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Act on Protection of Consumers

Part One – Purpose, Scope, Definitions

 

Article 1 – Purpose

 

Article 2 – Scope

 

Article 3 – Definitions

 

Part Two – Protecting and Informing the Consumer

 

Article 4 – Defective Goods and Services

 

Article 5 – Obligation to Sell

 

Article 6 – Instalment Sales

 

Article 7 – Campaign Sales

 

Article 8 – Doorstep Sales

 

Article 9 – Obligations of the Seller in Doorstep Sales

 

Article 10 – Consumer Credit

 

Article 11 - Periodicals

 

Article 12 – Label

 

Article 13 – Warranty Certificate

 

Article 14 – Information Booklet and User Manual

 

Article 15 – After-Sales Services

 

Article 16 – Commercial Advertisements and Announcements

 

Article 17 – Board of Advertisement

 

Article 18 – Hazardous and Dangerous Goods and Services

 

Article 19 – Quality Audit

 

Article 20 – Training of Consumers

 

Part Three – Consumer Organizations

 

Article 21 – Consumer Council

 

Article 22 – Arbitration Committee for Consumer Problems

 

Part Four – Provisions regarding Legal Proceedings and Penalties

 

Article 23 – Consumer Courts

 

Article 24 – Suspension of Production, Sales and Product Recalls

 

Article 25 – Penalty Provisions

 

Article 26 – Authority, Objections and Statute of Limitations for Penalties

 

Part Five – Miscellaneous Provisions

 

Article 27 – Supervision

 

Article 28 – Laboratory

 

Article 29 – Appropriation

 

Article 30 – Other Provisions

 

Article 31 – Regulations and Arrangements

 

Article 32 – Invalidated Provisions

 

Article 33 – Enforcement

 

Article 34 – Implementation

 

PART ONE – Purpose, Scope, Definitions

 

Article 1 – Purpose

 

The purpose of this Act is to take measures aimed at protecting the health, safety and economic interests of consumers in line with the public good and the requirements of the economy, building consumer awareness, indemnifying losses incurred by consumers and protecting them against environmental hazards; to promote consumer initiatives aimed at protecting consumer interests and to encourage volunteer organizations aimed at devising consumer-related policies.

 

Article 2 – Scope

 

This Act covers the purposes specified in Article 1 and all consumer-related legal proceedings that a consumer is a party to in the goods and services markets.

 

Article 3 – Definitions

 

In the implementation of this Act;

 

a) Ministry: means the Ministry of Industry and Trade;

 

b) Minister: means the Minister of Industry and Trade;

 

c) Goods: means any movable property subject to purchase or sale;

 

d) Service: means any physical and/or mental activity performed for a fee or consideration;

 

e) Standard: means the Turkish Standard;

 

f) Consumer: means a real or legal person purchasing and finally using or consuming any good or service for private purposes;

 

g) Seller: means any real or legal persons providing goods and services for the consumer including public entities and institutions;

 

h) Manufacturer-Producer: means the manufacturers of goods or services offered to the consumers, or of the raw materials of such goods or services or semi-finished goods thereof including public entities and institutions;

 

i) Consumer Organizations: means any association, foundation or retail society established for protection of consumers.

 

PART TWO – Protecting and Informing the Consumer

 

Article 4 – Defective Goods and Services

 

Any good or service containing material, legal or economic deficiencies not complying with the quantity and/or the quality specified on the packaging, label, information booklet and user manual, or claimed by the seller or established in the related standard or impairing or eliminating their value or the benefits expected by the consumer from such goods or services with respect to the purpose of allocation or intended use shall be considered as defective good or defective service.

 

If any good purchased is found to be defective; the consumer shall be entitled to return such goods to the seller company and to request for replacement of it or return of the paid price or reduction of the loss in value caused by the defect from the price or free repair in 15 days after the date of receipt of the good. The consumer is free to select any of these options. The seller is liable to fulfil the request preferred by the consumer. The seller, dealer, agent, manufacturer-producer and the importer are jointly and separately liable to the consumer for the defective good and/or any kind of damages caused by the defective good. Ignorance of the defect in the good sold shall not relieve them from this liability.

