that the person to whom the fine is imposed alleges that the detected violations are due to the failure to sufficiently understand the provisions of the law or to misinterpret the provisions of the law, or that there is a difference of opinion between the court decisions and the administration on the matter in question, the Ministry may reach an agreement with the person to whom the fine is imposed within the framework of the provisions of this article.

(2) (Repealed: 24/10/2024-7529/8 art.)

(3) A request for conciliation must be made within fifteen days of the date of notification of the administrative fine decision for administrative fines for which no application to the administrative court has yet been made. If a request for conciliation is made, the period for filing a lawsuit is suspended; if no conciliation is reached, the period begins where it left off. If no conciliation is reached, a new request for conciliation cannot be made.

(4) Requests for conciliation submitted under this article are evaluated by conciliation committees. The conciliation minutes kept by the conciliation committees are final and the necessary actions are taken immediately by the administration. The person facing the penalty cannot file a lawsuit or file a complaint with any authority regarding the matters agreed upon and recorded in the minutes.

(5) In the event of conciliation, the discount rate on administrative fines cannot exceed fifty percent. Pursuant to Article 17 of Law No. 5326 on Violations, dated March 30, 2005, no additional advance payment discount is available for administrative fines for which a conciliation request is made pursuant to this article. If conciliation is reached, the conciliation report for administrative fines subject to conciliation shall be notified at the time of the conciliation and shall be paid within fifteen days of its notification.

(6) The attendance allowance and attendance fee to be paid to the chairpersons and members of the conciliation committees for their work in these committees, and the procedures and principles related to this, are determined by the Ministry, after obtaining the approval of the Ministry of Finance.

(7) The establishment and operation of conciliation commissions and the procedures and principles regarding the applications to be made within the scope of this article are regulated by regulations.

Authority and objection in penalties

ARTICLE 78 – (1) (Amended: 24/3/2022-7392/16 art.) The administrative sanction decisions stipulated in the twelfth and thirteenth paragraphs of Article 77 are made by the Advertising Board, while the administrative sanction decisions stipulated in other paragraphs are made by the Ministry. The Ministry may delegate this authority to provincial trade directorates in the provinces.

(2) Administrative sanction decisions issued pursuant to the provisions of this Law may be appealed to administrative courts in accordance with the provisions of Law No. 2577 on Administrative Procedure, dated January 6, 1982. However, a lawsuit must be filed with the administrative court within thirty days of the notification of the action. Filing an annulment lawsuit with the administrative court does not prevent the enforcement of the decision.

(3) Administrative fines imposed in accordance with this Law must be paid within one month from the date of notification.

PART NINE

Miscellaneous Provisions

Food imitation products

ARTICLE 79 – (1) The production, marketing, import, and export of products that, although not food products, appear different from their original state due to their shape, odor, color, appearance, packaging, labeling, volume, or size, and therefore pose a health and safety risk to consumers, especially children, by being mistaken for food products are prohibited. Products that are not food products but are produced as traditional handicrafts and do not pose a health hazard are exempt from this provision, provided they bear warning signs and labels.

(2) The Ministry is authorized to take the 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 case the unsafety of these products placed 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 market surveillance and inspection of products within this scope.

(5) Consumers who purchase food imitation products reserve the right to file a lawsuit for material and moral damages they suffer.

Pyramid selling systems

ARTICLE 80 – (1) Pyramid selling is a system of unrealistic or very difficult to achieve earnings expectation that gives participants the hope of gaining money or assets in return for putting forward a certain amount of money or assets, provided that other participants can find them under the same conditions, and that makes the acquisition of the assets dependent, in whole or in part, on the other participants also complying with the conditions.

(2) Establishing, disseminating or recommending pyramid selling systems is prohibited.

(3) The Ministry is authorized to conduct the necessary investigations regarding pyramid selling systems and to take the necessary measures in cooperation with the relevant public institutions or organizations, including the suspension of the electronic system, if any, in our country.

Testing, examination and analysis

ARTICLE 81 – (1) The Ministry may utilize laboratories of official or private institutions for the implementation of this Law. Testing and inspection fees shall be covered by the Ministry’s budget.

(2) If the test and inspection results are found to be in violation of the relevant administrative and technical regulations, all related expenses will be collected from the manufacturer or importer in accordance with the provisions of the Law on the Procedure for Collection of Public Receivables. The collected test and inspection fees will be recorded as revenue in the budget.

