Legal Rights

LAW ON CONSUMER PROTECTION

Law Number: 6502

Acceptance Date: 7/11/2013

Published in the Official Gazette: Date: 28/11/2013 Number: 28835

Published Code: Series: 5 Volume: 54

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 damages, to ensure their protection from environmental hazards, to enlighten and raise awareness of consumers, 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 in accordance with the public interest.

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;

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

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

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,
e) Importer: A real 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,
f) Permanent data storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card or similar medium that allows the information sent by the consumer or sent to the consumer 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 allows access to this information as is,
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,

g) Creditor: A natural or legal person authorized to provide credit to consumers in accordance with the legislation,

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 environment, which are the subject of shopping.

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 of or on behalf of the service provider,

i) Seller: A natural or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,
j) Technical regulation: Definition in the Law on the Preparation and Implementation of Technical Legislation on Products dated 29/6/2001 and numbered 4703,
k) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
l) Consumer transaction: All kinds of contracts and legal transactions established between real or legal persons acting for commercial or professional purposes, including public legal entities, or acting on their behalf or account, and consumers in the goods or services markets, including contracts for work, transportation, brokerage, insurance, power of attorney, banking and similar contracts,
m) Consumer organisations: Associations, foundations or their parent organisations established for the purpose of protecting consumers,
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 prepared in writing in this Law shall be prepared in a font size of at least twelve points, in an understandable language, in a clear, plain and readable manner and a copy of these shall be given to the consumer on paper or in a permanent data storage device. In the event that one or more of the conditions required to be included in the contract are not present, the deficiency shall not affect the validity of the contract. This deficiency shall be immediately remedied by the person who issued the contract.

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

(3) No additional fee can be requested from the consumer for the actions that the consumer rightfully expects to be performed within the scope of the goods or services offered to him/her and that are among the legal obligations of the person who issues the contract, and for the expenses incurred by the person who issues the contract for his/her own benefit. In products or services offered to the consumer by banks, financial institutions that provide consumer loans and institutions that issue cards, all types of fees, commissions and expenses to be collected from the consumer, other than interest, and the procedures and principles related to these shall be determined by the Central Bank of the Republic of Turkey, after receiving the opinion of the Ministry, in accordance with the spirit of this Law and in a manner that protects the consumer. [1]

(4) Information regarding all kinds of fees and expenses to be requested from the consumer pursuant to the contracts regulated in this Law must be given to the consumer in written form on paper as an annex to the contract. In contracts established via a remote communication tool, this information is given in a manner appropriate to the remote communication tool used. The burden of proof that this information has been given to the consumer belongs to the person who prepared the contract.

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

(6) In consumer transactions, personal guarantees received in return for the consumer's actions are considered ordinary suretyships, regardless of the name they are given. Personal guarantees given by the other party regarding the consumer's receivables are considered joint suretyships, unless otherwise provided in other laws.

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

(8) This Law covers participation banks in terms of 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 that is contrary to the principle of good faith.

(2) Unfair terms included in contracts concluded with the consumer are absolutely void. The provisions of the contract other than the unfair terms remain valid. In this case, the person who issues the contract cannot claim that he would not have concluded the contract with the other provisions if the terms deemed absolutely void had not existed.

(3) If a contractual term has been prepared in advance and cannot affect the content of the consumer due to its inclusion in the standard contract, it is deemed that the contractual term has not been negotiated with the consumer. If the person who issues the contract claims that a standard term has been negotiated individually, he/she has the burden of proving this. If the conclusion that the contract is a standard contract is reached from the evaluation of the contract as a whole, the fact that certain elements or an individual provision of a term in this contract have been negotiated does not prevent the application of this article to the remaining part of the contract.

(4) If the terms of the contract are in writing, they must be in a clear and understandable language that the consumer can understand. If a provision in the contract is not clear and understandable or has more than one meaning, this provision will be interpreted in favor of the consumer.

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

(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, including but not limited to, the contract terms that are considered to be unfair terms are determined by regulation.

Avoid selling

ARTICLE 6 - (1) The sale of goods displayed in a showcase, 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, unless there is a contrary custom, commercial tradition or justified reason, bind the sale of a good or service to conditions such as the quantity, number or size of that good or service determined by them or to the purchase of another good or service.

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

Goods or services not ordered

ARTICLE 7 - (1) In case of sending goods or providing services that are not ordered, no rights can be claimed against the consumer. In such cases, the consumer's silence or use of the goods or services cannot be interpreted as a declaration of acceptance for the establishment of the contract. The consumer has no obligation to send back or keep the goods.

(2) The person 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 objectively should have.

(2) Goods that do not have one or more of the features stated on their packaging, labels, introduction and user manuals, internet portals or advertisements and announcements; that are contrary to the characteristics declared by the seller or determined in the technical regulation; that do not meet the intended use of equivalent goods; 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 period agreed upon in the contract or failure to properly install the goods when the goods are installed by the seller or under his responsibility is considered as non-contractual performance. In cases where the assembly of the goods is foreseen to be done by the consumer, if the assembly is done incorrectly due to an error or deficiency in the assembly instructions, this is considered as non-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 the 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 from the date of delivery are deemed to have existed at the date of delivery. In this case, the burden of proof that the product is not defective belongs to the seller. This presumption does not apply if it is not consistent with the nature of the product or the defect.

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

(3) A label containing explanatory information about the defect of the product shall be placed on the defective product or on its packaging by the manufacturer, importer or seller in a manner that the consumer can easily read. It is mandatory that this label be given to the consumer or that explanatory information about the defect be clearly shown on the invoice, receipt or sales document given to the consumer. Products that do not comply with the technical regulation cannot be placed on the market in any way. The provisions of 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;

a) To withdraw from the contract by declaring that he/she is ready to return the sold item,
b) To keep the sold item and request a discount from the sales price in proportion to the defect,
c) Requesting free repair of the sold item, with all costs being borne by the seller, unless an excessive expense is required.

c) If possible, request that the sold product be replaced with a defect-free one,

may use one of his/her optional rights. The seller is obliged to fulfill this request chosen by the consumer.

(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 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 by them.

(3) If free repair or replacement of the product with a defect-free equivalent would cause disproportionate difficulties for the seller, the consumer may exercise one of the rights of withdrawal from the contract or a discount on the price in proportion to the defect. In determining the disproportion, the defect-free value of the product, the importance of the defect and whether resorting to other optional rights would constitute a problem for the consumer are taken into account.

(4) In case of choosing one of the rights of free repair or replacement of the product with a defect-free equivalent, this request must be fulfilled within a maximum of thirty working days from the date of submission to the seller, manufacturer or importer, and within sixty working days for residential and holiday properties. However, for the goods included in the list annexed to the regulation issued in accordance with Article 58 of this Law, the consumer's free repair request shall be fulfilled within the maximum repair period specified in the regulation. Otherwise, the consumer is free to exercise his/her other optional rights.

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

(6) All costs incurred due to the exercise of optional rights shall be covered by the party that fulfills 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 11/1/2011, together with one of these optional rights.

Statute of Limitations

ARTICLE 12 - (1) Unless a longer period is determined by law or in the contract between the parties, liability for defective goods is subject to a limitation of two years from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years from the date of delivery of the real estate for residential or holiday purposes.

(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 real estate for residential or holiday purposes, it cannot be less than three years.

(3) If the defect is concealed through gross negligence or fraud, the provisions of limitation 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 characteristics declared by the service provider, included on the internet portal or in advertisements and announcements, or that contain material, legal or economic deficiencies that reduce or eliminate their value in terms of the purpose of use or the benefits 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 the service is performed defectively, the consumer is free to use one of the following rights against the provider: the service to be performed again, the free repair of the work resulting from the service, a discount on the price in proportion to the defect, or withdrawal from the contract. The provider is obliged to fulfill this request made by the consumer. All costs incurred due to the use of optional rights are covered by the provider. The consumer may also request compensation in accordance with the provisions of the Turkish Code of Obligations along with one of these optional rights.

