Consumer Right
By Law No. 4822 CONSUMER PROTECTION ACT ON DIFFERENT NUMBERED 4077

FIRST PART
Purpose, Scope, Definitions

Aim
Article 1 - The purpose of this Act, the public interest in accordance with the consumer's health and safety and economic interests of preventive, informative, educational, indemnify users, environmental hazards to protect providers take measures to consumers to protect themselves initiatives to encourage and this issue policies in the development of voluntary organizations to encourage the is to regulate matters.

Scope
Article 2 - This Law is the first item in the consumer goods and services markets with the objectives of the one formed by the covers all consumer transactions.

Definitions
Article 3 - the implementation of this Act;

a) Ministry of Industry and Trade Ministry,

b) Minister: Minister of Industry and Commerce,

c) Goods: movable goods which are subject to the shopping, residential and leisure real estate and preparing software for use in electronic media, audio, video and other intangible goods,

d) Service: to provide goods in exchange for a fee or interest in any outside activity,

e) Consumer: a good or service is not for commercial or professional purposes acquire, use or exploit the natural or legal person who,

f) Vendor: Government entities including the commercial or professional activities in the context of natural or legal persons who provide goods to consumers,

g) Provider: Government entities including the commercial or professional activities covered by natural or legal persons who provide services to consumers,

h) Consumer transaction: the seller of goods or services in the consumer market between providers of any legal action,

i) Manufacturer-Producer: public entities including the consumer is presented with the goods or services, or goods or services, raw materials or intermediate goods and producers of goods on their own distinctive mark, trademark, or the title by placing sell those,

j) Importer: Government entities including the goods or services that are offered to consumers or intermediate goods or raw materials for these goods or services sold abroad by bringing the natural or legal person,

k) Credit institutions: Legislation should be authorized to provide cash loans to consumers with banks, private financial institutions and finance companies,

l) The Advertiser: the produced or marketed goods / services introduced to the sales increase or image to create and strengthen the intended, within the firm or the goods / service marks of where the ads yayınlatan, distribution or other means, that exhibits real or legal persons,

m) Advertising: Commercial advertising and announcements prepared in accordance with the advertiser's needs and his publication through advertising on behalf of the natural or legal person business communications specialist,

n) Conduits institutions: commercial advertising, or the declaration of communication channels to reach target audiences, or any vehicle owner, operator or hirer of the natural or legal persons,

o) Technical regulation: a product or service, relevant administrative provisions, as well, including, properties, processing and production methods, related terminology, symbols, packaging, marking, labeling and conformity assessment procedures aspects of the one or more indicating that the Ministry by the Official Gazette published, which introduced mandatory standards must be followed, including all forms of regulation,

p) Consumer organizations: The aim of consumer protection established by the association, foundation or their parent organizations, is the expression.

PART TWO
Consumer Protection and Lighting

Defective goods

Article 4 - packaging, labeling, identification and operating instructions or advertising, and ilânlarında area or by the seller notified or standard or technical regulation in the detection of characteristics or attributes that affect the quantity is contrary to or assigned or intended use in terms of value or the consumer it is waiting for the benefits of reducing or eliminate the financial, legal or economic deficiencies include goods, defective goods are considered.

Consumer, within thirty days from the date of delivery of goods to the seller is obliged to notify the shame. Consumers in this case, the contract price includes return refund, replacement or defects of the goods provided at the rate of mis ayıpsız or price reductions has the right to request a free repair. Retailer of consumer preference is required to satisfy this demand. Elective rights of consumers with defective products that caused the death and / or causing injury and / or use may cause damage to other goods if the manufacturer has the right to demand compensation from the manufacturer.

Manufacturer-a manufacturer, dealer, dealers, agents, importers, and according to the fifth paragraph of Article 10 of the defective goods and consumer credit in this article are jointly responsible for their elective rights. Due to damage caused by defective goods is responsible for more than one person if they are jointly responsible. Of goods sold was defective for not knowing this does not eliminate liability.

That the substance of warranty responsible ones, shame against a longer period of responsibility they have not, defective goods from the responsibility, shame, and then came out, even if the goods to consumer delivery date of two years from the prescription are applicable. In this period of five years, residential and leisure real estate. Any damage caused by defective goods will be made for requests are subject to a three-year prescription. These demands, which cause loss of property, starting the day it was released ten years later eliminated. However, the shame of goods sold, gross negligence or fraud of the vendor from consumers is hidden and can not benefit from the statute of limitations.

Liability for damage caused by defective goods provisions, except for defective goods purchased by knowing about the above provisions do not apply.

Will go on sale on defective goods or packaging, the manufacturer or retailer could easily read by consumers as "is disabled" is imperative to put a label containing the word. Only defective goods sold or as a floor or a section of departments consistently selling defective goods, consumers may not know where it has been assigned the label does not need to be made. The matter of the defective goods to the consumer the invoice or sales receipt is displayed on the document.

