Law on Consumer Protection No. 4077
SECTION ONE
Purpose, Scope, Definitions Purpose
Article 1 - The purpose of this Law is to take measures to protect consumers' health, safety, economic interests, and to prevent environmental hazards in a manner that is in the public interest. It aims to provide informative, educational, compensatory, and preventive measures, as well as to encourage consumer initiatives for self-protection and promote voluntary organizations in the formulation of policies in this regard.
Scope
Article 2 - This Law covers all consumer transactions in the goods and services markets where the consumer constitutes one of the parties, in accordance with the purposes specified in Article 1.
Definitions
Article 3 - In the implementation of this Law:
a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods subject to trade, immovable goods for residential and vacation purposes, and intangible goods such as software, sound, image, and similar products prepared for use in electronic media,
d) Service: Any activity performed for a fee or benefit other than the provision of goods,
e) Consumer: Natural or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes,
f) Seller: Natural or legal person who offers goods to consumers within the scope of commercial or professional activities, including public legal entities,
g) Supplier: Natural or legal person who offers services to consumers within the scope of commercial or professional activities, including public legal entities,
h) Consumer transaction: Any legal transaction made between the consumer and the seller/supplier in the goods or services markets,
i) Manufacturer-Producer: Natural or legal persons, including public legal entities, who produce or offer for sale the goods or services offered to consumers, or who produce the raw materials or intermediate goods of these goods or services and put their distinctive mark, trademark, or trade name on the goods,
j) Importer: Natural or legal person who brings goods or services offered to consumers, or the raw materials or intermediate goods of these goods or services, from abroad and puts them on sale,
k) Lender: Banks, private financial institutions, and financing companies authorized to provide cash loans to consumers in accordance with the legislation,
l) Advertiser: Natural or legal person who commissions the promotion of their manufactured or marketed goods/services, publishes, distributes, or exhibits advertisements containing their company or product/service brand,
m) Advertising Agency: Commercial communication expert, natural or legal person, who prepares commercial advertisements and announcements according to the needs of the advertiser and acts as an intermediary for their publication,
n) Media organization: Natural or legal person who owns, operates, or leases communication channels or any other means that reach the target audience for commercial advertisements or announcements,
o) Technical regulation: Any mandatory regulation, including the relevant administrative provisions, published in the Official Gazette by the Ministry, specifying the characteristics, processing and production methods, terminology, symbols, packaging, labeling, marking, and conformity assessment processes, including standards that must be complied with for a product or service,
p) Consumer organizations: Associations, foundations, or their umbrella organizations established for the purpose of consumer protection.
SECTION TWO
Consumer Protection and Information
Defective Goods
Article 4 - Goods that contain material, legal, or economic deficiencies that deviate from the qualities indicated in their packaging, labels, promotional materials, user manuals, advertisements, or notified by the seller, or specified in their standards or technical regulations, or reduce or eliminate their value or the benefits expected by the consumer in terms of allocation or use, are considered defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to exercise options including contract termination with a refund, replacement of the defective goods with a non-defective equivalent, or a proportional price reduction, or free repair. The seller is obligated to fulfill the consumer's preferred choice. The consumer also has the right to claim compensation from the manufacturer in cases where the defective goods cause death, injury, or damage to other goods used with them.
The manufacturer, seller, dealer, agent, importer, and the creditor as specified in the fifth paragraph of Article 10 shall be jointly and severally liable for defective goods and the consumer's optional rights mentioned in this article. If multiple parties are responsible for the damage caused by the defective goods, they shall be jointly and severally liable. The lack of knowledge of the defect in the sold goods does not exempt them from this responsibility.
Unless those responsible for the defect have assumed liability for a longer period, the liability for defective goods, even if the defect becomes apparent later, is subject to a two-year limitation period from the date of delivery of the goods to the consumer. This period is five years for immovable properties intended for housing or vacation purposes. Claims for any damages caused by the defective goods are subject to a three-year limitation period. However, if the defect of the sold goods has been concealed by the seller's gross negligence or fraud, the limitation period cannot be invoked.
