AGREEMENT OF SALES
Vize Akademik It is the Distance Sales Agreement in the Virtual Environment between the Customer and the Customer.
Article - 1
The subject of this contract is the Law on the Protection of Consumers, numbered 4077, regarding the sale and delivery of the product sold by the seller to the buyer, the qualifications and sale price of which are stated below; It covers the rights and obligations of the parties in accordance with the provisions of the Regulation on Implementation Principles and Procedures of Distance Contracts.
Article - 2
SELLER INFORMATION
Title: Vize Akademik (hereinafter referred to as Vize or SELLER)
Headquarters Address: Seyranbağları Mah. Kirazlı Sok. Akyıldız Apartmanı No : 3 / A Çankaya / Ankara
Article - 3
BUYER INFORMATION
Name - Surname/Title:
Address :
> Phone:
Fax:
E-mail:
Article - 4
SUBJECT OF CONTRACT AND PRODUCT INFORMATION:
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Goods/Products or Services; Type, Quantity, Brand/Model, Color, Quantity, Sale Price and Payment Method are as stated below, and it has the right to keep the validity date of these promises confidential.
Goods / Product/Service Type:
Brand/ Model:
Color:
Quantity:
Price (VAT included) :
Shipping Fee:
Payment Method:
Delivery Address :
Delivery Person:
Invoice Address:
Article - 5
GENERAL PROVISIONS
5.1 - The BUYER has read and informed all the preliminary information regarding the basic characteristics, sales price and payment method of the contract product specified in Article 4, as well as the delivery. declares that it is the owner and gives the necessary confirmation in electronic environment.
5.2 - The product subject to the contract is delivered to the buyer or the person or organization at the address indicated in the preliminary information, depending on the distance of the buyer's place of residence for each product, provided that the legal 30-day period is not exceeded.
5.3 - If the product subject to the contract is to be delivered to another person or organization from the buyer, the SELLER cannot be held responsible because the person or organization to be delivered does not accept the delivery.
5.4 – The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and together with the warranty documents and user manuals, if any.
5.5 - For the delivery of the product subject to the contract, this contract must be approved electronically and the sale price must be paid in the form of payment preferred by the buyer. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5.6 - In the event that the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the buyer after the delivery of the product by unauthorized persons, not due to the fault of the buyer, the BUYER himself or the person specified in the sales contract or the product delivered to the institution must be sent to the SELLER within 3 working days. In such a case, the shipping costs are the responsibility of the buyer.
5.7 - If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the buyer of the situation. In this case, the buyer may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In the event that the buyer cancels the order, the SELLER makes an attempt at the relevant bank to cancel the credit card receipt belonging to the buyer and return the relevant amount to the buyer's account within 7 days, and the transaction is notified to the BUYER via e-mail. In such a case, the SELLER cannot be held responsible for delays caused by the relevant bank.
5.8 - In case the products delivered to the person and/or institutions that the BUYER and/or the BUYER want to be delivered are defective or damaged, the relevant product or products are sent to the SELLER for the necessary repair or replacement within the warranty conditions. It is sent within 7 days starting from the date of receipt by the BUYER and the shipping costs are borne by the BUYER. In such a case, if the 7-day period expires, the BUYER has to take the product he has received to the relevant service.
5.9- After this contract has been approved electronically by the buyer and https://www.projeqi.com becomes valid after it is delivered to the com address.
Article - 6
RIGHT OF WITHDRAWAL:
The buyer has the right of withdrawal within seven (7) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order for the right of withdrawal to be exercised, the SELLER must be notified by fax or e-mail within this period and the product has not been used within the framework of the provisions of Article 7 and the packaging has not been damaged. In case this right is exercised, it is obligatory to return the original sales invoice with a sample of the cargo delivery report stating that the product delivered to the 3rd party or the Buyer has been sent to the SELLER. Within 7 days following the receipt of these documents, the SELLER makes an attempt at the relevant bank to return the product price to the BUYER's credit card account. The SELLER cannot be held responsible for the failures on the bank's part in the return of the product price. If the original invoice is not sent, the value added tax and other legal obligations, if any, are not refunded. The shipping cost of the product returned due to the right of withdrawal belongs to the BUYER. In addition, the right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that deteriorate quickly or expire. The use of the right of withdrawal in all kinds of software and programs, DVD, VCD, CD and cassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.) and all kinds of cosmetic products is subject to the condition that the package of the product is unopened, intact and the product is unused.