(2) If free repair or resumption of service would cause disproportionate difficulties for the provider, the consumer cannot exercise these rights. In determining disproportionality, the defect-free value of the service, the importance of the defect and whether resorting 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 to reduce the price in proportion to the defect, the entire amount paid or the amount reduced from the price shall be refunded to the consumer immediately.

(4) In cases where free repair or re-service is chosen, the request shall be fulfilled by the provider within a reasonable period of time and in a manner that does not cause serious problems for the consumer, considering the nature of the service and the purpose of the consumer to benefit from this service. In any case, this period cannot exceed thirty working days from the date the request is directed 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 starting 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 provisions of limitation 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 provider who has not made 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 notification of the exercise of the right of withdrawal to be sent to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.

(3) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer may only use the goods to the extent required by a regular review; otherwise, the consumer cannot exercise the right of withdrawal. The consumer cannot exercise the right of withdrawal in service contracts where the service is started with the consumer's approval 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 that the consumer defaults in paying the installments in the installment sales contracts, if the seller or provider reserves the right to demand the payment of the entire remaining debt, this right can only be exercised if the seller or provider has fulfilled all of its obligations and the consumer is in default in paying at least two consecutive installments constituting at least one tenth of the price in the contract or one installment constituting at least one fourth. In order for the seller or provider to exercise this right, it is mandatory to give the consumer a notice of acceleration by giving him at least thirty days. [2]

(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 may pay one or more installments that are not due. In both cases, the seller or provider is obliged to make all 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 sales 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 credit 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 financing methods in return for interest or a similar benefit.

(2) Credit card agreements are considered as consumer credit agreements if the payment is postponed for more than three months or a similar payment in installments is provided in return for interest or a similar benefit. However, in this case, the interest rate to be applied cannot exceed the rate determined in accordance with the credit card agreement.

(3) A consumer credit agreement is not valid unless it is made in writing. A creditor who has not made 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 credit agreement within fourteen days without giving any reason and without paying any penalty.

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

(3) In cases where a consumer who exercises his right of withdrawal benefits from the credit, the consumer shall repay the principal and the interest accrued from the date the credit was used to the date the principal was repaid, at the latest within thirty days after sending the notice of withdrawal to the creditor. If payment is not made within this period, the consumer is deemed not to have withdrawn from the credit. Interest is calculated according to the contractual interest rate. No fee can be claimed from the consumer other than the calculated contractual interest and the expenses paid to a public institution or organization or third parties.

Interest rate

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

(2) In consumer credit contracts, if the contractual interest, effective annual interest or total cost of the credit is not included, the credit amount shall be used interest-free until the end of the contract period. If the effective interest rate is shown lower than it actually is, the contractual interest rate to be taken as basis in calculating the total cost of the credit shall be redetermined to comply with the lower effective interest rate. In such cases, the payment plan shall be rearranged according to the changes made.

Amendments to the contract

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

(2) In the event of an increase in the interest rate in an indefinite-term credit agreement, it is mandatory to notify the consumer in writing on paper or via a permanent data storage device thirty days before the change comes into effect. This notification shall include details regarding the amount, number and intervals of payments to be made after the new interest rate comes into effect. In the event of an increase in the interest rate, the new interest rate cannot be applied retroactively. The consumer will not be affected by the interest rate increase if he/she pays the debt in full and ceases to use the credit within sixty days at the latest from the date of notification. [3]

Early payment

ARTICLE 27 - (1) The consumer may make one or more installment payments that are not due or may pay the entire loan debt early. In such cases, the creditor is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.

Default

ARTICLE 28 - (1) In the event that the consumer defaults in paying the installments in a fixed-term credit agreement, if the creditor reserves the right to demand the full payment of the debt, this right can only be exercised if the creditor has fulfilled all its obligations and the consumer has defaulted in paying at least two consecutive installments. In order for the creditor to exercise this right, it is mandatory to give the consumer a notice of acceleration by giving him at least thirty days.

(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 its title: 24/3/2022-7392/4 art.)

(1) Credit-related insurance cannot be taken out without the consumer's explicit request in writing or through a permanent data storage device. The creditor may offer the consumer a credit contract that includes credit-related insurance, provided that the consumer is also offered a contract that does not include credit-related insurance.

(2) The insurance provided by the consumer from the insurance company of his choice must be accepted by the creditor. The credit-related insurance must be compatible with the remaining debt amount and term in the amount insurances in order to provide the guarantee of 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;

a) The seller or provider finances the loan for the consumer,
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,
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 for the supply of goods or services and the relevant notification is also sent to the credit provider within the withdrawal period, the connected credit contract will also be terminated without any obligation to pay compensation or penalties.

(4) In dependent credits, if the goods or services are not delivered or performed at all or as required, the seller, provider and creditor are jointly and severally liable if the consumer exercises his right to withdraw from the sales contract or to deduct the price. If the consumer exercises his right to deduct the price, the dependent credit is also reduced at the same rate and the payment plan is changed accordingly. If the consumer exercises his right to withdraw from the contract, the seller, provider and creditor are jointly and severally liable for the refund of the payment made up to that date. However, the liability of the creditor is limited to one year from the date of delivery of the goods or performance of the services specified in the sales contract or dependent credit contract in cases where the goods are not delivered or the services are not performed, and from the date of delivery of the goods or performance of the services in cases where the goods are delivered or the services are performed, and limited to the amount of the credit used.

(5) Loans provided by the creditor, where the price of the good or service determined by the consumer is paid by the creditor, without a contract between the creditor and the seller or provider regarding the supply of a specific good or service, are not considered as tied loans.

Other matters

ARTICLE 31 - (1) If an account is opened for a fixed-term credit agreement and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account is closed with the payment of the credit unless the consumer requests otherwise in writing.

(2) An overdraft agreement cannot be concluded in connection with a fixed-term credit 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 charge annual membership fees or similar fees.

(4) The procedures and principles regarding pre-contractual 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, use of the right of termination, default, transfer of the loan, dependent loan and other issues are determined by the regulation.

CHAPTER THREE

Housing Finance

Housing finance agreements

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

(2) A housing finance contract is not valid unless it is made in writing. A housing finance institution that has not made 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 a 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 housing finance institution reserves the right to demand the payment of the entire remaining debt in the event of the consumer defaulting in paying the installments, this right can only be exercised if the housing finance institution has fulfilled all its obligations and the consumer has defaulted in paying at least two consecutive installments. In order for the housing finance institution to exercise this right, it must give the consumer a notice of acceleration, giving at least thirty days.

(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 his/her obligation within the period given in the acceleration notice, the housing finance institution is obliged to immediately put the house up for sale if it terminates the housing finance contract in order to use its right to fulfill the entire remaining debt after the expiration of this period. The housing finance institution shall have the house valued by persons or institutions authorized pursuant to the Capital Markets Law No. 6362 dated 6/12/2012 before the sale. The value appraised shall be notified to the consumer at least ten business days before the sale. The housing finance institution shall act as a prudent merchant by taking into account the appraised value and shall sell the house. If the amount obtained from the sale of the house exceeds the remaining debt, the excess shall be paid to the consumer immediately. Article 33 of the Financial Leasing, Factoring and Finance Companies Law No. 6361 dated 21/11/2012 shall not apply to financial leasing transactions for housing finance.

(4) If the sale of the house is carried out within the scope of the third paragraph of this article and if the amount of the proceeds exceeding the remaining debt is paid to the consumer, the consumer or the third parties in possession are obliged to evacuate the house. If the house is not evacuated, the owner of the house may apply for enforcement against the consumer or the third parties in possession pursuant to Articles 26 and 27 of the Execution and Bankruptcy Law No. 2004 dated 9/6/1932.

Tied loans

ARTICLE 35 - (1) A tied loan agreement is an agreement 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 agreements form an objective economic unity.

(2) In tied credits, if the consumer exercises one of the optional rights specified in Article 11 of this Law due to the house not being delivered at all or not being delivered properly, the seller and the housing finance institution are jointly and severally liable. However, the liability of the housing finance institution is one year from the house delivery date specified in the housing sales contract or tied credit contract in case the house is not delivered, and from the date the house is delivered in case the house is delivered, limited to the amount of the loan used.