Except for the provisions regarding liability for damages caused by defective goods, the above-mentioned regulations do not apply to goods knowingly purchased as defective.
It is mandatory to affix a label on the defective goods or their packaging, provided by the manufacturer or seller, containing the phrase "defective" in a way that the consumer can easily read. However, in places where only defective goods are sold or in designated areas such as a floor or section, there is no obligation to use this label as long as it is known to the consumer. The fact that the goods are defective shall be indicated on the invoice, receipt, or sales document provided to the consumer.
Unsafe goods cannot be offered for sale even with the label "defective". The provisions of the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 shall apply to these products.
These provisions apply to all types of consumer transactions related to the sale of goods.
Defective Services
Article 4/A - Services that contain material, legal, or economic deficiencies that deviate from the qualities indicated in the advertisements or announcements or specified in their standards or technical rules, or reduce or eliminate their value or the benefits expected by the consumer in terms of use, are considered defective services.
The consumer is obliged to notify the provider of the defect within thirty days from the date of performance of the service. In this case, the consumer has the right to exercise options including contract termination, re-performance of the service, or a proportional price reduction. If termination of the contract is not considered justified, a price reduction shall be applied. The consumer may also claim compensation within the framework of the conditions specified in Article 4, along with one of these optional rights. The provider is obligated to fulfill the consumer's chosen request.
The provider, dealer, agent, and the creditor as specified in the fifth paragraph of Article 10 shall be jointly and severally liable for defective services, damages caused by defective services, and the consumer's optional rights mentioned in this article. The lack of knowledge of the defect in the service does not exempt them from this responsibility.
If a longer warranty period is not provided, claims arising from the defective service are subject to a two-year limitation period from the performance of the service, even if the defect becomes apparent later. Claims for any damages caused by the defective service are subject to a three-year limitation period. However, if the defect of the service has been concealed by the provider's gross negligence or fraud, the limitation period cannot be invoked.
Except for the provisions regarding liability for damages caused by defective services, the above-mentioned regulations do not apply to services knowingly acquired as defective.
These provisions apply to all types of consumer transactions related to the provision of services.
Avoidance of Sale
Article 5 - If a commercial establishment displays, on its shop window, shelf, or any clearly visible place, goods without the labels "sample" or "not for sale," the seller cannot avoid the sale of these goods.
In the provision of services, the service provider cannot avoid performance without just cause.
Unless there is a contrary custom or commercial practice, the seller cannot make the sale of a particular good or service conditional on the purchase of a certain quantity, number, size, or another good or service determined by the good or service itself.
This provision also applies to other sales of goods and provision of services contracts.
Unfair Contract Terms
Article 6 - Contract terms imposed by the seller or service provider unilaterally, without negotiation with the consumer, that cause an imbalance to the detriment of the consumer and are contrary to the principle of good faith, are unfair contract terms.
Unfair contract terms included in any contract established by the consumer are not binding on the consumer.
If a contract term has been prepared in advance and, due to its inclusion in a standard contract, the consumer cannot influence its content, it is deemed that the contract term was not negotiated with the consumer.
If it is concluded from the overall evaluation of the contract that it is a standard contract, the fact that certain elements or individual provisions of that contract have been negotiated does not prevent the application of this article to the remaining parts of the contract.
If a seller or service provider claims that a standard contract term has been individually negotiated, the burden of proof lies with them.
Consumer contracts that are expressly regulated in Articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A, and 11/A shall be prepared in at least 12-point bold black letters, and the absence of one or more of the conditions that should be included in the contract does not affect the validity of the contract. This deficiency shall be rectified promptly by the seller or service provider.
The Ministry shall determine the procedures and principles for identifying unfair contract terms in standard contracts and ensuring their removal from the contract text.