Article - 7
AUTHORIZED COURT:
In the implementation of this contract, the settlement of the Consumer Arbitration Committees and the BUYER or the SELLER, up to the value announced by the Ministry of Industry and Trade CONSUMER COURTS in place are authorized. In case the order is approved electronically, the BUYER shall be deemed to have accepted all the provisions of this contract.
Consumer Law
LAW ON THE PROTECTION OF CONSUMER NO 4077 AMENDED BY LAW NO 4822
PART ONE< br>
Purpose, Scope, Definitions
Purpose < br>
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 to take protective initiatives for themselves and to create policies in this regard. on promoting voluntary organizations to regulate the silences.
Scope
Article 2- This Law covers any consumer transaction 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, residential and holiday immovable goods and for use in electronic environment prepared software, audio, video and similar intangible goods,
d) Service: Any activity other than providing goods for a fee or benefit,
e) Consumer: Acquiring a good or service for commercial or non-professional purposes, real or legal person who uses or benefits from it,
f) Seller: Real or legal persons, including public legal persons, who offer goods to the consumer within the scope of their commercial or professional activities,
g) Provider: including public legal persons within the scope of commercial or professional activities a natural or legal persons providing services to the consumer,
h) Consumer transaction: Any legal transaction between the consumer and the seller-supplier in the goods or service markets,
i) Manufacturer-Manufacturer: To the consumer, including public legal persons Those who produce the goods or services offered, or the raw materials or intermediate goods of these goods or services, and those who offer them for sale by putting their distinctive sign, trademark or title on the goods,
j) Importer: The natural or legal person who brings the goods or services offered to the consumer, including public legal persons, or the raw materials or intermediate goods of these goods or services from abroad,
k) Lender: Cash loans to the consumers as per the legislation banks, private finance institutions and financing companies that are authorized to give,
l) Advertiser: Advertisements that include the company or the goods/service brand, prepared to promote the goods/services it produces or markets, to increase its sales, or to create and strengthen its image. Real or legal person who publishes, distributes or exhibits by other means,
m) Advertiser: A 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 institution: Real or legal person who is the owner, operator or lessor of communication channels or all kinds of vehicles that deliver commercial advertisements or advertisements to the target audience,
o) Technical regulation: A product or service's, including the relevant administrative provisions, All kinds of regulations that must be complied with, including the standards put into compulsory practice by being published in the Official Gazette by the relevant Ministry, specifying one or more of the issues related to the product, its properties, processing and production methods, terminology, symbols, packaging, marking, labeling and conformity assessment processes, > p) Consumer organizations: Refers to associations, foundations or their superior organizations established for the purpose of protecting the consumer.
PART TWO
Consumer Protection and Enlightenment
Defective goods
Article 4- Inconsistent with the quantity that affects the quality or quality in its package, label, introduction and user manual or advertisement and announcements or notified by the seller or determined in its standard or technical regulation Goods that have material, legal or economic deficiencies that reduce or eliminate the value or the benefits expected by the consumer in terms of allocation or usage purpose 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 return from the contract, including the refund, to replace the product with a non-defective one, or to request a price reduction or free repair at the rate of fault. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.
Manufacturer-manufacturer, seller, dealer, agent, importer and creditor according to the fifth paragraph of Article 10 are jointly responsible for the defective goods and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility.