(3) Even if the 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 continues. The institution that takes over the loan shall not be liable within the scope of this article.

(4) Loans provided 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 as 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) In loans for housing finance and financial leasing transactions, the interest rate may be determined as fixed or variable or by taking both methods into account for the same loan, provided that the interest rate is determined as fixed, the rate determined on the date of establishment of the contract cannot be changed without the consent of the parties. In case the rate is determined as variable, the rate initially determined in the contract may be changed based on the lowest of the indexes that are generally accepted and widely used in Turkey or abroad and that will be determined in the contract, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount initially determined in the contract. In case the rates are determined as variable, consumers must be informed about the possible effects of this method. The reference interest rates and indexes 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 installment payments that are not due, or may pay the entire housing finance debt early. In such cases, the housing finance institution is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.

(2) If the interest rate is determined as fixed, the housing finance institution may request early payment compensation from the consumer if one or more payments are made before the due date, provided that the contract includes such compensation. The early payment compensation cannot exceed one percent of the amount paid early to the housing finance institution by the consumer, calculated by making the necessary interest deduction, for loans with a remaining maturity of not more than thirty-six months, and two percent for loans with a remaining maturity of more than thirty-six months. If the rates are determined as variable, early payment compensation cannot be requested from the consumer.

Providing insurance, financial ancillary products and services

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

(1) Credit-related insurance cannot be taken out without the consumer's explicit request in writing or through a permanent data storage device. The housing finance institution may offer the 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 insurance provided by the consumer from the insurance company of his choice must be accepted by the housing finance institution. The credit-related insurance must be compatible with the remaining debt amount and term in the amount insurances in order to provide the guarantee of repayment of the credit 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 contract and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account is closed with the payment of the credit unless the consumer requests otherwise in writing.

(2) An overdraft agreement cannot be concluded 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 real estate in advance, either in cash or in installments, and the seller undertakes to transfer or deliver the real estate 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 conclusion of the contract.

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

Shape requirement

ARTICLE 41 - (1) It is mandatory that the prepaid housing sale be registered in the land registry and the sales promise contract 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 a 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 the seller starts selling prepaid housing for projects above the size determined by the Ministry according to the number of houses in the project or the total cost of the project, it is mandatory to take out 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 the prepaid housing sales contract within fourteen days without giving any reason and without paying any penalty. It is sufficient for the notification of the use of the right of withdrawal to be sent to the seller within this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.

(2) If the real estate is purchased partially or completely 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, and shall be effective on the date the agreement is established. The housing finance institution cannot demand any expenses from the consumer under the names of interest, commission, legal obligations and the like during the right of withdrawal period.

(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.) It is mandatory to deliver the prepaid residence 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. In the event of transfer of possession together with the registration of the floor easement in the land registry in the name of the consumer, the transfer and delivery is deemed to have been made.

Withdrawal from 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 case of withdrawal from the contract, the seller may request the payment of compensation for the expenses arising from taxes, duties and similar legal obligations arising from the sale of the house or the sales promise contract, as well as up to two percent of the contract price for the first three months, four percent for three to six months, six percent for six to twelve months and eight percent for twelve to twenty-four months from the contract date.

(2) If the seller does not fulfill his obligations at all or properly, he cannot claim any price from the consumer. If the consumer dies or is permanently deprived of earnings and is unable to make advance payments, or if the seller refuses to accept the offer to replace the contract with an installment sales contract under normal conditions, no price can be claimed from the consumer.

(3) In case of withdrawal from the contract, the amount to be returned to the consumer and any document that puts the consumer in debt shall be returned to the consumer within one hundred and eighty days at the latest from the date on which the withdrawal notice reaches the seller. The consumer shall return the purchases within ten days from the date on which the seller returns the amount received and any document that puts the consumer in debt. [4]

Other matters

ARTICLE 46 - (1) Pre-contractual 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;

a) Established outside the workplace, in the simultaneous physical presence of the parties, regardless of whether the offer is made by the consumer or the seller or provider,
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,
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 a vendor or provider authorized by the Ministry.

(3) Before being bound by a contract established outside the workplace or any corresponding offer, the consumer must be informed in a clear and understandable manner on the issues detailed in the regulation. The burden of proof that the consumer has been informed lies with the seller or provider.

(4) Contracts established outside the workplace are not valid unless they are made in writing. A seller or provider who has not established a valid contract cannot later claim the invalidity of the contract to the detriment of the consumer. The seller or provider is obliged to ensure that the consumer writes the date of the contract in his/her own handwriting and signs the contract, to give a copy of the contract to the consumer and to provide the goods or services to the consumer. The seller or provider is responsible for proving that the contract has been delivered to the consumer and that the goods or services have been provided.

(5) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. It is sufficient for the notification of the exercise of the right of withdrawal to be sent to the seller or provider within this period. During the withdrawal period, the seller or provider cannot ask the consumer to make a payment under any name in return for the goods or services subject to the contract or to provide any document that puts the consumer in debt. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. The consumer is not responsible for changes and deteriorations that occur due to the usual use of the goods during the withdrawal period.

(6) If the seller or provider acts contrary to the obligations specified in this article or does not properly inform the consumer about the right of withdrawal, the consumer is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period expires one year after the date on which the withdrawal period ends.

(7) The mandatory content of the contract, out-of-scope contracts, direct sales, rights and obligations of the consumer and the seller and provider, right of withdrawal, obligation to inform, delivery, qualifications to be sought from those who will make sales 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 the distance contract or any offer corresponding to it, the consumer is informed by the seller or provider in a clear and understandable manner about the matters detailed in the regulation and that he/she will be under a payment obligation if his/her order is approved. The burden of proof that the consumer has been informed lies with the seller or provider.

(3) The seller or provider shall perform the obligation within the period undertaken from the moment the consumer's order reaches them. (Amended sentence: 24/3/2022-7392/7 art.) In sales of goods, except for contracts regarding goods prepared in line with the consumer's request or personal needs, this period cannot exceed thirty days in any case. If the seller or provider fails to perform the 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 giving any reason and without paying any penalty. It is sufficient for the notification of the exercise of the right of withdrawal to be sent to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the date on which the withdrawal period ends. The consumer is not responsible for changes and deteriorations that occur due to the ordinary use of the product during the period of the right of withdrawal.

(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 keep open a system that is suitable for consumers to submit and follow up their requests and notifications regarding the issues determined by the regulation during 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 operating as intermediary service providers shall, in relation to the distance contracts they mediate; [5]

a) Responsible, jointly and severally, with the seller or provider for the provision of preliminary information to the consumer, its confirmation and proof,
b) Deficiencies in the matters required to be included in the preliminary information specified by the regulation, except for cases where data entry is made by the seller or provider,
c) Keeping records of transactions made by consumers with sellers or providers due to the issues 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 brokerage service they have made with the seller or provider,

d) In case of collection of the price on behalf of the seller or provider, the seller or provider shall be 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.
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,
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 provider and the intermediary service provider who mediates the establishment of the distance contract, 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 kinds of banking services, credit, insurance, individual retirement, investment and payment-related services. Distance contracts regarding financial services are contracts established between the provider and the consumer through the use of distance communication tools within the framework of a system established for the distance marketing of financial services.

(2) In distance contracts related to financial services, before the consumer declares his/her will regarding the establishment of the contract, he/she must be informed about the right of withdrawal, the obligations that the consumer will assume in the event of an acceptance declaration, and other issues, the details of which are determined by the Ministry, in a clear, understandable manner and in accordance with the means of communication used. It must be clear that this information is provided for commercial purposes and in cases where voice communication means are used, the identity of the provider and the reason for the request for a meeting must be stated at the beginning of each meeting. The consumer's acceptance of the establishment of the contract is recorded or recorded in a physical or electronic environment in accordance with the means of communication used. The provider is obliged to take the necessary measures for the transmission of the right of withdrawal and for the detection or recording to be made in a physical or electronic environment.