Sale by Installments
Article 6/A - Sale by installments is a type of sale where the selling price is paid in at least two installments, and the delivery or performance of the goods or services takes place at the time of contract execution.
Sale by installments contracts must be made in writing. The minimum conditions that should be included in the contract are as follows:
a) Names, titles, complete addresses of the consumer, seller, or service provider, and contact information if available,
b) Cash sale price including taxes of the goods or services in Turkish Lira,
c) Total sale price to be paid in Turkish Lira, including interest according to the term,
d) Amount of interest, annual interest rate used for calculation, and default interest rate, not exceeding thirty percent more than the predetermined interest rate,
e) Down payment amount,
f) Payment plan,
g) Legal consequences of the consumer's default.
The seller or service provider is responsible for ensuring that these details are included in the contract and providing the consumer with a copy of the contract. If a valuable document-like instrument is issued separately from the contract, it should be issued separately for each installment payment and only in the form of a negotiable instrument. Otherwise, the negotiable instrument is invalid.
In sale by installments, the consumer has the right to prepay the total amount of debt. The consumer can also make one or more installment payments, provided that the payment amount is not less than one installment. In both cases, the seller is obligated to provide the necessary interest reduction based on the amount paid.
If the seller or service provider reserves the right to demand the full performance of the remaining debt in case of non-payment of one or more installments, this right can only be exercised if the seller or service provider has fulfilled all their obligations, and the consumer has defaulted in the payment of at least two consecutive installments and the unpaid installment amount constitutes at least one-tenth of the selling price. However, for the seller or service provider to exercise this right, they must give a one-week notice for maturity.
The contract terms cannot be changed in any way to the detriment of the consumer.
Timeshare
Article 6/B - Timeshare contracts are written contracts or a group of contracts that are valid for a minimum of three years and involve the transfer or commitment to transfer the right to use one or more immovable properties for a specified or determinable period during the year, which shall not be less than one week, within this period.
The procedures and principles regarding timeshare contracts shall be determined by the Ministry.
Package Tours
Article 6/C - Package tour contracts are pre-arranged written contracts that cover at least two of transportation, accommodation, and other ancillary tourist services, sold at an all-inclusive price or subject to sales commitment, and include services that span more than twenty-four hours or include overnight accommodation, and a copy of which must be given to the consumer.
The procedures and principles regarding package tour contracts shall be determined by the Ministry.
Promotional Sales
Article 7 - Promotional sales are sales conducted by announcing campaigns to consumers through newspapers, radio, television advertisements, and similar means, and the delivery or performance of the goods or services is subsequently carried out.
Promotional sales can only be conducted with the permission of the Ministry. The Ministry determines the types of sales subject to permission, the prepayment amount, installment amount, delivery time, manufacturer's warranty, the deposit to be paid, and the procedures and principles to be followed in promotional sales.
In case the delivery or performance of the advertised goods or services is not carried out at all or not as promised, the seller, service provider, dealer, agent, manufacturer, importer, and the creditor within the scope of the fifth paragraph of Article 10 shall be jointly liable.
After deciding to withdraw from the campaign, the consumer is obliged to reimburse the entire amount paid by the consumer up to that point, provided that the delivery date of the goods or services does not exceed the consumer's payment to that date.
In promotional sales, the entity organizing the campaign must provide the consumer with a copy of the written contract, including information about the "campaign end date" and "date and method of delivery or performance of the goods or services," in addition to the information specified in the second paragraph of Article 6/A.
Unless otherwise agreed in the contract, the advance payment amount cannot exceed forty percent of the selling price of the goods or services.
The delivery period or performance period of goods or services in promotional sales cannot exceed twelve months. For residential and vacation immovable properties, this period is thirty months.
In case the consumer fulfills all obligations related to payment, the delivery of the goods or performance of the services must be completed within one month after the completion of the payment.
The provisions of Article 6/A apply to promotional sales by installments.