 

If the defect in the good sold is a hidden defect or the defect has been fraudulently concealed from the consumer, the seller may not be relieved of its liability by alleging that the consumer has not had recourse to it within 15 days.

 

If the seller has not given a guarantee for a longer period, the claims that may be filed for defective goods and for any kind of damages caused by defective goods are subject to the statute of limitation for two years starting from the date of delivery of the good to the consumer even if the defect has appeared later. However, if the seller has fraudulently concealed the defect of the sold good from the consumer, the seller cannot benefit from the 2-year statute of limitation.

 

The provisions given above shall also apply for defective services. If it has become impossible to render the defective service again or if it will result in any consequences contrary to the intended purpose, a reduction in price shall be made up to the amount of the benefit gained by the consumer from the defective service at the time of return of the paid price.

 

The provisions given above shall not apply for the goods and services purchased knowing that they are defective.

 

It is mandatory that the manufacturer or the seller should affix a label easily legible by the purchaser, containing the term “Defective” onto the used, repaired or defective good to be offered for sale or onto its packaging. This shall be also indicated on the invoice, voucher or sales document given to the consumer.

 

The provision of the paragraph given above shall not apply for the sellers that sell only defective goods or that have permanently allocated a story or department of their workplace for the sales of defective goods.

 

Article 5 – Obligation to Sell

 

Demonstration of a good not bearing the indication of “sample” or “not for sale” on it in the shop-window, shelves or in any clearly visible place of a trading enterprise means that the related good is in stock. The seller cannot abstain from selling the goods that it displays. The seller cannot show the good as sold in case that it has not been actually sold. The sellers cannot avoid selling the services without a justifiable reason, either. The seller may not make the sale of a good or service be conditional upon purchase of it for a predetermined quantity, number, size or period as designated by the seller itself or purchase of another good or service. If there is a custom, commercial practice or convention for selling the good or service for a predetermined quantity, number, size or period, the provision of the third paragraph shall not apply.

 

Article 6 – Instalment Sales

 

In instalment sales, the consumer is entitled to prepay the total amount indebted. The consumer may also prepay one or more instalments providing that such a payment should not be less than one instalment amount. In both cases, the seller is obliged to make the required reduction of interest depending on the amount prepaid.

 

If the seller has reserved the right to claim for discharge of the entire amount of the remaining debt in case of non-payment of one or more instalments, this right may be exercised only if the seller has fulfilled all of its obligations and providing that at least a four-week period has passed after non-fulfilment of an obligation by the consumer and that the seller has sent a notice of acceleration of debt by granting at least one-week period. The total sales price of the good or service determined by the parties and notified to the consumer in writing may not be increased under any circumstances. In case of instalment sales, the seller has to notify the following information in writing and to submit to the consumer a copy of the contract concluded between the parties.

 

a) The cash sale price of the goods and services;

 

b) The total sale price to be paid together with the interest according to the maturity period;

 

c) The interest amount, the annual rate used for calculation of interest and the default interest rate;

 

d) The prepayment amount;

 

e) The payment schedule.

 

Article 7 – Campaign Sales

 

In case of sales performed by accepting participants in the campaigns organized through announcements made to the public by means of newspapers, radio, television advertisements, etc. and by promising the delivery or performance of the good or service at a later date; the seller, dealer, agent, representative, manufacturer-producer and importer shall be jointly and separately responsible for non-delivery of the goods and services announced and warranted on time and for the acts contrary to the contracts in respect of the price, quality and quantity.

 

The provision of the first paragraph also applies for any kind of sales that cannot be characterized as campaign sales, but performed on condition of late delivery of the good or performance of the service.