Unsafe goods, even with the market supply of labels can not be disabled. With this product, Product No. 4703 Relating to the Preparation and Implementation of the Law on Technical Regulations shall apply.

These provisions relating to sale of goods shall be applied in all kinds of consumer transactions.

Defective service

Article 4/A- Providers reported by the advertising and ilânlarında or standard or technical rule identified attributes or characteristics that affect the quantity which is against or benefit purposes in terms of value, or the consumer it is waiting for the benefits that reduce or eliminate the financial, legal or economic deficiencies include services, defective accepted as a service.

Consumers of services performed within thirty days from the date the provider is obliged to notify the shame. Consumers in this case, the contract back from the service or re-occurrence rate of defects has the right to price reduction. The agreement to end consumers, it can not be justified as the case may be, is satisfied with the cost reductions from. Consumers, along with one of the elective rights specified in Article 4 under conditions that may require compensation. Provider, the consumer chooses is required to satisfy this demand.

Providers, distributors, agents and creditors according to the fifth paragraph of Article 10, the defective service and that any damage caused by defective service and consumer contained in this Article is jointly responsible for their elective rights. Not knowing that the services offered are defective does not eliminate liability.

If it is not guaranteed for a longer period, even shame, then emerged from the service due to defective performance of the service will be held from claims is subject to a two-year prescription. Services for all damages caused by defective because the three-year prescription claims are to be made. However, the shame of the service consumer of the provider's gross negligence or fraud is hidden and can not benefit from the timeout period.

Liability for damage caused by defective service provisions, except defected known about the services obtained by the above provisions do not apply.

These provisions relating to providing services in all consumer transactions are performed.

Avoidance of sales

Article 5 - On "samples" or "is not for sale" and the phrase does not have a property, a commercial organization in the window, shelf, or can be clearly seen anywhere in the display case of the sellers of these goods from the sale can not avoid.

In providing services that can not be avoided without good reason.

Unlike the conventions, trade customs, or one or the seller the goods or services sold those goods or services itself determined by the amount of numbers or sizes such conditions or any other goods or services purchased, due to can not make.

Sales of other goods and services contracts to ensure that the provisions will apply.

Unfair terms in contracts

Article 6 - supplier or provider of the consumer to negotiate before unilaterally the contract was put into the parties' contractual rights and obligations in the good faith rule contrary in a way the consumer against the imbalances that caused the contract conditions unfair is essential.

Formed by one of the consumer's unfair terms contained in any contract is not binding for the consumer.

If a particular standard contract terms and agreement has been prepared in advance to take place because consumers unable to influence the content, it is not to negotiate contract terms accepted by the consumer.

Contract as a whole, the evaluation, a standard contract to be concluded is in this contract, the terms of the specific elements or an individual provision negotiated that contract to the rest of this article not hinder the application.

A seller or provider of a standard terms put forward were discussed individually, it loads prove it belongs to him.

6 / A, 6 / B, 6 / C, 7, 9, 9 / A, 10, 10 / A and 11 / A article written in the regulation prescribed consumer contracts for at least twelve point font, and bold black letters are arranged and the contract should include the conditions in the absence of one or more of the deficiencies do not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.

Unfair standard terms in contracts of the ministry to be identified and their provision was removed from the text of the agreement shall determine the procedures and principles.

Hire-purchase

Article 6/A- installment sale, the sale price is paid in installments, and at least two of the goods or services delivered or performed at the time the contract was held is a type of sale.

Hire-purchase agreement must be made in writing. The minimum requirements in the contract should have been shown below:

a) Consumer and vendor or supplier's name, title, address, and if there is open access information

b) the goods or services in advance of the Turkish lira as the selling price, including taxes,

c) the maturity with interest payable according to the total sales price as the Turkish lira,

d) Interest amount, interest rate and calculate the annual interest rate specified in the contract not to exceed more than thirty percent of the overdue interest rate

e) The amount of down payment,

f) Payment plan

g) The legal consequences of the debtor falls into default.

Vendor or provider, to provide such information to include in the contract and the contract concluded between the parties are obligated to provide a copy to the consumer. Separate from the contract as negotiable securities in the organizer nature, these bonds, each installment to be paid separately and are regulated only as registered shares. Otherwise, bills of exchange is void.

Tally in the consumer, the total amount of borrowing is already entitled to payment. Consumers at the same time, a payment shall not be less than the amount of the payment can be found in one or more installments. In both cases, the seller, according to the required amount of interest paid is required to make reductions.

Vendor or provider, payment of one or more of them is not paid the remaining debt of the entire performance to claim the right to reserve if this right, but the seller's or supplier's entire act to perform was the case, and consumers follow each other at least two installment payment defaults fall and unpaid installments of the total sales price of be available in at least one-tenth. However, the seller or provider's right to use this time by giving at least a week should be warned payable.

Contract terms against consumers can not be altered in any way.