Door-to-Door Sales
Article 8 - Door-to-door sales refer to sales conducted outside of business premises, fairs, exhibitions, and similar sales venues.
The Ministry determines the qualifications required for conducting door-to-door sales, as well as the application procedures and principles regarding door-to-door sales that are subject to this Law and those that are not.
In such sales, the consumer is free to accept the goods within seven days from the date of delivery or reject them without providing any reason and without assuming any obligations. In the case of service sales, this period starts from the date of signing the contract. Within this period, the seller or provider cannot demand any payment or issue any document that places the consumer under any financial obligation related to the door-to-door sales transaction. The seller is obliged to refund the payment within twenty days upon receipt of the cancellation notice.
The consumer is not responsible for any changes or deterioration that may occur due to the normal use of the goods.
Article 6/A provisions apply to installment sales conducted through door-to-door sales, and Article 7 provisions apply to promotional door-to-door sales.
Obligations of the Seller and Provider in Door-to-Door Sales
Article 9 - In door-to-door sales contracts, in addition to other necessary elements, the contract must include clear information about the nature and quantity of the goods or services, the address for sending the cancellation notice, and the following statement written in at least sixteen-point bold black letters:
"We acknowledge that the consumer has the right to withdraw from the contract within seven days from the date of delivery or signing the contract, without assuming any legal or criminal liability, without providing any reason, and we undertake to refund the payment after receiving the cancellation notice."
The consumer signs the contract containing their written rights and writes the date in their own handwriting. The seller or provider is obliged to ensure that this information is included in the contract and provide a copy of the contract to the consumer.
The seller or provider is responsible for proving that the contract has been prepared in accordance with these provisions and that the goods have been delivered to the consumer. Otherwise, the consumer is not bound by the seven-day withdrawal period.
Distance Contracts
Article 9/A - Distance contracts are contracts concluded using written, visual, telephone, electronic means, or other communication tools without the physical presence of the parties, and involve the immediate or future delivery or performance of goods or services to the consumer.
Before the conclusion of a distance sales contract, it is mandatory to provide the consumer with the information determined by the Ministry through a regulation to be issued. The contract cannot be concluded unless the consumer confirms in writing that they have received this information. In the case of contracts concluded electronically, the confirmation process is also carried out electronically.
The seller or provider fulfills their obligations within thirty days from the moment the consumer's order is received. This period can be extended for a maximum of ten days, provided that it is notified to the consumer in writing in advance.
The seller or provider is responsible for proving that the delivery of intangible goods or the provision of services in electronic form has been made without any defects.
Except for the provisions regarding the prohibition of demanding payment or issuing any document that places the consumer under financial obligations during the withdrawal period, the provisions related to door-to-door sales also apply to distance contracts.
The seller or provider is obliged to refund the amount received, any negotiable instruments, and any document that places the consumer under any legal obligations within ten days from the date of receipt of the cancellation notice, and to take back the goods within twenty days.
Consumer Credit
Article 10 - Consumer credit refers to the credit obtained by consumers in cash for the purpose of acquiring goods or services. Consumer credit agreements must be made in writing, and a copy of this agreement must be given to the consumer. The credit terms stipulated in the agreement cannot be changed to the detriment of the consumer during the term of the contract.
The agreement must include the following:
a) Consumer credit amount, b) Total debt amount, including interest and other elements, c) Annual interest rate, d) Payment dates and payment plan indicating separate amounts for principal, interest, fees, and other expenses, e) Required guarantees, f) Late payment interest rate, not exceeding thirty percent of the contractual interest rate, g) Legal consequences of the debtor's default, h) Conditions for early repayment of the credit, i) In case the credit is granted in a foreign currency, the conditions for calculating installments and the total credit amount based on which date's exchange rate should be taken into account.
If the lender reserves the right to demand full payment of the remaining debt in the event of non-payment of one or more installments, this right can only be exercised if the lender has fulfilled all their obligations and the consumer has defaulted on payment of at least two consecutive installments. However, the lender must provide a notice of at least one week before exercising this right. In cases where personal guarantees are provided as collateral for consumer credit, the lender cannot demand payment from the guarantor without first applying to the principal debtor.