 

In the campaign sales, the seller is obliged to provide in writing the information related with “the deadline for termination of the campaign” and “the date and method for delivery of the good or performance of the service” as well in addition to the information specified in the third paragraph of article 6. The provisions of the first and second paragraphs of article 6 shall also apply for the campaign sales by instalments.

 

Article 8 – Doorstep Sales

 

Doorstep sales refer to the sales contingent on trial and inspection that are performed outside the selling spaces such as workplaces, fairs, exhibitions, etc. without any prior agreement and for a value exceeding 100 Turkish Liras.

 

In such kind of sales, the consumer is entitled to accept or reject the good without giving any reason until the end of the seven-day trial and inspection period. The seller is obliged to return to the consumer the price, the valuable papers and any kind of documents received that are binding the consumer with debt as a result of this legal transaction in 10 days upon receipt of the notice of withdrawal sent via registered and reply paid letter or by means of a notary or delivered by hand and to take the good back in 20 days.

 

The consumer is liable to return the good under the same conditions prevailing at the time of its delivery to the consumer and in case of its use, to indemnify the loss in the commercial value of the good resulting from such use. Possession of the good by the consumer shall not merely result in a loss in value.

 

If it has become impossible to return the good or service or if such a return will result in any consequences contrary to the intended purpose, the consumer is liable to pay to the seller an amount corresponding to the benefit gained from the related good or service.

 

This article shall not apply if it is a custom, commercial practice or convention to put up the good or service for sale outside the workplace. For doorstep sales by instalments, the provisions of article 6 shall also apply.

 

The value of 100 liras specified in the first paragraph shall be increased by the end of October every year over the average price increase rate in the Wholesale Price Index announced by the State Institute of Statistics. This shall be announced by the Ministry in the Official Gazette in the month of December every year.

 

Article 9 – Obligations of the Seller in Doorstep Sales

 

In doorstep sales, the seller is obliged to give to the consumer a document including the statement printed in bold black characters and at least in character size 12 which reads as “The consumer is entitled to withdraw from the purchase and sale transaction by rejecting the good in seven days without assuming any legal or penal liability and without giving any reason and the price paid, the valuable papers given by the consumer and any kind of documents binding the consumer with debt arising from this legal transaction will be returned by the seller in ten days after the date of receipt of the notice of withdrawal by the seller” together with the contract, invoice or the receipt prepared by it in return for a protocol signed also by the consumer as well describing the consumer’s rights and stating that the document describing his/her right of withdrawal has been delivered and the seller’s full address has been notified to the consumer.

 

The seller is liable to submit this signed document received from the consumer to the court in case of a dispute. If the seller cannot submit this document, the seller shall be deemed to have failed in fulfilling its obligations specified in this document.

 

Article 10 – Consumer Credit

 

When the consumers apply to the banks or similar financial institutions for receiving a consumer loan in order to buy a good or service, it is mandatory that a written contract should be signed between such banks or financial institutions and the consumers and a copy of this contract should be given to the consumer. The terms of loan stipulated in the contract signed between the parties cannot be amended against the consumer within the term of the contract.

 

Such a contract shall contain; a) the annual rate used for calculation of the interest;

 

b) The repayment schedule individually specifying the payment dates, the principal and the interest amounts, the funds and the other charges;

 

c) Consumer loan amount;

 

d) The total amount of debt together with the interest and the other items;

 

e) The guarantees required;

 

f) Default interest rate;

 

g) The legal consequences of the debtor’s default; and

 

h) The terms for early repayment of loan.

 

The consumer may repay the total amount indebted to the bank or financial institution earlier than the end of maturity or prepay one or more installments that have not become due and payable. In both cases, the bank or the finance institutions are obliged to make the required reduction of interest and the commissions depending on the amount prepaid.

 

Where the banks or financial institutions extend the consumer loan on condition of purchase of a specific good or service or performance of a legal transaction with a specific seller, then they become jointly and severally liable together with the seller toward the consumer for any defects in the sold good.