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

(4) The consumer may request a written copy of the contract on paper without paying any fee during the term of the contractual relationship. In addition, the consumer has the right to change the remote 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 related to financial services within fourteen days without giving any reason and without paying any penalty. It is sufficient for the notification of the use of the right of withdrawal to be sent to the provider within this period. The provider is obliged to prove that the consumer has been informed about the right of withdrawal. In contracts related to insurance contracts and individual retirement, the provisions in other legislation in favor of the consumer regarding the withdrawal period shall apply.

(6) In distance contracts related to financial services, it is sufficient for the consumer to communicate his/her request to terminate the contract via any means of distance communication. The consumer cannot be forced to use a method that includes more onerous conditions than the method that established the contract in order to terminate 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: 24/3/2022-7392/8 art.) The fact that the right granted by timeshare contracts is a personal or real right or that the timeshare sale is made through financial leasing does not prevent the application of this article. Except for contracts granting timeshare rights established within the scope of the provisions of the eighth section of the Law on Condominiums No. 634 dated 23/6/1965, timeshare contracts granting real rights based on ownership shares cannot be established with consumers. Timeshare rights cannot 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 timeshare cannot sell timeshares.

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

a) Timeshare contracts
b) Long-term holiday service contracts
c) Exchange agreements

ç) Resale contracts where 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 obliged to ensure that the consumer writes the date of the contract in his/her own handwriting and signs the contract. A copy of these contracts, whether written or established through distance selling, must be given to the consumer on paper or in a permanent data storage device. The provisions of the law that stipulate more stringent formal conditions 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 ask the consumer to make a payment under any name or to provide any document that puts the consumer in debt. (Additional sentences: 24/3/2022-7392/8 art.) If any amount is collected from the consumer despite this prohibition, the amount collected shall be returned to the consumer immediately. In addition, any document that puts the consumer in debt shall be invalid in terms of the consumer. Timeshare vacation, long-term vacation service contracts and all other contracts related to resale, exchange and other contracts concluded together with these contracts shall automatically terminate upon the exercise of the right of withdrawal. [6]

(7) If the amount 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 penal clause.

(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 requested from the consumer under any name for that period.

(11) Timeshare, long-term holiday service, resale, exchange contracts and the content of preliminary information, the rights and obligations of the consumer and the seller and provider, the right of withdrawal (…) [7] and other application procedures and principles are determined by 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 where the service covers a period longer than twenty-four hours or includes overnight accommodation:

a) Transportation
b) Accommodation
c) Other tourism services not dependent on 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 Turkey, the package tour intermediary shall be liable as the package tour organizer.

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

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

(6) If one of the essential elements of the package tour contract changes due to reasons not attributable to the consumer or if the tour is cancelled before it starts, the consumer may accept this change or an alternative tour offered by the package tour organiser, or may also have the right to withdraw from the contract. In the event of withdrawal from the contract, the package tour organiser or its intermediary must immediately refund the entire amount paid by the consumer without any deductions, as of the date on which the withdrawal notification is received.

(7) The consumer has the right to request a reduction in the price due to any deficiency that occurs during the performance of the contract. If it is determined that the package tour organizer has not or will not fulfill an important obligation after the tour has started, the consumer may withdraw from the contract. In such cases, the right of the package tour organizer or intermediary to demand a fee ends. It is mandatory that the payments made be returned to the consumer immediately as of the date of withdrawal from the contract. However, the package tour organizer may request an appropriate compensation from the consumer for the obligations it has performed up to that point, in proportion to the consumer's use of the service.

(8) Subject to the provisions of the Travel Agencies and Travel Agencies Association Law No. 1618 dated 14/9/1972 regarding compulsory insurance, the package tour organizer is 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 such 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 contracts are contracts that enable the consumer to acquire a certain good or service continuously or at regular intervals.

(2) A copy of these contracts, whether made in writing or at a distance, must be given to the consumer on paper or in a permanent data storage medium.

(3) No provisions can be included in fixed-term subscription contracts that the contract will be extended for the specified period; however, after the establishment of the subscription contract, the subscription contract can be extended if the consumer requests or approves until the date the contract ends.

(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 and without 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 makes changes to the terms of the contract. It is sufficient for the termination notice to be sent to the seller or provider on paper or via permanent data storage. The seller or provider cannot determine a method for termination of the subscription contract that includes more stringent conditions than the method that established the contract.

(5) The seller or provider is obliged to fulfill the consumer's request to terminate the subscription within the periods specified by the regulation. In cases where the subscription is not terminated within the specified periods, no fee can be requested from the consumer, even if the goods or services have been used since the end of these periods. The seller or provider is obliged to refund the remaining part of the fee paid by the consumer without deduction within fifteen days from the date the termination notice becomes 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 an appropriate 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 implementation procedures and principles are determined by the regulation.

Promotional practices organized by periodical publishing organizations

ARTICLE 53 - (1) In promotional practices organized by periodical publishing organizations, where a second good or service is promised or given, other than the periodical, through tickets, coupons, participation numbers, games, draws and similar means, for whatever purpose and 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 determined by the regulation.

(2) The duration of promotional practices that require the purchase of more than one issue of a periodical and that 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 program regarding the delivery and performance dates of the goods or services in question throughout Turkey in the advertisements related to the promotional application and to fulfill the delivery and performance of these goods or services within forty-five days from the end of the promotional application.

(4) During the promotion period, the sales price of the periodical cannot be increased due to the cost increase caused by the goods or services that are promised to be given as a second product. The consumer cannot be asked to cover all or part of the cost of the goods or services that are the subject of the promotion.

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

(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 regulation.

FIFTH

Informing the Consumer and Protecting Their Interests

Price tag

ARTICLE 54 - (1) It is mandatory to put a label on the goods offered for retail sale or on their packages or containers in a way that is easily visible and readable, showing the sales price and unit price, including all taxes to be paid by the consumer, and including the place of production and distinguishing features; in cases where it is not possible to put a label, lists containing the same information must be hung in suitable places where they can be seen. Lists showing the tariffs and prices of services must also be prepared and hung in accordance with the provisions of this article.

(2) In case of a difference between the price stated on the 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 the goods or services subject to discounted sales and the price before the discount are shown on the tariff and price lists and labels. The burden of proof that the goods or services subject to discounted sales are offered for sale at a price lower than the price before the discount belongs to the seller or provider.

(4) The Ministry, municipalities and relevant chambers are responsible for carrying out the work related to the 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, if necessary, with a label containing international symbols and signs.

(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 a person or the environment in accordance with the relevant technical regulation, 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 safe use of the goods.

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

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

Warranty Certificate

ARTICLE 56 - (1) Manufacturers and importers must issue a warranty certificate, the content of which is determined by regulation, for goods produced or imported for the consumer. The seller is responsible for completing this certificate and giving it 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 characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.

(3) If the consumer has used the right to repair, which is one of the optional rights specified in Article 11 of this Law, in cases where the product malfunctions again within the warranty period or the maximum time required for repair is exceeded or it is understood that repair is not possible, the consumer may use the other optional rights specified in Article 11. The seller cannot reject the consumer's request. If this request is not fulfilled, the seller, the manufacturer and the 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 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, provided that the legal rights of the consumer are reserved.

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

(3) The person making the commitment is bound by the statements in the relevant advertisements and announcements as well as the commitment. This commitment must include the legal rights of the consumer reserved, the conditions for benefiting from the guarantee, its duration, the name of the guarantor 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 is binding on the party 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 to their hardware, software or physical features.

(2) It is mandatory to provide a minimum one-year warranty for refurbished products from the date of delivery to the consumer. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.

(3) Goods specified in the Regulation can only be sold as renewed products on condition that they are renewed 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 regarding whether goods with electronic identification information have been 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 lifetime 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 information regarding all authorized service stations in the system established by the Ministry. [8]

(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 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 service they provide. (Additional sentence: 24/3/2022-7392/10 art.) These service stations are required to use the phrase "special service" in a way that is easily visible and readable in all media and activities.

(6) In the event of the importer ceasing its commercial activities in any way, the seller, manufacturer and new importer are jointly responsible for providing maintenance and repair services during the warranty period. After the warranty period has expired, the manufacturer or new importer must provide maintenance and repair services for the duration of its service life.