The consumer has the right to repay the total amount owed to the credit provider in advance, as well as to make one or more early installment payments. In both cases, the credit provider is obliged to make the necessary reductions in interest and commission based on the amount paid. The Ministry determines the procedures and principles regarding the extent of the interest and commission reductions based on the amount paid.
If the credit provider grants consumer credit with the condition of purchasing a specific brand of goods or services or entering into a sales contract with a specific seller or provider, and if the sold goods or services are not delivered or performed at all or on time, the credit provider is jointly and severally liable with the seller or provider towards the consumer.
It is prohibited for the credit provider to link payments to negotiable instruments or to secure the credit by accepting the credit as a negotiable instrument. If, despite this prohibition, a negotiable instrument is obtained from the consumer, the consumer has the right to reclaim that negotiable instrument from the credit provider. In addition, the credit provider is liable to compensate the consumer for any damage suffered as a result of the negotiation of the negotiable instrument.
Credit Cards
Article 10/A - Loans that are converted into cash as a result of purchasing goods or services with a credit card or through cash withdrawals using a credit card are also subject to the provisions of Article 10. However, the second and fourth paragraphs of Article 10 (a), (b), (h), and (i) do not apply to these types of loans.
Periodic account statements sent by the lender are considered payment plans as stipulated in the second paragraph of Article 10 (d). If the minimum payment amount indicated in the periodic account statement is not paid by the due date, the consumer cannot be held liable under any name other than the late payment interest specified in Article 10 (f).
The lender must notify the consumer of any interest rate increase at least thirty days in advance. The increased interest rate cannot be applied retroactively. If the consumer pays off the entire debt and terminates the credit usage within sixty days from the notification date, they will not be affected by the interest rate increase.
In cases where goods or services are purchased with a credit card, the seller or provider cannot demand any additional payment under the name of commission or similar charges.
Periodicals
Article 11 - In cases where periodical publication companies offer an additional product and/or service outside of the periodical publication through tickets, coupons, participation numbers, games, lotteries, or similar methods, only cultural products that are not contrary to the purposes of periodical publishing, such as books, magazines, encyclopedias, posters, flags, magnetic tapes, or optical discs, can be promised and distributed. In the case of such campaigns, the campaign period cannot exceed sixty days. It is not permissible to request the consumer to cover a portion of the price for the campaign-related product or service.
The periodical publication company is obliged to announce the delivery and performance schedule of the campaign-related product or service nationwide in its advertisements and announcements, and fulfill the delivery and performance within thirty days after the end of the campaign.
During the campaign period, the selling price of the periodical publication cannot be increased due to the additional cost of the promised second product or service. The promise and distribution of the campaign-related product or service cannot be divided, and its integral or complementary parts cannot be made a separate campaign. In the implementation of this Law, each transaction related to each promised product or service is considered as an independent campaign.
Campaigns that are not organized by periodical publication companies but directly or indirectly linked to periodical publications are also subject to these provisions.
Subscription Contracts
Article 11/A - Consumers who are party to any subscription contracts can unilaterally terminate their subscriptions by notifying the seller in writing.
The seller is obliged to fulfill the consumer's termination request within seven days from the date of receipt of the written notification.
The termination request for periodical publications takes effect fifteen days after the notification for daily publications, one month for weekly publications, and three months for monthly publications. For longer periodic publications, the termination takes effect after the first publication following the notification.
The seller must refund the remaining portion of the subscription fee without any deductions within fifteen days.
Price Tag
Article 12 - Retail goods, their packaging, or containers must have visible and readable price tags or lists placed in suitable locations containing the price including all taxes, place of manufacture, and distinctive features of the product when it is offered for retail sale. Lists showing the tariffs and prices of services are also prepared and displayed according to the same requirements.