 

Article 11 - Periodicals

 

The consumers that subscribe to periodicals may unilaterally terminate their subscriptions in case of any acts contrary to the terms and conditions regarding price and quality as specified in the subscription agreement providing that they should notify such an intent to the person or publishing company responsible for subscription procedures in writing. The publisher is liable to return the remaining portion of the subscription fee in 15 days without making any deduction. The consumer’s request for termination of subscription shall become effective in 15 days for daily publications, in 1 month for weekly publications, and in 3 months for monthly publications following the date of receipt of such written notice by the seller. For periodicals published at longer intervals, they are put into force after the first publication following the date of notification.

 

Article 12 – Label

 

It is mandatory that labels containing the information regarding the origin, type and price of the good should be affixed onto the goods traded or offered for retail sales onto their packages or containers in an easily visible and legible manner, and where such labelling is impossible, the lists containing such information should be displayed in a visible manner. The lists showing the tariffs and prices of the services shall also be arranged and hung according to the first paragraph. The Ministry shall regulate the form, content, principles and procedures of such labels and tariff lists by a regulation. The Municipalities are in charge of conducting the activities related with execution and supervision of enforcement of the provisions of this article.

 

Article 13 – Warranty Certificate

 

The importer or manufacturer companies have to issue warranty certificates for the industrial goods that they import or produce. The responsibility to complete and give the warranty certificate to the consumer rests with the seller, dealer, agent or representation office from where the consumer has purchased the good. The warranty period starts from the date of delivery of the good and shall be at least one year. The warranty certificates must contain the date and number of the invoice issued in relation to the good purchased and the monopoly tax label and serial number. If the goods under the scope of the warranty certificate break down due to material and workmanship or assembly faults within the warranty period, the seller is liable to repair the good without claiming for any charge under any name or title whatsoever such as workmanship costs, replaced part cost, etc.

 

If the incapability of using the good becomes persistent for the consumer as a result of frequent breakdown of the good within the warranty period or if the maximum period required for its repair is exceeded, the consumer may request from the seller to replace the good with a new one free of charge. The seller cannot reject such a request. The seller, dealer, agent, manufacturer-producer and importer are jointly and severally responsible against such a request of the consumer.

 

The provisions of the second and third paragraphs do not apply for any breakdowns arising from the use of the good by the consumer contrary to the requirements specified in the user manual. The Ministry is in charge of determining and announcing, jointly with the Turkish Standards Institute, the industrial goods that should be sold with a warranty certificate and the maximum periods required for repair of the defects in such goods.

 

Article 14 – Information Booklet and User Manual

 

It is mandatory that the imported industrial goods should be sold with the faithful Turkish translations of the information booklets and user manuals describing maintenance, repair and use of such products and those produced in the country should be sold with Turkish information booklets and user manuals describing their maintenance, repair and use. The Ministry is in charge of determining and announcing, jointly with the Turkish Standards Institute, the industrial goods that must be sold with their information booklets and user manuals.

 

Article 15 – After-Sales Services

 

The importers and manufacturers have to establish the stations where they will provide the maintenance, repair and after-sales services for the industrial goods that they sell and to maintain adequate number of technician staff and spare parts inventory during the service life of such goods as determined and announced by the Ministry.

 

The Ministry is in charge of determining and announcing, jointly with the Turkish Standards Institute, the goods for which service stations should be established and the principles and procedures regarding establishment and functioning of such service stations.

 

Article 16 – Commercial Advertisements and Announcements

 

It is essential that commercial advertisements and announcements should conform to the laws and the ethics and be true and correct.

 

It is not allowed  to make any advertisements and announcements that are deceptive and misleading the consumer, abusing their lack of experience or knowledge, threatening the safety of life and property of the consumers, inducing acts of violence and crime, endangering public health, and abusing  patients,  elderly, children and disabled people.