If those who are held responsible for the defect with this article do not take responsibility for the defect for a longer period of time, the responsibility for the defective goods is subject to a two-year time limit from the date of delivery of the goods to the consumer, even if the defect arose later. This period is five years for residential and holiday immovable properties. Claims to be made due to all kinds of damages caused by the defective goods are subject to a three-year statute of limitations. These claims disappear after ten years, starting from the day the product causing the damage is placed on the market. However, if the defect of the goods sold is hidden from the consumer by the seller's gross fault or fraud, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is obligatory to put a label stating "disabled" in a way that the consumer can easily read, by the manufacturer or the seller, on the defective goods to be offered for sale or on their packaging. There is no obligation to put this label in places where only defective goods are sold or in places such as a floor or a section that are allocated to the sale of defective goods on a permanent basis, so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods cannot be placed on the market even with the label of "disabled". These products are subject to the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products.
These provisions are also applied in all kinds of consumer transactions related to the sale of goods.
Defective service
Article 4/A- The quality or quantity that affects the quality determined in the advertisements and announcements declared by the supplier or in the standard or technical rule, or the purpose of benefiting Services that contain material, legal or economic deficiencies that reduce or eliminate the value in terms of value or the benefits expected by the consumer are considered as defective services.
The consumer is obliged to notify the supplier of this defect within thirty days from the date of performance of the service. In this case, the consumer has the right to withdraw from the contract, to see the service again or to reduce the price at the rate of shame. If the termination of the contract by the consumer cannot be justified as a requirement of the situation, a discount from the price is sufficient. Along with one of these optional rights, the consumer may also request compensation within the framework of the conditions specified in Article 4. The provider is obliged to fulfill this demand chosen by the consumer.
Provider, dealer, agency and creditor in accordance with the fifth paragraph of Article 10 are jointly and severally liable for the defective service and all kinds of damages caused by the defective service and the consumer's optional rights in this article. Not knowing that the service provided is defective does not remove this responsibility.
If no warranty is given for a longer period, claims to be made due to defective service are subject to a two-year statute of limitations from the performance of the service, even if the defect is discovered later. Claims to be made due to all kinds of damages caused by defective service are subject to a three-year statute of limitations. However, if the fault of the service provided is hidden from the consumer by the supplier's gross fault or fraud, the statute of limitations cannot be used.
Apart from the provisions regarding liability for damages caused by the defective service, the above provisions shall not apply to the services obtained knowing that they are defective.
These provisions also apply to any consumer transaction related to the provision of services.
Avoiding sales
Article 5- A commodity that does not have the phrase "sample" or "not for sale"; The seller cannot avoid the sale of these goods if they are displayed in a showcase, shelf or any other clearly visible place of a commercial establishment.
It cannot be avoided without a justified reason in providing services.
Unless there is a custom, trade or custom, the seller cannot make the sale of a good or service dependent on conditions such as the amount, number or size determined by the good or service itself, or on the purchase of another good or service.
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This provision is also applied in other contracts for the sale of goods and the provision of services.
Unfair terms in contracts
Article 6- Without negotiating with the consumer, the seller or the supplier unilaterally put into the contract, in a way that violates the good faith rule in the rights and obligations of the parties arising from the contract. Contractual conditions that cause an imbalance against the consumer are unfair terms.
Unfair terms in any contract where the consumer is one of the parties, are not binding for the consumer.
If a contract term has been prepared in advance and has not been able to affect the consumer content, especially because it is included in the standard contract, it is considered that that contract term has not been negotiated with the consumer.
If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the fact that certain elements or an individual provision of a condition in this contract have been negotiated does not prevent the application of this article to the remaining part of the contract.
If a seller or supplier claims that a standard requirement has been discussed individually, the burden of proof rests on him.
Consumer contracts stipulated to be written in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A must be written in at least twelve points and bold black letters. is regulated and in the absence of one or more of the conditions that should be included in the contract, the deficiency does not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.
The Ministry determines the procedures and principles regarding the detection of unfair terms in standard contracts and ensuring that they are removed from the contract text.
Installation Sale
Article 6/A- Installment sale is the type of sale where the sale price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.