If there is a difference between the indicated price and the cash register price, the sale is made based on the price that is more favorable to the consumer.
It is prohibited to sell goods or services specified by the Council of Ministers, public institutions and organizations, or professional organizations with prices higher than the designated price.
The Ministry regulates the form, content, procedures, and principles of price tags and lists through a regulation. The Ministry and municipalities are separately responsible for the implementation and monitoring of these provisions.
Warranty Certificate
Article 13 - Manufacturers or importers of industrial goods are obliged to issue warranty certificates approved by the Ministry for the industrial goods they import or produce. The responsibility for completing the warranty certificate, which includes the date and number of the invoice related to the goods, and delivering it to the consumer, lies with the seller, dealer, or agent. The warranty period starts from the date of delivery of the goods and is a minimum of two years. However, for certain goods, the warranty terms can be determined by the Ministry in another unit of measurement due to their nature.
The seller is obliged to repair the goods covered by the warranty without charging any fees for labor costs, replacement parts, or any other name during the warranty period.
If the consumer has exercised their right to repair and the goods cannot be used continuously due to frequent malfunctions within the warranty period, or if it is understood that the maximum time required for repair has been exceeded or repair is not possible, the consumer can exercise the other optional rights specified in Article 4. The seller cannot refuse this request. In case the seller fails to fulfill this request, the seller, dealer, agent, manufacturer, and importer are jointly and severally liable.
Malfunctions caused by the consumer's non-compliance with the instructions in the user manual are not covered by the provisions of the second and third paragraphs.
The Ministry determines which industrial goods must be sold with a user manual and label and the minimum elements that must be included in them, taking into account the opinion of the Turkish Standards Institution.
User Manual and Labeling
Article 14 - Industrial goods produced or imported in the country must be sold with a user manual in Turkish, as well as a label containing international symbols and signs when necessary, for promotion, use, maintenance, and simple repairs.
The Ministry determines which industrial goods must be sold with a user manual and label and the minimum elements that must be included in them, taking into account the opinion of the Turkish Standards Institution.
After-Sales Services
Article 15 - Manufacturers or importers are obligated to provide maintenance and repair services for the industrial goods they sell, produce, or import during the determined lifespan of the product, with an adequate number of technical personnel and spare parts stock.
The quantity of spare parts stock to be maintained by manufacturers or importers is determined by the Ministry.
In case the commercial activities of an importer cease for any reason, the new importer of the product is obliged to provide maintenance and repair services during the lifespan of the product.
The Ministry is responsible for determining which goods require the establishment of service stations and for establishing and regulating the procedures and principles of service stations, in consultation with the Turkish Standards Institution.
If an industrial product that must be sold with a warranty certificate malfunctions after the warranty period, it must be repaired within the maximum repair period determined by the Ministry.
Commercial Advertisements and Announcements
Article 16 - Commercial advertisements and announcements must adhere to the laws, principles determined by the Advertising Board, general morality, public order, and respect for personal rights. They must be honest and accurate.
Advertisements that deceive or exploit the consumer's lack of experience or knowledge, endanger the life and property of the consumer, promote violent actions or crime, disrupt public health, exploit patients, elderly individuals, children, or disabled individuals, or engage in covert advertising are prohibited.
Comparative advertisements between rival products or services that fulfill the same needs or have the same purpose can be made.
Advertisers are responsible for substantiating the concrete claims in their advertisements.
Advertisers, advertising agencies, and media organizations are obliged to comply with the provisions of this article.
Advertising Board
Article 17 - An Advertising Board is established to determine the principles to be followed in commercial advertisements and announcements, review commercial advertisements and announcements within the framework of these principles, and take temporary measures such as temporary suspension, suspension, correction, or imposition of fines for advertisements and announcements that violate the provisions of Article 16 for up to three months. The decisions of the Advertising Board are implemented by the Ministry.