(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 must be provided, the minimum number of authorized service stations to be established, the maximum repair periods, the responsibilities of the 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 on the subject of raising consumer awareness, after taking the opinion of the Ministry.

(2) Radio and television organizations broadcasting throughout the country are required to broadcast between 08.00 and 22.00 for at least fifteen minutes per month in order to raise consumer awareness. The date, time, duration and content of the broadcasts are reported to the Radio and Television Supreme Council regularly every month in a list. Broadcasts made outside these hours are not included in the monthly fifteen-minute period. These periods are inspected 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 use their legal rights.

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

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

PART SIX

Commercial Advertising and Unfair Commercial Practices

Commercial Advertisement

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

(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 their lack of experience and knowledge, endanger life and property, encourage acts of violence and crime, harm public health, or exploit the sick, elderly, children and disabled.

(4) The inclusion of names, brands, logos or other distinctive forms or expressions related to goods or services, as well as trade names or business names, in articles, news, publications and programs, without clearly stating that it is an advertisement, and presenting it in a promotional manner is considered covert advertising. Covert advertising is prohibited in all forms of communication, whether vocal, written or visual.

(5) Comparative advertising of competing goods or services that meet the same needs or serve the same purpose may be made.

(6) Advertisers are responsible for proving the accuracy of the claims made in their commercial advertisements.

(7) Advertisers, advertising agencies and media organisations are obliged to comply with the provisions of this article.

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

Unfair trade practices

ARTICLE 62 - (1) A commercial practice is considered unfair if it does not 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 addresses. In particular, practices that are deceptive or offensive and practices included in the annex of the regulation are considered unfair commercial practices. Unfair commercial practices towards consumers are prohibited.

(2) If it is claimed that the commercial practice is unfair, the person engaging in the commercial practice has the burden of proving that this practice is not an unfair commercial practice.

(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 monitoring of unfair commercial practices, as well as practices that will be considered unfair commercial practices in any case, are determined by regulation.

Advertisement Board

ARTICLE 63 - (1) An Advertisement Board shall be established to determine the principles to be followed in commercial advertisements and to make arrangements to protect the consumer against unfair commercial practices, to conduct examinations and, if necessary, inspections within the framework of these issues, to suspend or correct by the same method or to impose administrative fines or, if deemed necessary, to impose a preventive suspension of up to three months depending on the results of the examination and inspection. The Board may delegate the authority to issue a preventive suspension decision to the Chairman of the Advertisement Board. The decisions of the Board shall be implemented by the Ministry.

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

a) A member to be appointed by the Ministry from among the relevant Deputy Director Generals,
b) A member to be appointed by the Ministry of Justice from among judges or prosecutors working in administrative positions in this Ministry,
c) A member to be appointed by the Ministry of Food, Agriculture and Livestock,

c) A member to be appointed by the Ministry of Health,

d) A member to be appointed by the Ministry of Culture and Tourism,
e) A member to be appointed by the Radio and Television Supreme Council,
f) One member from the Turkish Standards Institution,
g) One member to be elected from among the metropolitan municipalities of Ankara, Istanbul and Izmir,

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,

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,

i) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,

i) One member to be elected by the Consumer Council from among the representatives of consumer organisations participating in the Council,
j) A member elected by the advertisers' associations or their parent organizations, if any,
k) A member elected by the advertisers' associations or their parent organizations, if any,
l) A pharmacist member to be appointed by the Turkish Pharmacists Association,
m) A dentist member to be appointed by the Turkish Dental Association,
n) A physician member to be appointed by the Central Council of the Turkish Medical Association,
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 the Board members is three years. Those whose terms have expired may be reassigned or elected. If the memberships become vacant for any reason, the vacant memberships shall be appointed or elected within one month in accordance with the principles of the second paragraph. The duty of the member whose term has expired shall continue until the 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 decides by the absolute majority of those attending the meeting. (Additional sentence: 24/3/2022-7392/11 art.) In cases where the President cannot attend the meeting, the relevant deputy general manager of the Ministry shall preside over the Board. In the event of a tie in votes, the side voted by the President shall constitute the majority.

(6) The Ministry establishes specialised commissions in sectoral areas to assist the Board in making decisions. The commissions consist of at least three and at most five people, including the chairperson.

(7) The attendance fee and attendance allowance 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. The Board's secretarial services are carried out 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) The Board's 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 determine consumer problems and needs and to investigate the necessary measures 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 regulation.

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 establishment and implementation of advertising policies, to conduct research and studies aimed at the development of the advertising sector and advertising control function, to express 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 on 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 the 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 boards in order to find solutions to disputes that may arise from consumer transactions and consumer-oriented practices. The scope of authority and division of labor of consumer arbitration boards are determined by the Ministry.

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

a) A member to be appointed by the mayor from among the municipal staff who are experts on the subject,
b) A member to be appointed by the Bar from among its members,
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.

c) One member to be elected from among the consumer organisations,

It consists of five members, including the chairman. Alternates of the chairman and members who have the qualifications specified in this paragraph are also determined separately. (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 the bar associations. The procedures and principles regarding the appointment are indicated in the regulation prepared by the Union of Turkish Bar Associations.

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

Reporter

ARTICLE 67 - (1) Rapporteurs can be employed in consumer arbitration committees established in provincial and district centers. In provinces where the number of rapporteurs is insufficient, a sufficient number of rapporteurs are assigned by the provincial director of trade from among the personnel of the provincial directorate of trade, and in districts, a sufficient number of rapporteurs are assigned by the district governor from among the 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 [9]

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 Liras. Applications to consumer arbitration committees cannot be made for disputes above these values.

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

(3) Applications can 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 can be made to that district governor's office. (Additional sentence: 24/3/2022-7392/13 art.) These applications are forwarded to the authorized consumer arbitration committee determined by the Ministry for the necessary action to be taken by the district governorships.

(4) The monetary limits specified in this article shall be applied as of the beginning of each calendar year, by increasing them according to the revaluation rate determined and announced in accordance with the provisions of Article 298 of the Tax Procedure Law No. 213, dated 4/1/1961. Fractions of one thousand Turkish Liras shall not be taken into account in the calculation of these increases. [10]

(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 any information and documents regarding the dispute from the parties and relevant institutions or organizations.

Decision and appeal against 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.) The documents to be served by the consumer arbitration committee shall be served electronically to the parties or their representatives in accordance with the provisions of Article 107/A of Law No. 213. In this context, in cases where notification cannot be made electronically, the provisions of the Notification Law No. 7201 dated 11/2/1959 shall apply. The decisions of the consumer arbitration committee shall be executed in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the execution of judgments.

(3) The parties may object to the decisions of the consumer arbitration committee within fifteen days from the date of notification to the consumer court where the consumer arbitration committee or the consumer's place of residence is located. The objection does not stop the execution of the consumer arbitration committee's decision. However, if requested, the judge may stop the execution of the consumer arbitration committee's decision by way of a precautionary measure. [11] [12]

(4) If the objected decision is in accordance with the law in terms of its merits, but the objection must be accepted because there was an error in the application of the law to the case, or if the issue that does not comply with the law does not require a retrial, the consumer court may decide to approve the decision by changing or correcting it on the document. This provision also applies to errors regarding the parties' identities, trade names, and errors in writing, calculations or other clear statements. If the decision is in accordance with the procedure and the law, but the justification provided is not found to be correct, it is approved by changing 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 the objection cases filed against the decisions of the consumer arbitration committees in favor of the consumer, in case the decision is annulled, the attorney's fee shall be awarded against the consumer based on the proportional tariff according to the minimum attorney's fee tariff. (Additional sentence: 24/3/2022-7392/14 art.) However, in case 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 despite being available, no court expenses and attorney's fees shall be awarded against the consumer.

(7) In decisions made by the consumer arbitration committee against the consumer regarding the dispute, the notification and expert fees are covered by the Ministry. If the dispute is concluded in favor of the consumer, the notification and expert fees are collected from the other party in accordance with the provisions of the Law No. 6183 on the Procedure for Collection of Public Receivables dated 21/7/1953 and recorded as revenue in the budget.