An installment sale contract must be made in writing. The minimum conditions to be included in the contract are shown below:
a) Name, title, full addresses and access information, if any, of the consumer and the seller or the supplier,
b) Advance selling price of the good or service in Turkish Lira including taxes,
c) Total selling price in Turkish Lira to be paid together with interest according to the maturity date,
d) Interest amount, the annual rate at which the interest is calculated and the percentage of the interest rate determined in the contract. The default interest rate not exceeding thirty,
e) Down payment amount,
f) Payment schedule,
g) Legal consequences of the debtor's default.
The seller or the supplier is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer. If a bill of value as a negotiable document is to be issued separately from the contract, this promissory note is issued separately for each installment payment and only in writing to the registered name. Otherwise, the bill of exchange is invalid.
In installment sales; The consumer has the right to prepay the total amount owed. The consumer can also make one or more installments, not less than one installment amount. In both cases, the seller is obliged to make the necessary interest deduction according to the amount paid.
If the seller or the provider has reserved the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the seller or the provider has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or the provider to exercise this right, they must give at least one week and give a warning of maturity.
The terms of the contract cannot be changed in any way against the consumer.
Timeshare
Article 6/B- Timeshare contracts are agreements made for a period of at least three years and during this period, which includes the transfer or commitment of the use of one or more immovable properties for a specific or to be determined period of the year and not less than one week. It is a written contract or a group of contracts, the copy of which must be given to the consumer.
The Ministry determines the procedures and principles regarding timeshare holiday contracts.
Package tour
Article 6/C- Package tour contracts; These are the pre-arranged written contracts, of which at least two of the transportation, accommodation and other touristic services that are not considered auxiliary are sold at an all-inclusive price or with a commitment to sell, the service covers a period of more than twenty-four hours or includes overnight accommodation, one copy of which must be given to the consumer.
The Ministry determines the procedures and principles regarding package tour contracts.
Campaign Sale
Article 7- Acceptance of a participant in campaigns organized by announcing to the consumer through campaign sales, newspaper, radio, television advertisements and similar means, and the delivery of the goods or services later. or a sale made by execution.
Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales will be subject to permission, prepayment, installment amount, delivery time, manufacturer's guarantee, collateral to be deposited, and the procedures and principles to be followed in campaign sales.
The seller, the supplier, the dealer, the agency, the manufacturer-manufacturer, the importer and the creditor in accordance with the fifth paragraph of Article 10 are jointly and severally liable in case the delivery or performance of the advertised and promised goods or services is not made at all or properly.
After the consumer decides to leave the campaign, the organizer of the campaign is obliged to pay the entire price paid by the consumer up to that point, provided that the delivery date of the product or service to the consumer is not exceeded.
In the written contract to be arranged in the sales with the campaign, the organizer of the campaign, in addition to the information specified in the second paragraph of article 6/A, is a part of the contract that includes the information on the "campaign end date" and the "delivery or fulfillment date and form of the goods or services". must give a copy to the consumer.
Unless otherwise agreed in the contract, the prepayment amount cannot be more than forty percent of the sale price of the goods or services.
In sales with a campaign, the delivery period of the goods or the performance of the service cannot exceed twelve months. This period is thirty months for immovable properties for residential and vacation purposes.
In case the consumer fulfills all his obligations regarding payment, the delivery of the goods or the performance of the service must be made within one month at the latest following the end of the payment.
Provisions of article 6/A are also applied for sales with campaign installments.
Door Sale
Article 8- Door-to-door sales; These are the sales made outside the sales places such as workplaces, fairs and fairs.
The Ministry determines the qualifications to be sought in those who will make door-to-door sales, door-to-door sales that are subject to this Law or not, and the application procedures and principles regarding door-to-door sales.
In such sales; The consumer is free to accept the goods within seven days from the date of receipt or to refuse without giving any reason and without any obligation. In the sale of services, this period starts from the date of signing the contract. Before the expiry of this period, the seller or the provider cannot ask the consumer to make a payment under any name or to provide any document that puts him under debt in return for the goods or services subject to the door-to-door sale. The seller is obliged to take back the money within twenty days from the moment the withdrawal notification is received.