In determining the principles to be followed in commercial advertisements and announcements, the Advertising Board takes into account universally accepted definitions and rules in the field of advertising, in addition to the country's conditions.
The Advertising Board, chaired by the relevant Deputy General Director appointed by the Ministry, consists of twenty-five members as follows:
a) One member appointed from among the Deputy General Directors designated by the Ministry, b) One member appointed from among the judges working in administrative positions in the Ministry of Justice, c) One member appointed by the Turkish Radio and Television Corporation as an expert in advertising, d) One member selected by the Higher Education Council from university faculty members specializing in advertising, e) One member appointed by the Central Council of the Turkish Medical Association, f) One member appointed by the Turkish Bar Association, g) Four members appointed by the Turkish Union of Chambers and Commodity Exchanges from different sectors, h) One member selected by all journalists' associations in Turkey, i) One member selected by advertising associations or their umbrella organizations, if any, j) One member selected by the Consumer Council from among the representatives of consumer organizations participating in the Council or appointed by their umbrella organizations, k) One member appointed by the Turkish Union of Chambers of Agriculture, l) One member appointed by the Turkish Confederation of Craftsmen and Artisans, m) One member from the Turkish Standards Institution, n) One member from the Presidency of Religious Affairs, o) One member from the Union of Chambers of Turkish Engineers and Architects, p) One member from the confederations of workers' unions, r) One member from the confederations of civil servant unions, s) One member appointed by the Union of Chambers of Certified Public Accountants, Certified Public Accountants, and Sworn-in Financial Advisors of Turkey, t) One member selected by the Metropolitan Municipalities of Ankara, Istanbul, and Izmir, u) One member from the Turkish Pharmacists' Association, v) One member from the Turkish Dental Association.
The term of office for Board members is three years. Members whose terms have expired can be reappointed or reelected. If a membership becomes vacant for any reason, a new appointment or election is made within one month according to the principles in the third paragraph.
The Board meets at least once a month or whenever necessary upon the call of the Chairperson.
The Board convenes with the presence of at least fourteen members, including the Chairperson, and decisions are made by a majority vote of the attending members.
The Board may establish special expert commissions to work on a continuous or temporary basis when necessary. Public employees who will serve on these commissions are appointed by the relevant public institutions.
The attendance fee for public officials who are Board members or members of special expert commissions and the attendance fee for non-public officials who are Board members are determined by the Ministry, taking into account the opinion of the Ministry of Finance.
The secretarial services of the Board are provided by the Ministry.
Decisions of the Advertising Board are announced by the Chairperson of the Advertising Board for the purpose of informing and enlightening consumers and protecting their economic interests.
The duties of the Advertising Board, its establishment, working procedures and principles, and how secretarial services are to be provided are determined by a regulation issued by the Ministry.
Dangerous Goods and Services
Article 18 - If the goods or services offered to consumers can be harmful or hazardous to human health, body, mind, or the environment, explanatory information and warnings regarding this situation must be clearly and legibly placed on or attached to the goods or in the user manuals.
The Ministry is responsible for determining which goods or services should carry explanatory information and warnings, as well as the form and placement of this information and warnings, in consultation with relevant ministries and other organizations, and announcing them in the Official Gazette.
Article 19 - The goods and services offered to consumers must comply with technical regulations, including mandatory standards published in the Official Gazette by relevant ministries.
The relevant ministries are responsible for conducting or arranging inspections in accordance with these principles. The procedures and principles for the inspection of goods and services are determined separately by each relevant ministry.
Consumer Education
Article 20 - Formal and informal education curricula of educational institutions are supplemented by the Ministry of National Education regarding consumer education.
The procedures and principles for organizing programs on radio and television to educate and raise consumer awareness are determined by the Ministry based on the proposal of the Consumer Council.
Penalties
Article 25 - A fine of 50 Turkish Lira shall be imposed for each contract found to be in violation of the procedures and principles determined by the Ministry according to the seventh paragraph of Article 6.