 

Article 17 – Board of Advertisement

 

A Board of Advertisement is established and assigned with the task of making recommendations to the Ministry for determining of the principles to be followed in relation to commercial advertisements and announcements, examination of commercial advertisements and announcements according to such principles and punishment of those acting contrary to the provisions of article 16 according to the result of such examination, and suspension and/or correction of such advertisements and announcements using the same method.

 

The Board of Advertisement shall take account of the universally accepted definitions and rules in the advertising sector as well as the national conditions during determination of the principles to be followed in the commercial advertisements and announcements. The Board of Advertisement that will be chaired by the related General Director to be assigned by the Minister shall be comprised of 17 members as listed below;

 

a) a member to be assigned by the Ministry among the persons that have received higher education and that have at least 10 years of experience in one or more of the economy, finance, law, and business administration disciplines;

 

b) a member to be assigned by the Ministry of Justice among the judges performing administrative duties under the structure of this Ministry;

 

c) a member to be assigned by the Turkish Radio and Television Corporation;

 

d) a member to be elected by the Higher Education Council among the university academic staff specialized in the field of advertising;

 

e) a member to be assigned by the Central Council of the Turkish Association of Physicians;

 

f) a member to be assigned by the Turkish Bar Association;

 

g) a member to be assigned by the Turkish Union of Chambers and Commodity Exchanges;

 

h) a member to be elected by Ankara, Istanbul and Izmir Journalists’ Associations among their own members;

 

i) a member to be elected by the associations of advertising agencies or, if any, their higher bodies;

 

j) a member to be elected by the Consumer Council among the representatives of consumer associations participating in the Council;

 

k) a member to be assigned by the Turkish Union of Chambers of Agriculture;

 

l) a member to be assigned by the Confederation of Turkish Tradesmen and Craftsmen;

 

m) a member from the Turkish Standards Institute;

 

n) a member from the Directorate of Religious Affairs;

 

o) a member from the Turkish Union of Chambers of Engineers;

 

p) two members from the Labor Confederations.

 

The Board members take office for three years. The members whose term of office expire may be reassigned or re-elected. In case of any vacancy in any membership for any reason, a new member shall be assigned or elected in one month according to the principles specified in the third paragraphs.

 

The Board shall convene at least once a month and at any time required upon the call of the Chairman.

 

The Board shall form a quorum with the presence of at least nine members including the Chairman and take decisions with the majority of the attendants in the meeting.

 

The Board may set up permanent or ad hoc special expertise committees if and when required. The public personnel to be considered by the Board as qualified to take office in such committees shall be assigned by the related public entities.

 

The Ministry shall determine the attendance fee to be paid to the Board members and the special expertise committee members that are civil servants and the attendance fees to be paid to the board members that are not civil servants.

 

The secretarial services of the Board shall be performed by the Ministry. The duties of the board of advertisement and the principles and procedures governing its establishment, functioning and how the secretarial services will be performed shall be determined by a regulation to be issued by the by the Ministry.

 

Article 18 – Hazardous and Dangerous Goods and Services

 

Where the goods and services offered for use by consumers may be hazardous or dangerous for the health of people and the environment, explanatory information and warnings related with this issue shall be attached or inscribed onto such goods or in their user manuals enclosed in a clearly visible and legible manner in order to ensure safe use of such foods. The Ministry is in charge of determining and announcing, jointly with the Turkish Standards Institute, the goods and services that must bear such explanatory information and warnings, the form of such information and warnings and the place where they should be used.

 

Article 19 – Quality Audit

 

The Ministry is in charge of determining and announcing, upon taking the opinion of the Turkish Standards Institute, the principles and procedures regarding the quality inspection to be performed according to the standards or in case of lack of such standards, the properties to be determined that will constitute the basis of such standards in relation to the safety of life and property of consumers, the physical and environmental health and raising the consumers’ awareness in respect of these issues and certification of the goods, services and facilities as a result of such quality inspection.