Allowance

ARTICLE 82 – (1) Expenses related to the activities of the Advertising Board, Advertising Council, Consumer Council and consumer arbitration committees, expenses of the Ministry for the purpose of consumer protection and other expenses are covered from the allocation to be allocated to the Ministry’s budget.

Other provisions

ARTICLE 83 – (1) In cases not covered by this Law, general provisions shall apply.

(2) The existence of regulations in other laws regarding transactions in which one of the parties is a consumer does not prevent this transaction from being considered as a consumer transaction and the provisions of this Law regarding duties and authority from being applied.

Regulations and other regulatory processes

ARTICLE 84 – (1) The Ministry is authorized to take the necessary measures and make arrangements within the framework of the legislation regarding the implementation of this Law.

(2) The regulations foreseen in this Law shall be issued by the Ministry within six months from the date of entry into force of the Law.

(3) The opinions of relevant public institutions and organizations, professional organizations with public institution status, non-governmental organizations and professional organizations are taken into account in the secondary regulations to be issued by the Ministry.

Staff creation

ARTICLE 85 – (1) The positions included in the attached list were created and added to the section of the Annex (I) table of the Decree Law No. 190 on General Staff and Procedures, dated 13/12/1983, pertaining to the Ministry of Customs and Trade.

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 have been made to this Law.

Transitional provisions

TEMPORARY ARTICLE 1 – (1) Cases filed before the date of entry into force of this Law shall continue to be heard in the courts where they were filed.

(2) Consumer transactions prior to the entry into force of this Law, their legal binding nature and their consequences shall be subject to the provisions of the law under which these transactions took place, as a rule, when the law was in force. However:

1. a) Provisions of contracts established before the entry into force of this Law and still in force shall not be applied from the date of entry into force.
2. b) If the limitation periods and limitation periods that began to run before the date of entry into force of this Law have not expired, the limitation period or limitation period shall expire upon the expiration of the period stipulated in this Law.

(3) Until the regulations foreseen in this Law come into force, the provisions of the regulations and other legislation issued based on the Consumer Protection Law, which was repealed by this Law, that do not contradict this Law shall apply.

TEMPORARY ARTICLE 2- (Added: 22/7/2020-7251/60 art.)

(1) The provisions of this Law regarding mediation as a condition of litigation shall not apply to cases pending in the first instance courts, regional courts of justice and the Supreme Court as of the date of entry into force of these provisions.

TEMPORARY ARTICLE 3- (Added: 24/3/2022-7392/17 art.)

(1) Consumer transactions made before the effective date of this article, their legal binding status, and their consequences shall be subject to the provisions of the law applicable to the period under which these transactions were made. However, provisions of indefinite-term consumer contracts concluded before the effective date of this article and still in effect, which conflict with this law, shall not apply as of the effective date of this article.

(2) For the real estates subject to timeshares for which a construction permit has been obtained as of the date of publication of this article, timeshares, timeshares providing real rights based on ownership shares or timeshares providing personal rights can be sold, including sales by prepayment, for a period of five years from the date of publication of this article; timeshare rights can be granted through cooperative or commercial company partnership or association or foundation membership; those who do not have real rights on the property subject to timeshares can sell timeshares.

(3) The provisions of the tenth paragraph of Article 50, as amended by the Law establishing this article, together with the provisions of the Law before the publication date of this article, including the provisions of administrative fines, shall apply to timeshare contracts established before the publication date of this article and contracts established within the scope of the second paragraph.

(4) For applications made to consumer arbitration committees and lawsuits filed in courts in accordance with Articles 66, 68 and 73, the provisions regarding duties and authority in force on the date the applications were made and the lawsuits were filed shall apply.

Force

ARTICLE 87 – (1) This Law shall enter into force six months after its publication.

Executive

ARTICLE 88 – (1) The Council of Ministers shall execute the provisions of this Law.

ABOUT CONSUMER PROTECTION LAW NO. 6502

ADMINISTRATIVE FINES IN ARTICLE 77 OF THE LAW

TABLE OF QUANTITIES

(The Communiqué on Administrative Fines to be Applied in 2025 According to Article 77 of the Law No. 6502 on Consumer Protection, published in the Official Gazette dated 20/12/2024 and numbered 32758, and the amounts of administrative fines regulated in Article 77 of the Law No. 6502 on Consumer Protection will be applied as follows, starting from 1/1/2025.)

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LIST SHOWING THE ENFORCEMENT DATE OF THE LEGISLATION ADDING AND AMENDING TO LAW NO. 6502 OR THE PROVISIONS CANCELLED BY THE CONSTITUTIONAL COURT