The consumer is not responsible for the changes and deteriorations that occur due to the habitual use of the goods.
The provisions of article 6/A for door-to-door sales made in installments and article 7 for door-to-door sales with campaigns are applied separately.
Obligation of the seller and the supplier in door-to-door sales
Article 9- In door-to-door sales contracts, explanatory information regarding the quality and quantity of the goods or services, in addition to the other elements that must be included in the contract, do not include withdrawals. The clear address to which the notification will be made and the following phrase written in at least sixteen fonts and bold black letters must be included:
Within seven days from the date of receipt of the consumer or the signing of the contract without any legal or criminal responsibility and without giving any reason, By refusing the service, we undertake to have the right to withdraw from the contract and to receive the financial refund from the date of the withdrawal notification to the seller/supplier.
The consumer signs the contract, which also includes the rights he has, and writes the date in his own handwriting. The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer.
Proof that a contract drawn up in accordance with the provisions of this article and that the goods have been delivered to the consumer belongs to the seller or the supplier. Otherwise, the consumer is not bound by the seven-day period to use his right of withdrawal.
Distance contracts
Article 9/A- Distance contracts; These are the agreements made in written, visual, telephone and electronic media or by using other communication tools and without confronting the consumers, in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.
Before the conclusion of the distance sales contract, it is obligatory to give the information to the consumer, the details of which will be determined by the notification to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. Confirmation of contracts made in electronic environment is also done in electronic environment.
The seller and the supplier fulfill their obligations within thirty days from the moment the consumer's order reaches him. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing beforehand.
The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is done without any fault.
The provisions regarding door-to-door sales are also applied to distance contracts, except for the provisions that the consumer cannot be asked to make a payment under any name or to provide any documents that put them in debt in return for the goods or services subject to the contract during the right of withdrawal.
The seller or the supplier is obliged to return the price, valuable documents and all kinds of documents that put the consumer in debt due to this legal transaction within ten days from the date of the notification of withdrawal and to get the financial back within twenty days.
Consumer credit
Article 10 - Consumer credit is the credit that consumers receive in cash from a creditor for the purpose of acquiring a good or service. It is obligatory to make a written consumer loan agreement and to give a copy of this agreement to the consumer. The credit terms stipulated in the contract concluded between the parties cannot be changed against the consumer during the contract period.
In the contract;
a) Consumer loan amount,
b) Total debt amount together with interest and other elements,
c) Annual rate at which interest is calculated,
d) Payment dates, principal, interest, fund and other expenses separately payment schedule as specified separately,
e) Guarantees to be requested,
f) Late interest rate not exceeding thirty percent of the contractual interest rate,
g) Legal consequences of the debtor's default,
h) Closing the loan before maturity Conditions related to the loan,
i) In case the loan is made available in foreign currency, the conditions regarding the exchange rate of which date will be taken into account when calculating the installments for repayment and the total loan amount are included.
If the creditor reserves the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the creditor has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments. However, in order for the lender to exercise this right, it must give at least one week and give a warning of maturity. In cases where a personal guarantee is given as a guarantee for the consumer loan, the creditor cannot demand the performance of the debt from the guarantor without applying to the main debtor.
The consumer may not only pay the total amount owed to the creditor in advance, but may also make one or more undue installments. In both cases, the lender is obliged to make the necessary interest and commission deductions according to the amount paid. The Ministry determines the procedures and principles at what rate the required interest and commission deductions will be made according to the amount paid.
In case the creditor gives the consumer credit on the condition of purchasing a certain brand of good or service or under a sales contract to be made with a certain seller or supplier, in case the goods or services sold are not delivered or performed at all or on time, the creditor shall be jointly and severally liable to the consumer with the seller or the supplier.
It is forbidden for the lender to tie the payments to a negotiable document or to secure the loan by accepting negotiable documents. If a valuable document is taken from the consumer despite this prohibition, the consumer has the right to demand this valuable document back from the creditor. In addition, the creditor is obliged to compensate the consumer for the loss caused by the endorsement of the negotiable documents.