 

However, the facilities certified or to be certified by the Ministry of Tourism are exempt from this application as per the Law no. 2634 on Encouragement of Tourism.

 

Article 20 – Training of Consumers

 

The Ministry of National Education shall make the necessary additions to the curricula of the schools at each level regarding training of consumers. The Ministry shall determine and announce the principles and procedures regarding issuance of books, periodicals, and brochures for educating and training the consumers and organization of programs in the radios and televisions for raising the awareness of consumers upon the proposal of the Consumer Council.

 

PART THREE – Consumer Organizations

 

Article 21 – Consumer Council

 

A “Consumer Council” shall be set up under the coordination of the Ministry to search for the measures required for dealing with consumer problems and requirements and for protection of their interests, and to notify to the related authorities the opinions related with the measures to be taken for settlement of problems in favour of consumers and the measures to be taken for implementation of this Law. The Consumer Council that will be chaired by the Minister or a ministry officer to be assigned by the Minister shall be comprised of the representatives from the Ministries of Justice, Internal Affairs, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Tourism and Environment, and from the Undersecretariat of State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, the Presidency of the State Statistics Institute, the Presidency of the Turkish Standards Institute, National Productivity Centre, Directorate of Religious Affairs, the Turkish Association of Municipalities, Confederations of Labour Unions, Turkish National Cooperatives Association, Higher Education Council, Turkish Bar Association, Turkish Union of the Chambers of Engineers and Architects, Turkish Association of Pharmacists, Turkish Association of Physicians, Turkish Union of Chambers of Agriculture, National Quality Council, Trust of Guild Research and Culture and Consumer Organizations.

 

The Ministry shall determine the numbers and qualifications of the representatives of the organizations and institutions making up the Consumer Council; the minimum number of members that the consumer organizations should have for participation in the Consumer Council; and the number of representatives to be sent by such organizations to the Consumer Council. However, the number of representatives from the public entities and institutions shall not exceed 50% of the total number of members of the Consumer Council under any circumstances. The Consumer Council shall convene at least once a year. The working principles and procedures of the Consumer Council and the other issues are regulated by a regulation to be issued by the Ministry.

 

Article 22 – Arbitration Committee for Consumer Problems

 

The Ministry is in charge of establishing at least one “arbitration committee for consumer problems” at the centers or provinces and districts in coordination with the municipalities for settlement of disputes arising between consumers and sellers.

 

The arbitration committee for consumer problems that will be chaired by the Provincial Director of Industry and Trade or a civil servant to be assigned by him shall be comprised of 5 members in total including the chairman, a member appointed by the mayor among the personnel of the of the municipality specialized in this field, a member to be appointed by the bar association among its members, a member to be appointed by the chamber of commerce and industry and the chamber of artisans and craftsmen, and a member to be elected by consumer organizations. The member appointed by the Chamber of Commerce and Industry, or where the two chambers have been set up separately, the member appointed by the chamber of commerce and the chamber of artisans and craftsmen shall be appointed by the relevant chamber depending on whether the seller party to the dispute is a merchant or tradesman or craftsman. In the provinces or districts where the Ministry's provincial organization does not exist, the arbitration committee for consumer problems shall be chaired by the highest ranking administrative officer or a civil servant assigned by him. In places where an arbitration committee for consumer problems could not be established, the vacant memberships shall be filled ex officio by the municipal councils.

 

The decisions to be given by the arbitration committees for consumer problems may be cited as evidence at the consumer courts. If the price of the good or service in dispute does not exceed 5.000.000 TL, it is impossible to file a case at the consumer courts without a decision issued by such committees. This monetary limit is re-determined every year in accordance with the procedure specified in the last paragraph of article 8. The disputes related with the issues subject to penal sanctions as laid down in article 25 are excluded from the scope of jurisdiction of arbitration committees for consumer problems. The principles and procedures regarding establishment and operation of the arbitration committees for consumer problems and the other issues are regulated by a regulation to be issued by the Ministry.