Peace of mind 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 positive opinion 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 expert witnesses 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 practices targeting consumers.

(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 cases filed by consumer organizations, the expert fee and, if the case is concluded against the plaintiff, the attorney fee awarded shall be covered by the Ministry. If the case is concluded against the defendant, the expert fee shall be collected from the defendant in accordance with the provisions of the Law on the Procedure for Collection of Public Receivables and recorded as revenue in the budget.

(4) Cases to be heard in consumer courts are conducted 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 domiciled.

(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 contrary to this Law and that concerns consumers in general, 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 decisions given. If the request is accepted by the court, this decision shall be immediately published in at least three newspapers published nationwide, with the costs to be collected from the defendant.

(8) Final decisions made by consumer courts are transmitted to the Ministry via the National Judiciary Network Information System. Decisions made as a result of objections made against decisions of consumer arbitration committees are sent to the relevant consumer arbitration committee by the court that made 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 condition of action to apply to a mediator before filing a lawsuit. However, the provisions regarding mediation do not apply as a condition of action in the following matters:

a) Disputes within the scope of duty of the consumer arbitration committee
b) Objections to consumer arbitration board decisions
c) Cases specified in the sixth paragraph of Article 73.

c) Cases specified in Article 74

d) Disputes that are of a consumer nature 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 activity, if the parties do not attend and the meeting cannot be held, or if the parties reach an agreement or fail to reach an agreement, the mediation fee that the consumer must pay is covered by the budget of the Ministry of Justice. However, in the specified cases, the mediation fee cannot exceed the two-hour fee according to the First Part of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff.

(4) If the lawsuit filed as a result 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 collecting the 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 the serial product offered for sale is defective, the court may decide to temporarily suspend the sale of the product or to rectify the defect, depending on the nature of the defect. The manufacturer or importer is obliged to eliminate the defect of the product within three months at the latest from the date of notification of the court decision. If it is impossible to eliminate the defect of the product, the product is collected or collected by the manufacturer or importer. The collected products are partially or completely destroyed or have them destroyed, depending on the risks they carry. The consumer's rights to sue and seek compensation for the destroyed product 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, the Ministry inspectors, customs and trade inspectors and the 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 accurately to authorized and authorized persons or organizations 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 that is supplied or made available as a result of commercial activities or through other means.

(2) Second-hand products that are antiques or need to be repaired or improved 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 provided to consumers must not harm life and property safety 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.

Penal provisions [13] [14]

ARTICLE 77 - (1) An administrative fine of two hundred Turkish Lira shall be imposed for each transaction or contract in which a violation is detected, on those who act contrary to the obligations specified in Articles 4, 6, 7, 18, 19, 20, 21, 26, 30, 35, 49, 51, 52, 54 and 57 of this Law and the second, third, fourth, sixth and seventh paragraphs of Article 48, and on those who do not deliver or install the goods on time in accordance with the third paragraph of Article 8.

(2) In case the 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 will be applied for each contract in which the violation is detected.

(3) An administrative fine of one thousand Turkish Lira 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, 46 of this Law and in the first, second and fourth paragraphs of Article 31, the second paragraph of Article 40, and the third, fourth, fifth and seventh paragraphs of Article 47, for each transaction or contract in which the breach is detected.

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

a) An administrative fine of three thousand five hundred Turkish Lira shall be imposed on sellers or providers who act in breach 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 breach is detected, not to exceed five million Turkish Lira per project in a calendar year as of the date on which the breach is detected.
b) Article 50;

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

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

shall be sentenced to imprisonment from three to six years. In cases where the crimes listed in this clause are committed within the scope of the activities of a legal entity, specific security measures shall also be 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; and 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 act contrary to the obligations specified in the third paragraph of Article 31 and Article 42 of this Law shall be given a period of one month to remedy this violation. If the violation is not remedied at the end of this period, an administrative fine of five million Turkish Lira shall be imposed on card issuing institutions that act contrary to the third paragraph of Article 31, and an administrative fine of five hundred thousand Turkish Lira shall be imposed on those who act contrary to Article 42.

(9) An administrative fine of five thousand Turkish Lira shall be imposed on periodical publishing organizations that act contrary to the obligations specified in Article 53 of this Law; if the violation is committed with a periodical publication distributed nationwide, an administrative fine of one hundred thousand Turkish Lira shall be imposed. The periodical publishing organization shall also suspend the campaign and all advertisements and announcements related to the campaign. In the event of continued violation, an administrative fine of ten thousand Turkish Lira shall be imposed for each issue/day from the date on which the obligation to suspend the advertisement and announcement arises.

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

a) An administrative fine of five hundred thousand Turkish Lira shall be imposed on those who act contrary to Article 57/A, in case of carrying out renewal activities without a certificate for goods requiring a renewal authorization certificate; and an administrative fine of five hundred Turkish Lira shall be imposed for each transaction in relation to any irregularities or deficiencies detected in the sale of renewed products.
b) Regarding producers and importers who act contrary to Article 58;

1) Three hundred and fifteen thousand Turkish Liras in case of failure to obtain the after-sales service qualification certificate,

2) Five thousand Turkish Liras in case of failure to register in the system created by the Ministry or failure to update the registration,

3) In cases where the minimum number of service stations cannot be provided after the after-sales service qualification certificate is obtained, thirty-five thousand Turkish Liras for each missing service station,

4) Five thousand Turkish Liras for each service station for any deficiencies or irregularities detected at the service stations,

administrative fines are applied.

c) An administrative fine of five thousand Turkish Lira shall be imposed on those who act contrary to the provisions of the fifth paragraph of Article 58.

(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 act contrary to the obligations specified in Article 61 of this Law are subject to suspension or correction by the same method or administrative fines and, in cases deemed necessary, preventive suspension of up to three months. The Advertising Board may impose these penalties together or separately, depending on the nature of the violation. Violation; [15]

a) If it is realized through a local television channel, ten thousand Turkish Liras,
b) Two hundred thousand Turkish Liras if it is realized through a television channel broadcasting throughout the country,
c) If it is done through periodicals, half of the penalties specified in clauses (a) and (b),

c) Five thousand Turkish Liras if it is realized locally or via a radio channel broadcasting via satellite,

d) Fifty thousand Turkish Liras if it is realized through a radio channel broadcasting throughout the country,
e) Fifty thousand Turkish Lira if it is realized via a television channel broadcasting via satellite or via the internet,
f) Twenty-five thousand Turkish Lira if the transaction is made via SMS,
g) Five thousand Turkish Liras if realized through other channels,

administrative fines are imposed. The Advertising Board may apply up to ten times the administrative fines specified above if the violation subject to the administrative action is repeated within one year. (Additional sentences: 24/3/2022-7392/15 art.) In the event that the violation is committed on the internet together with these penalties, the Advertising Board may decide to block access to the publication, section, section (in the form of URL etc.) where the violation occurred. However, in cases where access to the content related to the violation cannot be blocked technically or the violation cannot be prevented by blocking access to the relevant content, a decision may be made to block access to the entire website. This decision is sent to the Access Providers Association for implementation in accordance with Article 6/A of the Law No. 5651 dated 4/5/2007 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through Such Publications. An application may be made to the criminal court of peace against this decision. An objection may be made against the decision given by the Criminal Court of Peace in accordance with the provisions of the Criminal Procedure Code No. 5271 dated 4/12/2004.

(13) Those who act contrary to the obligations specified in Article 62 of this Law may be subject to a preventive suspension of the unfair commercial practice for up to three months or an administrative fine of five thousand Turkish Lira. The Board may impose these penalties together or separately, depending on the nature of the violation. The administrative fine is applied as fifty thousand Turkish Lira if the violation has occurred nationwide. If it is determined that the violation was carried out 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 act contrary to the obligations specified in the second paragraph of Article 75 of this Law shall be warned within seven days to provide accurate information and documents or to provide the opportunity for on-site inspection. In case the violation continues despite the warning, an administrative fine of not less than eighty thousand Turkish Lira shall be imposed at the rate of one percent of the annual gross income formed at the end of the fiscal year before the detection of the violation. (Additional sentences: 24/3/2022-7392/15 art.) In case the gross income of the previous fiscal year is not formed, the most recent gross income formed shall be taken into account. In cases where the gross income is not reported or is reported incorrectly, an administrative fine of three million Turkish Lira shall be imposed. In timeshare sales, if the violation continues despite the warning, an administrative fine of three million Turkish Lira shall be imposed. In case the violation is repeated within one year, the administrative fine shall be applied in double amount.