Resort condominium

Article 6/B- Circuit holiday contracts, at least three years for the time made and in the meantime, during the year, certain or may be determined and less than one week will not be for a period of one or more of the land use right transfer or transfer of commitments containing a The consumer must be given copies of the written contract or agreement is a group.

Ministry of resort condominium agreements will determine the procedures and principles.

Package tours

Article 6/C- package tour contracts, transport, accommodation and their help are not considered as other tourist services at least two of them together, everything including prices, sold or sales commitments made and service twenty-four hours longer than a period, or overnight accommodation and include a copy of the consumer must be given pre-arranged written contracts.

Ministry of package tour contracts will determine the procedures and principles.

Sales campaign

Article 7 - Offers sales, newspapers, radio, television and the proclamation will be made known to consumers in ways similar to the campaign contributors and the adoption or performance of goods or services to be delivered later by the sale is made.

Sales campaign is done with the permission of the Ministry. What kind of sales would be subject to ministerial consent, advance payment, payment amount, delivery time, manufacturers warranty, will be invested in bond sales that must be complied with the campaign shall determine the procedures and principles.

Announcement and promised goods or services delivered or where performance or no need to pretend that case, the sellers, suppliers, dealers, agents, manufacturers manufacturers, importers and Article 10 of the fifth paragraph according to the creditor jointly responsible.

After the consumer decides to leave the campaign to regulate the campaign, the delivery date of goods or services to consumers shall not be paid until then all of the consumer is obliged to pay the price.

Campaign organizer, campaign-never be organized in a written contract, 6 / A clause in paragraph specified information in addition to the campaign "end date" and "goods or services delivered or fulfilled The date and form of" what the information including the contract and a copy of the consumer has to give.

Unless otherwise agreed in the contract, pre-payment amount, forty per cent of the sales price of goods or services can not exceed.

Sales campaigns in the time of delivery or performance of services shall not exceed twelve months. Immovable property for residential and leisure time is thirty months.

Fulfilling all the acts relating to payment of the consumer in case of delivery of goods or performance of services, the latest following the completion of the payment must be made within a month.

Campaign with a tally of 6 / A applies the provisions of article.


Door sales

Article 8 - door sales, establishments, exhibitions, fairs selling such sales are made outside the venue.

The Ministry have enough qualifications among door sales, which are not subject to this Act through the door and door sales from sales to determine the principles and procedures relating to the application.

In such sales, consumer, within seven days from the date of receipt of goods or to accept without justification and is free to refuse without any obligation. If the sale of services, this period begins from the date of signing the contract. This period before the seller or provider of goods or services subject to sales transactions from the door money from the consumer or the payment of any debt under the name underneath not want to give any documents. Vendor, to discourage access to their own statement within twenty days from the time the goods are obliged to take back.

Consumer goods, the usual changes that occur due to use and is not responsible for their degradation.

With financing from the sale of the gates in 6 / A substance, from door sales campaign in the provisions of Article 7 shall also apply.

Door and the provider's obligation to the seller in sales

Article 9 - door sales contracts, the contract should include the other factors in addition to the goods or services, the quality and quantity related to the descriptive information, breach notifications to be made clear from at least sixteen-point bold black letters, written with the following phrase must be placed by:

Consumer any civil and criminal liability without, and no justification without taking delivery, or when the contract was signed, the date within seven days of goods or services by rejecting the contract, breach of the right to exist and the withdrawal notice vendor / provider to reach from the date of the property to recover undertake.

Consumers, including the rights of a written contract with handwritten signatures and the date of their author. Vendor or provider, to provide such information to include in the contract and the contract concluded between the parties are obligated to provide a copy to the consumer.

This article is organized according to the provisions of a contract and prove to the seller of goods has been delivered to the consumer or provider belongs to. Otherwise, the consumer's right to withdrawal is not connected with the seven-day period.

Distance contracts

Article 9/A- distant contracts, written, visual, telephone and electronic media or other communication tools used, and with consumers facing not known configuration, and the goods or services to consumers immediate or subsequent delivery or performance of agreed contracts.

Distance sales contract before the contract, details of notification to be issued will be determined by the Ministry of Information must be given to the consumer. Consumers, that this information is entered into the contract unless confirmed in writing. Contracts electronically confirm the transaction, however, is done in electronic media.

Vendors and providers, the consumer's order reached him within thirty days from the time of the act are met. This time, the consumer be provided prior written notice may be extended up to ten days.

Vendor or provider to the consumer electronic goods supplied or offered non-financial services is required to prove delivery was made in the ayıpsız.

Withdrawal rights during the contract subject to the goods or services for consumers, any name below to make payments or debt into any document to give the wanted provisions outside door sales provisions relating to distance contracts applies.

Vendor or provider withdrawal notice itself has reached a date within ten days have taken the cost, securities and consumer this legal action because of debts into any document to return and twenty days after the goods back are required to take.

Installment credit

Anket

Siteye anket eklensin mi?

E-Bülten Üyeliği


 
Sepetinizde ürün bulunmamaktadır