 

PART FOUR – Provisions regarding Legal Proceedings and Penalties

 

Article 23 – Consumer Courts

 

Any disputes that may arise in relation to enforcement of this Law shall be settled in the consumer courts.

 

The judicial locality of the consumer courts is determined by the Supreme Board of Judges and Public Prosecutors.

 

The lawsuits to be filed by consumers, consumer organizations and the Ministry at the consumer courts shall be exempt from any kind of duties and charges. The cases to be heard at Consumer Courts shall be conducted in accordance with the provisions of Part Seven, Chapter Four of the Code of Civil Procedure.

 

Article 24 – Suspension of Production, Sales and Product Recalls

 

If a series of goods offered for sale is defective, the Ministry or consumer organizations may file a lawsuit for suspension of the production and sale of the defective series of goods and for recall of the goods from those holding such goods for sale purposes.

 

If the court issues a judgement for recall of the defective goods at the end of the case, it also decides about whether or not such goods should be returned to the seller according to the nature of the defective good or defect. However, the goods shall not be returned unless any kind of costs and expenses incurred for recalling the goods are repaid by the person against whom a judgement has been passed.

 

The actions for recovery to be filed by the third persons that have acquired the goods in dispute for sale purposes are also heard at the court that has handled the original lawsuit. The consumers that have purchased the defective goods reserve the right to file lawsuits for material and non-material  damages that they have incurred.

 

Article 25 – Penalty Provisions

 

A fine shall be imposed for those acting contrary to the seventh paragraph of article 4, first paragraph of article 5, third paragraph of article 6, third paragraph of article 7, first paragraph of article 9, first paragraph of article 10, and first and second paragraphs of article 12.

 

A fine shall be imposed for those acting contrary to the second paragraph of article 8, first and second paragraphs of article 13, first paragraph of article 14, first paragraph of article 15, and second paragraph of article 27.

 

A fine shall be imposed for those acting contrary to article 16. If the violation of article 16 has been committed via the printed, verbal, or visual means, etc. broadcasting at the national level, ten times of the fine shall be imposed. The Ministry shall also request from the related authorities for suspension of the commercial advertisement or announcement and/or correction of it using the same method. In case of persistence in violation of article 16 despite such a request, the Ministry may apply to consumer courts with a claim for suspension of the commercial advertisement or announcement and/or correction of it using the same method.

 

A fine shall be imposed for those acting contrary to articles 18 and 19. In addition, if the good produced contrary to the related mandatory standard is directly related with the health and safety of life and property of consumers and it is impossible to adjust it according to the standard, the consumer court may, directly or upon the Ministry’s application, decide for shutdown of the workplace for prevention of production and sale, seizure of the goods and if required, recall of such goods from those holding them for consumption and use purposes as per article 18. Where this paragraph is applied, the abstracts judgement for shutdown of the workplace is attached in a noticeable place of the workplace that is closed up, providing that it should be written in capital letters and it should remain there during the shutdown period. In addition, the abstract of judgement shall also be notified by the court to the Chief Public Prosecutor’s Office and immediately published in one or two newspapers circulated in Ankara, Istanbul, and Izmir with a circulation more than one hundred thousand and, if any, a local newspaper published in the locality of crime, providing that the related publication costs shall be received from the offenders later.

 

The fines specified in the paragraphs above shall be applied by two fold in case of recurrence of the crime in the same year. The fines shall be increased as per the provisions of the Additional article 2 of the Turkish Penal Code in the beginning of every year. The administrative fines to be issued for the acts specified in this Law shall not prevent imposition of the fines and penalties specified in the other laws for such acts.

 

Article 26 – Authority, Objections and Statute of Limitations for Penalties

 

The fines specified under article 25 are imposed as follows:

 

a) The fines stipulated in case of violation of first and second paragraphs of article 12 as specified in the first paragraph are imposed by the municipal committees;

 

b) The fines stipulated in the third paragraph are imposed by the Ministry;

 

c) The other fines are imposed by the civilian authority of the locality.