(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 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 circulars, other than those stated above, will be subject to administrative fines ranging from one thousand Turkish Lira to fifty thousand Turkish Lira.

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

a) The annual gross income of the real or legal person subject to the penalty cannot exceed five percent of the gross income of the previous fiscal year before the detection of the violation. If the gross income of the previous year is not generated, the gross income as of the date of detection shall be taken into account. In cases where the gross income is not reported or is reported incorrectly, the provision of this paragraph shall not apply.
b) For banks, financial institutions that provide consumer loans and card issuing institutions, the equity capital published in the latest financial statements disclosed to the public cannot exceed five per thousand.

(20) The imposition of administrative sanctions pursuant to this Law shall not prevent the actions to be taken pursuant to other laws. The Ministry is authorized to resolve any hesitations that may arise in 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 irregularities are due to failure to sufficiently understand the provisions of the law or to misinterpretation of 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) A request for conciliation may be made within the scope of this article for administrative fines imposed by the Ministry and administrative fines imposed by the governorships, with the exception of administrative fines imposed by the Advertisement Board.

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

(4) Requests for conciliation made within the scope of 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 subject to the penalty cannot file a lawsuit or complain to any authority regarding the issues agreed upon and recorded in the minutes.

(5) In case of conciliation, the discount rate to be applied to the administrative fine cannot exceed fifty percent. In accordance with this article, no additional advance payment discount can be used in accordance with Article 17 of the Law on Violations No. 5326 dated 30/3/2005 regarding the administrative fines for which conciliation is requested. If conciliation is achieved, the conciliation report shall be notified at the time of conciliation and shall be paid within fifteen days from the notification.

(6) The attendance allowance and attendance fee to be paid to the chairmen 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 committees and the procedures and principles regarding the applications to be made within the scope of this article are regulated by the regulation.

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 given by the Advertisement Board, while the administrative sanction decisions stipulated in other paragraphs are given by the Ministry. The Ministry may delegate this authority to the provincial trade directorates in the provinces.

(2) An administrative court may be resorted to against administrative sanction decisions made in accordance with the provisions of the Administrative Procedure Law No. 2577 dated 6/1/1982. However, a lawsuit must be filed in the administrative court within thirty days from the day following the notification of the transaction. The filing of an annulment lawsuit in the administrative court does not stop the execution 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) It is prohibited to produce, market, import and export products that, although they are not food products, appear different than they are due to their shape, smell, colour, appearance, packaging, label, volume or size and therefore endanger the health and safety of consumers, especially children, by being confused with food products. Products that are not food products but are produced as traditional handicraft products and do not harm health are exempt from this provision, provided that they have a warning sign and writing on them.

(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) The provisions of the Law on the Preparation and Implementation of Technical Legislation on Products shall apply regarding the measures to be taken in case the unsafety of these products placed on the market is detected 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 earning expectations 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 in the system find the same conditions, and makes the achievement of the asset gain dependent, in whole or in part, on the other participants also complying with the conditions.

(2) It is prohibited to establish, spread or recommend a pyramid selling system.

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

Testing, inspection and analysis

ARTICLE 81 - (1) The Ministry may use laboratories of official or private institutions for the implementation of this Law. Test and inspection fees are covered by the Ministry's budget.

(2) If the test and inspection results are found to be contrary to the relevant administrative and technical regulations, all related expenses are 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 are recorded as income in the budget.

Allowance

ARTICLE 82 - (1) Expenses related to the activities of the Advertisement Board, Advertisement Council, Consumer Council and consumer arbitration committees, expenses of the Ministry for the purpose of protecting consumers 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 authorities from being applied.

Regulations and other regulatory processes

ARTICLE 84 - (1) The Ministry is authorized to take the necessary measures and make regulations 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 [16]

ARTICLE 85 - (1) The positions included in the attached list have been created and added to the section of the Annex (I) table of the Decree Law No. 190 on General Staff and Procedure 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 made 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 entry into force of this Law shall continue to be heard in the courts where they were filed.

(2) The provisions of the law in which the transactions were made before the date of entry into force of this Law shall apply to consumer transactions, whether they are legally binding or not, and their consequences. However:

a) Provisions of contracts established before the entry into force of this Law and still valid, which are contrary to this Law, shall not be applied as of the date of entry into force.
b) If the limitation periods and limitation periods that started 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 conflict with this Law shall be applied.

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 Court of Cassation as of the date of entry into force of these provisions.

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

(1) The provisions of the law in force in which the transactions were made before the effective date of this article shall apply to consumer transactions, whether they are legally binding and their consequences. However, the provisions of indefinite-term consumer contracts established before the effective date of this article and still valid, which are contrary to this Law, shall not apply as of the effective date of this article.

(2) For 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 with prepayment, for a period of five years from the date of publication of this article.

(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 prior to the publication date of this article, including the provisions on 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) The provisions regarding duties and powers in force on the date on which the applications were made and the lawsuits were filed shall apply to the applications made to the consumer arbitration committees and the lawsuits filed in the courts pursuant to Articles 66, 68 and 73.

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 2023 According to Article 77 of the Law No. 6502 on Consumer Protection, published in the Official Gazette dated 20/12/2023 and numbered 32450, and the amounts of administrative fines regulated in Article 77 of the Law No. 6502 on Consumer Protection will be applied as follows as of 1/1/2024.)

Article 77 of Law No. 6502;			TL
The amount of penalty in the first paragraph			2,172
The amount of penalty in the second paragraph			2,172
The amount of penalty in the third paragraph			10,978
The amount of penalty in the fourth paragraph	Clause (a)		17,662,743
			12,363
The amount of penalty in the fifth paragraph			1,100,122
			247,278
The amount of penalty in the sixth paragraph			2,172
The amount of penalty in the seventh paragraph			1,100,122
Penalty amounts in the eighth paragraph			55,006,905
			5,500,667
Penalty amounts in the ninth paragraph			54,987
			1,100,122
			109,988
Penalty amounts in the tenth paragraph	Clause (a)		1,766,274
			1,765
	Clause (b)	Subparagraph 1	1,112,752
		Subparagraph 2	17,661
		Subparagraph 3	123,638
		Subparagraph 4	17,661
	Clause (c)		17,661
The amount of penalty in the eleventh paragraph			109,988
The amount of penalty in the twelfth paragraph	Clause (a)		109,988
	Clause (b)		2,200,258
	Clause (c)		54,994
			1,100,129
	Clause (c)		54,987
	Clause (d)		550,059
	Clause (e)		550,059
	Clause (f)		275,012
	Clause (g)		54,987
Penalty amounts in the thirteenth paragraph			54,987
			550,059
Penalty amounts in the fourteenth paragraph			3,532,548
			1,100,122
			54,987
Penalty amounts in the fifteenth paragraph			282,603
			10,597,646
The amount of penalty in the sixteenth paragraph			2,172
Lower and upper limits of the penalty amount in the eighteenth paragraph			10,978-408,757
Lower and upper limits of the penalty amount in the nineteenth paragraph			282,603-423,905,853
Within the scope of the Temporary Article 3 added to the Law No. 6502 by Article 17 of the Law No. 7392 published in the Official Gazette dated 01.04.2022 and numbered 31796, in cases where administrative fines should be imposed according to the regulations of the Law No. 6502 before the said amendment, the 77th article of the Law No. 6502 before this amendment;			TL
The amount of penalty in the third paragraph			10,978
Penalty amounts in the fourth paragraph			220,010
			10,978
The amount of penalty in the fifth paragraph			1,100,122
The amount of penalty in the eighth paragraph			5,500,667
The lower limit of the penalty amount in the nineteenth paragraph			275,012