Credit cards
Article 10/A- Loans converted into cash loans as a result of purchasing goods or services with a credit card or used by cash withdrawal with a credit card are also subject to Article 10 subject to its provisions. However, the clauses (a), (b), (h) and (i) of the second paragraph of Article 10 and the provision of the fourth paragraph are not applicable to such loans.
Periodic account statements sent to the consumer by the creditor are in the form of the payment plan stipulated in the subparagraph (d) of the second paragraph of Article 10. If the minimum payment amount in the periodic account statement is not paid on time; The consumer cannot be held liable under any name other than the default interest in subparagraph (f) of Article 10.
The lender has to notify the consumer of the interest increase thirty days in advance. The interest rate increased by the lender cannot be applied retrospectively. If the consumer pays all the debt and ceases to use the loan within sixty days at the latest from the notification date, he will not be affected by the interest increase.
In cases where goods or services are purchased with a credit card, the seller or the supplier cannot ask the consumer to make an additional payment under a commission or similar name.
Periodicals
Article 11- Except for the periodicals, which are organized by the periodicals and for whatever purpose and form, tickets, coupons, participation numbers, games, lotteries and similar means In cases where a second product and/or service is committed; No commitment or distribution of any goods or services can be made, except for cultural products such as books, magazines, encyclopedias, posters, flags, posters, verbal or visual magnetic tapes or optical discs, which are not contrary to the purposes of periodic publishing. If a campaign is organized for this purpose, the duration of the campaign cannot exceed sixty days. The consumer cannot be asked to cover a part of the price of the goods or services that are the subject of the campaign.
In the advertisements and announcements of the campaign, the periodicals publishing company is obliged to announce the program regarding the delivery and performance dates of the goods or services that are the subject of the campaign throughout Turkey and to fulfill the delivery and performance of the goods or services that are the subject of the campaign within thirty days from the end of the campaign. .
During the campaign, the sale price of the periodical cannot be increased due to the cost increase caused by the good or service promised to be given as a second product. The commitment and distribution of the good or service subject to the campaign cannot be made by division, and the inseparable or complementary parts of this good or service cannot be made a separate campaign subject. In the implementation of this Law, transactions related to each good or service promised to be given as a secondary product are considered as an independent campaign.
Campaigns that are not organized by periodicals but are directly or indirectly linked to the periodical are also subject to these provisions.
Subscription agreements
Article 11/A- Consumers who are party to all kinds of subscription agreements may terminate their subscriptions unilaterally, provided that they notify their requests in writing to the seller.
The seller is obliged to fulfill the consumer's request to terminate the subscription within seven days, at the latest, from the date on which the written notification is received.
If there is a request to terminate the subscription of the periodical; It enters into force fifteen days for daily publications, one month for weekly publications, and three months for monthly publications from the date on which the written notification reaches the seller. For longer publications, it will enter into force following the first publication after the notification.
The seller is obliged to return the remaining part of the subscription fee within fifteen days without any deduction.
Price tag
Article 12- Placing labels containing the price, place of production and distinctive features of the goods, including all taxes, in an easily visible and legible manner, on the goods offered for retail sale or on their packaging or containers, and in cases where it is not possible to put a label, lists containing the same information can be seen appropriately. must be hung on the ground.
Lists showing the tariffs and prices of the services are also arranged according to the first paragraph and hung.
If there is a difference between the price specified in the label, price and tariff lists and the cash register price, the sale is made over the price in favor of the consumer.
Price; It is forbidden to offer the goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions at a price higher than this determined price. regulates. The ministries and municipalities are separately responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.
Warranty certificate
Article 13- Manufacturers or importers are obliged to issue a Ministry-approved warranty certificate for the industrial goods they import or produce. Responsibility for the delivery of the warranty certificate containing the date and number of the invoice regarding the goods to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is at least two years. However, due to its characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, it is obliged to repair it without any charge under the financial labor cost, the cost of the replaced parts or any other name.