A fine of 100 Turkish Lira shall be imposed on those who act in violation of the provisions of the seventh paragraph of Article 4, Article 5, the sixth paragraph of Article 6, Article 6/A, the procedures and principles determined by the Ministry according to Articles 6/B and 6/C, the fifth paragraph of Article 7, Article 9, Article 9/A, Article 10, Article 10/A, the second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14, 15, and 27, which specify obligations.
A fine of 250 Turkish Lira shall be imposed on those who act in violation of the fourth and sixth paragraphs of Article 7 and the obligations specified in Article 8.
A fine of 500 Turkish Lira shall be imposed for non-compliance with the procedures and principles determined and announced by the Ministry according to the second paragraph of Article 20. If the violation is committed by radio or television broadcasters operating at the national level, the fine shall be multiplied by ten.
A fine of 1,000 Turkish Lira shall be imposed on producers-manufacturers and importers who act in violation of Article 18, and a fine of half of this amount shall be imposed on sellers and providers.
A fine of 2,000 Turkish Lira shall be imposed on those who act in violation of the first paragraph of Article 19.
A fine of 5,000 Turkish Lira shall be imposed on those who act in violation of Article 11. If the violation is committed through periodic publications operating at the national level, the fine shall be multiplied by twenty. In addition, the Ministry may request the cessation of any advertisements and notices related to the campaign from the periodic publication institution. In the event of the continuation of the violation despite this request, a fine of 100,000 Turkish Lira per issue-day shall be imposed from the date the obligation to cease the advertisement and notice arises. The Ministry shall apply to the Consumer Court with a request to cease any advertisements and notices related to the campaign.
A fine of up to 3,500 Turkish Lira or temporary suspension and/or suspension and/or correction may be imposed on those who act in violation of Article 16 for a period of up to three months. The Advertising Board may impose these fines together or separately depending on the nature of the violation. If the violation of Article 16 is committed through written, oral, visual, or other means of national publication, the fine shall be multiplied by ten.
Those who act in violation of the seventh and eighth paragraphs of Article 7 shall be fined in proportion to the invoice amount of the goods or services subject to the campaign. If the organizer of the campaign provides a refund when the consumer withdraws from the campaign, this fine shall not be imposed.
Those who act in violation of the second paragraph of Article 7 shall be given one week to comply with the provisions of Article 7 regarding campaign arrangements. If it is determined that the violation continues after this period, a fine of 50,000 Turkish Lira shall be imposed on those who act in violation of this provision, as well as those who act in violation of the obligations specified in Articles 24 and 24/A.
The fines mentioned in the above paragraphs shall be doubled in the event of a repeated offense within one year. The fines shall be increased at the beginning of each year in accordance with the provisions of Additional Article 2 of the Turkish Penal Code (Law No. 765).
If other laws also prescribe fines for the acts described in this Law, the heavier penalty shall be imposed.
Authority, Objection, and Statute of Limitations in Penalties
Article 26 - The penalties specified in the first, fourth, seventh, eighth, ninth, and tenth paragraphs of Article 25 shall be applied by the Ministry, while the penalties specified in other paragraphs shall be applied by the local authority.
All types of fines regulated in this Law are administrative in nature. Objections can be made to these penalties within a maximum of seven days from the date of notification to the competent administrative court. The objection does not suspend the enforcement of the penalty imposed by the administration.
Penalties imposed under Article 25 shall be collected in accordance with the provisions of the Law on the Procedure for Collection of Public Receivables.
The statute of limitations for the imposition of administrative fines regulated in this Law is one year. The statute of limitations period starts on the date the act in violation of this Law is committed.
If continuous or repeated violations are involved, the period starts from the day the violation ceases or the last occurrence of the violation. The statute of limitations period is interrupted if an appeal is made against the decision.
The penalties shall be reported to the professional organization to which the violator belongs within seven days by the competent authority for imposing the penalty.
EN − TL