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

Amending Law/Decree Law/ Number of the Notification or Annulment Constitutional Court Decision	Amended or Cancelled Articles of Law No. 6502	Date of Entry into Force
TGM-2014/1	77, Appendix Table	1/1/2015
TGM-2014/2	68	1/1/2015
Communiqué on the Increase of Monetary Limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2016
Communiqué on Administrative Fines to be Applied in 2016 According to Article 77 of the Law No. 6502 on Consumer Protection	77, Appendix Table	1/1/2016
Communiqué on the Increase of Monetary Limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2017
Communiqué on Administrative Fines to be Applied in 2017, Pursuant to Article 77 of the Law No. 6502 on Consumer Protection	77, Appendix Table	1/1/2017
Communiqué on the Increase of Monetary Limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2018
Communiqué on Administrative Fines to be Applied in 2018 According to Article 77 of the Law No. 6502 on Consumer Protection	77, Appendix Table	1/1/2018
Communiqué on the Increase of Monetary Limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2020
Communiqué on Administrative Fines to be Applied in 2018 According to Article 77 of the Law No. 6502 on Consumer Protection	77	1/1/2020
Communiqué on the Increase of Monetary Limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2022
Communiqué on Administrative Fines to be Applied in 2022, Pursuant to Article 77 of the Consumer Protection Law No. 6502	77	1/1/2022
Communiqué on the Increase of Monetary Limits in Article 68 of the Consumer Protection Law No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2023
Communiqué on Administrative Fines to be Applied in 2023, Pursuant to Article 77 of the Law No. 6502 on Consumer Protection	77	1/1/2023
Communiqué on the Increase of Monetary Limits in Article 68 of the Consumer Protection Law No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees	68	1/1/2024
Communiqué on Administrative Fines to be Applied in 2024 According to Article 77 of the Consumer Protection Law No. 6502	77	1/1/2024

Number of the Amending Law/Decree Law/Notification or Annulment Constitutional Court Decision	Amended or Cancelled Articles of Law No. 6502	Date of Entry into Force
6552	70	11/9/2014
Decree Law/684	45	23/1/2017
7061	77/A	5/12/2017
7063	68	20/12/2017
7074	45	8/3/2018
7222	4	25/2/2020
7249	66	15/7/2020
7251	73/A, Temporary Article 2	28/07/2020
7392	50, fourth paragraph of article 77, second and third paragraphs of temporary article 3	1/4/2022
7392	19, 24, 26, 29, 38, 44, 48, 57/A, 58, 63, 66, 68, 70, 77, 78, First and fourth paragraphs of Temporary Article 3	six months after the date of publication (1/10/2022)

[1] With Article 39 of Law No. 7222 dated 20/2/2020, the phrase "Banking Regulation and Supervision Agency" in the second sentence of this paragraph has been changed to "Central Bank of the Republic of Turkey".

[2] With Article 1 of Law No. 7392 dated 24/3/2022, the phrase “at least tenth of the remaining debt” in this paragraph has been changed to “at least tenth of the price included in the contract” and the phrase “of the remaining debt” after the phrase “installment or” has been removed from the text of the article.

[3] With Article 3 of Law No. 7392 dated 24/3/2022, the phrase "in case of change in the rate" in this paragraph has been changed to "in case of increase in the rate".

[4] With Article 8 of the Decree Law No. 684 dated 2/1/2017, the phrase "ninety days" in this paragraph was changed to "one hundred and eighty days", and later this provision was accepted as is with Article 8 of the Law No. 7074 dated 1/2/2018 and became law.

[5] With Article 7 of Law No. 7392 dated 24/3/2022, a paragraph was added to this article after the fifth paragraph, the existing sixth paragraph was consolidated as the seventh paragraph, and the phrase "the consumer and the seller and the provider" in the existing sixth paragraph was changed to "the intermediary service provider who mediates the establishment of a distance contract with the consumer, seller and the provider".

[6] With the 8th article of Law No. 7392 dated 24/3/2022, the phrase “With the exception of contracts granting timeshare rights, withdrawal” in the second sentence of this paragraph has been changed to “Withdrawal”.

[7] With Article 8 of Law No. 7392 dated 24/3/2022, the phrase "prepaid sales" in this paragraph has been removed from the text of the article.

[8] With the 10th article of the Law No. 7392 dated 24/3/2022, the phrase "and to record the information regarding all authorized service stations in the system established by the Ministry" was added to this paragraph after the phrase "to obtain the document".

[9] Regarding the implementation of the monetary limits in this article as of 1/1/2024, please see the Communiqué on the Increase of the Monetary Limits Included in Article 68 of the Law No. 6502 on the Protection of Consumers and Article 6 of the Regulation on Consumer Arbitration Committees, published in the Official Gazette dated 20/12/2023 and numbered 32405.

[10] With Article 13 of Law No. 7392 dated 24/3/2022, the phrase "ten" in this paragraph has been changed to "thousand".

[11] With Article 14 of Law No. 7392 dated 24/3/2022, the phrase "or the place of residence of the consumer" was added after the phrase "within the consumer arbitration committee" in this paragraph.

[12] The phrase “fifteen days” in this paragraph has been changed to “two weeks” with Article 37 of Law No. 7499 to enter into force on 1/6/2024. The regulation in question will be entered into the Legislation Information System on the date it enters into force. To see the regulation in question, please see the Official Gazette dated 12/3/2024 and numbered 32487.

[13] Regarding the application of the monetary limits in this article as of 1/1/2024, please see the Table on the Amounts of Administrative Fines in Article 77 of the Consumer Protection Law No. 6502 at the end of the text.

[14] With Article 15 of Law No. 7392 dated 24/3/2022, the phrases “23rd,” “33rd,” and “48th” in the first paragraph of this article have been removed from the text of the article, the phrase “those who act contrary to the obligations specified in Articles 57” has been changed to “those who act contrary to the obligations specified in Articles 57 and the second, third, fourth, sixth and seventh paragraphs of Article 48 and those who do not deliver or install the goods on time in accordance with the third paragraph of Article 8”, the phrase “23rd” has been added after the phrase “of this Law” in the third paragraph, and the phrase “33rd” has been added after the phrase “29th”, the phrase “and the fourth, fifth, sixth, seventh, ninth and eleventh” in the paragraph has been removed from the text of the article, and the phrase “and In the second paragraphs of Article 50, the phrase “in the second paragraph of the article” is replaced by “in the second paragraph of the article”, and the phrase “Lira” in the paragraph is replaced by “Lira; The following sentence was added to the text of the article: “Seventy thousand Turkish Lira for each house not delivered for those who act contrary to the obligations specified in Article 44”; the phrase “in the third paragraph” in the first sentence of the eighth paragraph was changed to “in the third paragraph and”; the phrase “and in the eighth paragraph of Article 50” in the sentence and the phrase “and in the eighth paragraph of Article 50” in the second sentence were removed from the text of the article; the phrase “or via satellite” was added after the phrase “at local level” in subparagraph (ç) of the twelfth paragraph; the phrase “Internet” in subparagraph (e) was changed to “Television channel broadcasting via satellite or the internet”; the phrase “one million Turkish Lira for those who act contrary to the obligations specified in the fifth paragraph of Article 48” was added after the phrase “of the Law” in the fourteenth paragraph; The phrase “twenty-five thousand” in the first sentence was changed to “eighty thousand”, the phrase “up to one” was changed to “at a rate of one”, the phrase “second, fourth” was added after the phrase “of this article” in the nineteenth paragraph, and the phrase “administrative fines related to timeshare sales in the province” was added after the phrase “administrative fines”, the phrase “twenty-five thousand” in the paragraph was changed to “eighty thousand”, and the phrase “one hundred million” was changed to “one hundred twenty million”.

[15] The fifth, sixth, seventh, eighth and ninth sentences of this paragraph have been annulled by the Constitutional Court's decision dated 13/9/2023 and numbered E.: 2022/70; K.: 2023/152. It has been stipulated that the decision will enter into force nine months after its publication in the Official Gazette (27/7/2024).

[16] For the positions included in this article, see the Official Gazette dated 28/11/2013 and numbered 28835.

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