If the consumer has used his/her right to repair, he/she may use his/her other optional rights in article 4, in cases where the inability to benefit from the product is permanent due to frequent malfunctions during the warranty period, or if the maximum period required for repair is exceeded or if it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-manufacturer and the importer are jointly responsible.
Defects caused by the consumer's use contrary to the matters included in the financial user guide are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods have to be sold with a warranty certificate and the maximum time required for the repair of the faults of these goods, taking the opinion of the Turkish Standards Institute.
Introductory and user guide
Article 14- Turkish guide on the promotion, use, maintenance and simple repair of industrial goods produced or imported domestically, and international symbols and, where necessary, It is mandatory to be sold with the label covering the signs.
The Ministry is responsible for determining and announcing which of the industrial goods must be sold with a promotional and user manual and label, and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute.
After-sales services
Article 15- Manufacturers or importers, for the industrial goods they sell, produce or import, shall ensure that the goods are sufficient for the useful life determined and announced by the Ministry. They have to provide maintenance and repair services by keeping technical personnel and spare parts stock.
The spare part stock amount that manufacturers or importers should keep is determined by the Ministry.
In the event that the importer's commercial activities are terminated in any way, the new importer of that good has to offer maintenance and repair services during its lifetime.
The Ministry is responsible for determining and announcing for which goods it is obligatory to establish service stations, and the procedures and principles regarding the establishment and operation of service stations, taking the opinion of the Turkish Standards Institute.
In the event that an industrial property, which must be sold with a warranty certificate, fails after the warranty period, it must be repaired within the maximum repair period determined by the Ministry.
Commercial advertisements and advertisements
Article 16- It is essential that commercial advertisements and advertisements comply with the laws, the principles determined by the Advertisement Board, general morality, public order and personal rights, be honest and correct.
Advertisements and advertisements that deceive and mislead the consumer or exploit their lack of experience and knowledge, endanger the safety of life and property of the consumer, encourage acts of violence and commit crimes, disrupt public health, exploit patients, the elderly, children and the disabled and covert advertising is not allowed.
Comparative advertisements of competing goods and services that meet the same needs or for the same purpose can be made.
The advertiser is obliged to prove the concrete claims in the commercial advertisement or advertisement.
Advertisers, advertisers and media organizations are obliged to comply with the provisions of this article.
Advertising board
Article 17- To determine the principles to be followed in commercial advertisements and announcements, to examine commercial advertisements and announcements within the framework of these principles, and to comply with the provisions of Article 16 according to the results of the review. An Advertising Board is formed, which is responsible for precautionary stopping and/or stopping and/or rectifying and/or imposing fines on undeserved advertisements and advertisements for up to three months. Ad Board decisions are implemented by the Ministry.
The Board of Advertisement determines the principles to be followed in commercial advertisements and announcements; In addition to country conditions, it also takes into account the universally accepted definitions and rules in the field of advertising.
Board of Advertisement, chaired by the relevant General Manager to be appointed by the Minister;
a) A member to be appointed by the Ministry from among the relevant Deputy Director General,
b) A member to be appointed by the Ministry of Justice from among the judges working in administrative duties in this Ministry,
c) Regarding the advertisement to be assigned by the Turkish Radio-Television Corporation an expert member,
d) A member to be elected by the Higher Education Council from among university lecturers who are experts in the field of advertising,
e) a doctor member to be assigned by the Central Council of the Turkish Medical Association,
f) a lawyer member to be assigned by the Union of Turkish Bar Associations,
g) Four members to be appointed by the Union of Chambers and Commodity Exchanges of Turkey from different sectors,
h) All journalists' associations in Turkey, among themselves A member to be elected from among the members,
i) A member to be elected by the Association of Advertisers or their higher organizations, if any,
j) A member to be elected by the Consumer Council from among the representatives of the consumer organizations participating in the Council or to be assigned by the higher organizations,
k) The Union of Chambers of Agriculture of Turkey a member to appoint,
l) A member to be appointed by the Confederation of Turkish Tradesmen and Craftsmen,
m) A member from the Turkish Standards Institute,
n) A member from the Presidency of Religious Affairs,
o) A member from the Union of Chambers of Turkish Engineers and Architects,
p) A member from labor union confederations,
r) A member from civil servant union confederations,
s) A member to be appointed by the Union of Chambers of Certified Public Accountants of Turkey,
t) Ankara, Istanbul and Izmir Metropolitan It consists of twenty-five members, including one member elected by the municipalities from among themselves,
u) One member from the Turkish Pharmacists' Association,
v) One member from the Turkish Dentists' Association.
