Consumer Law

Consumer Law

LAW ON THE PROTECTION OF CONSUMER NO 4077 AMENDED BY LAW NO 4822 

PART ONE 

PURPOSE, SCOPE, DEFINITIONS 
Purpose 

Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for damages, to protect them from environmental hazards in accordance with the public interest, to encourage consumers' self-protective initiatives and to organize voluntary organizations in the formation of policies in this regard. to regulate the issues related to encouraging. 

Scope 

Article 2- This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and service markets for the purposes specified in the first article. 

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 shopping, immovable properties for residence and vacation purposes and software, audio, video and similar intangible goods prepared for use in electronic environment, 

d) Service: Any activity other than providing goods for a fee or benefit, 

e) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, 

f) Seller: Real or legal persons, including public legal entities, that offer goods to consumers within the scope of their commercial or professional activities, 

g) Provider: Real or legal persons, including public legal entities, that provide services to consumers within the scope of their commercial or professional activities, 

h) Consumer transaction: Any legal transaction between the consumer and the seller-provider in the goods or service markets, 

ı) Manufacturer-Manufacturer: Those who produce the goods or services offered to the consumer, including public legal entities, or the raw materials or intermediate goods of these goods or services, and those who put their distinctive sign, trademark or title on the goods and offer them for sale,  ;

j) Importer: The natural or legal person who brings the goods or services offered to the consumer, including public legal entities, or the raw materials or intermediate goods of these goods or services from abroad, for sale, 

k) Lender: Banks, private finance institutions and financing companies that are authorized to give cash loans to consumers in accordance with their legislation, 

l) Advertiser: Real or legal entities that publish, distribute or display advertisements in which the company or the goods/service brand is prepared in order to promote the goods/services it produces or markets, to increase its sales, or to create and strengthen its image. person, 

m) Advertiser: The commercial communication specialist real or legal person who prepares commercial advertisements and advertisements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser, 

n) Media organization: Real or legal person who is the owner, operator or lessee of communication channels or all kinds of vehicles that deliver commercial advertisements or advertisements to the target audience, 

o) Technical regulation: The relevant Ministry specifies one or more of the features, processing and production methods of a product and service, including the relevant administrative provisions, the related terminology, symbols, packaging, marking, labeling and conformity assessment procedures. All kinds of regulations that must be complied with, including the standards that have been published in the Official Gazette and put into force, 

p) Consumer organizations: Refers to associations, foundations or their superior organizations established for the purpose of consumer protection. 

PART TWO 

CONSUMER PROTECTION AND LIGHTING 

Defective Goods 

Item 4- Contrary to the quantity that affects the quality or quality contained in its packaging, label, promotion and user manual or advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or its value in terms of allocation or use, or the value of the consumer from it. Goods that contain material, legal or economic deficiencies that reduce or eliminate the benefits expected are considered as defective goods. 

The consumer is obliged to notify the seller of the defect within thirty days from the delivery date of the goods. In this case, the consumer has the right to withdraw from the contract, including the price refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer. The consumer, together with one of these optional rights, causes death and/or injury and/or use of the defective goods.