 

Any kind of fines stipulated in this Law are administrative fines. An objection may be filed against such fines at the competent administrative court not later than in seven days following the date of notification. Any objection shall not stop execution of the fine imposed by administration and in cases not considered necessary, objections are finalized as soon as possible by examining the documents. The decisions given by the administrative court upon such an objection are final.

 

The fines imposed as per article 25 are collected according to the provisions of the Act on Procedure of Collection of State Receivables.

 

The administrative fines regulated by this Act are subject to a penal prescription period of one year. Such prescription period shall commence on the date when the relevant act contrary to the provisions of this Law is committed.

 

In case of continuous or repeated violations, the prescription period shall start on the date when the violation has ceased or the date when it was repeated for the last time. Having recourse to any judicial remedy against a decision shall stop the prescription period for collection.

 

The fines are notified by the competent authority authorized to impose such fines to the professional organization of the related party in seven days.

 

PART FIVE – Miscellaneous Provisions

 

Article 27 – Supervision

 

In respect of implementation of this Act, the inspectors and controllers of the Ministry and the other personnel to be assigned by the Ministry and municipalities shall be authorized to audit, inspect, supervise, and make researches at any places where any kind of goods are stored and/or sold or any services are provided such as factories, stores, shops, offices, depots, warehouses, etc. It is mandatory to present true and accurate information and documents and to submit original and certified copies to the persons and institutions authorized and in charge of the issues considered under the scope of this Act.

 

Article 28 – Laboratory

 

The Ministry may establish laboratories or make use of the laboratories already established in the Ministry for implementation of this Act; it is in charge of determining and announcing, jointly with the related ministries, the minimum technical qualifications required to be met by the laboratories of the public and private entities that will conduct quality inspections.

 

The analysis of the samples taken during the audits carried out by the Ministry may be performed at the laboratories of the public or private institutions. If the results of analyses are found to be contrary to the standards, all the related costs shall be paid by the manufacturer person or entity. Such costs shall be collected according to the provisions of the Act regarding Collection of State Receivables.

 

Article 29 – Appropriation

 

The costs related with establishment and functioning of the Consumer Council, arbitration committees for consumer problems and the Board of Advertisement constituted by this Act and the related costs and expenses shall be met from the appropriation to be incorporated into the Ministry’s budget. The payments of the capitals of all joint-stock companies and limited companies that will be newly established having a capital amount equal to and above one hundred million Liras and in case of increase of capital, the payments to be made in proportion with two thousandth of the increased portion shall be collected in an account to be opened at the Central Bank of Turkey. Five percent of the funds collected in this account shall be used by the institutions assigned for implementation of this Act; and ninety-five percent shall be used by the “Competition Authority” established by the Law no. 4054.

 

Article 30 – Other Provisions

 

General provisions shall apply for any issues not provided for in this Act.

 

Article 31 – Regulations and Arrangements

 

The regulations specified in this Act shall be issued by the Ministry in one year following the date of publication of the Act upon taking the opinions of the related public institutions, professional higher associations and consumer organizations. The Ministry shall be authorized to take the necessary measures and to make the arrangements related with implementation of this Act subject to the related legislation.

 

Article 32 – Invalidated Provisions

 

The Act no. 3489 regarding Obligation to Sell without Bargaining; and the Act no. 632 on the Sale of Imported or Locally Manufactured Motor Vehicles, Engines, Machinery, Tools and Equipment with the User Guides have been repealed. PROVISIONAL ARTICLE 1 The Supreme Board of Judges and Public Prosecutors shall determine the courts that will deal with the matters that are under the jurisdiction of consumer courts until constitution of such consumer courts.

 

Article 33 – Enforcement

 

This Act shall come into force in 6 months after the date of issue.

 

Article 34 – Implementation

 

The provisions of this Act shall be implemented by the Council of Ministers.
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