The term of office of the members of the Board is three years. Those whose term has expired can be reassigned or elected. If the memberships are vacant for any reason, assignments or elections are made within one month within the principles of the third paragraph for the vacant places.
The Board meets at least once a month or whenever needed, upon the call of the President.
The Board convenes with the presence of at least fourteen members, including the Chairman, and decides with the majority of the attendees.
When deemed necessary, the Board may establish special expertise commissions to work on a permanent and temporary basis. The public personnel that the Board deems appropriate to serve in these commissions are appointed by the relevant public institutions.
The attendance fee to be paid to the members of the Board and the members of the special specialization commission who are public officials and the attendance fee to be paid to the members of the board who are not public officials are determined by the Ministry with the approval of the Ministry of Finance.
The secretariat services of the Board are performed by the Ministry.
Board of Advertisement Decisions are announced by the Board of Advertisement in order to inform and enlighten the consumers and to protect their economic interests.
The duties, establishment, working procedures and principles of the Advertisement Board and how the secretariat services will be carried out are determined by a regulation to be issued by the Ministry.
Dangerous goods and services
Article 18- In case the goods and services offered to the consumer may be harmful or dangerous to the person's physical and mental health and the environment, these goods can be used safely. Explanatory information and warnings regarding this situation are placed or written on it or in the attached user manuals in such a way that they can be clearly seen and read.
The Ministry is responsible for determining and announcing which goods or services should carry explanatory information and warnings, and the form and location of these information and warnings, together with the relevant ministries and other organizations.
Article 19- Goods and services offered to the consumer; It must comply with the mandatory technical regulation, including the standards published in the Official Gazette by the relevant ministries.
Relevant ministries are responsible for carrying out inspections or having them do so in accordance with these principles. The procedures and principles regarding the inspection of goods and services are determined and announced separately by each relevant ministry.
Consumer Education
Article 20- Necessary additions are made by the Ministry of National Education to the curriculum of formal and non-formal education institutions on consumer education.
The procedures and principles regarding the organization of programs on radio and television in order to educate and raise awareness of the consumer are determined and announced by the Ministry upon the recommendation of the Consumer Council.
PART THREE
Consumer Organizations
Consumer council
Article 21- To search for necessary measures to protect the problems, needs and interests of the consumer, to take measures to solve the problems in line with universal consumer rights, and to submit their opinions on the measures for the implementation of this Law by the relevant authorities. A "Consumer Council" is established under the coordination of the Ministry in order to transmit it to be handled first.
Consumer Council, under the chairmanship of the Minister or a Ministry official appointed by him, the ministries of Justice, Interior, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, and State Planning Organization, Undersecretariat of Treasury, Foreign Trade Undersecretariat of Turkish Patent Institute, Presidency of State Statistics Institute, Presidency of Turkish Standards Institute, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunication Authority, Turkish Accreditation Agency, National Productivity Center, Presidency of Religious Affairs, metropolitan municipalities, Representing provincial municipalities, the Union of Turkish Municipalities, labor unions confederations, civil servants union confederations, Turkish Employers' Unions Confederation, Turkish National Cooperatives Union, Higher Education Board, Turkish Bar Association, Turkish Certified Public Accountants and Certified Public Accountants Union of Chambers of Financial Advisors, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists Association, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Doctors Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Turkish Travel Agencies Association, It consists of the representatives of the Turkish Hoteliers Association, the Turkish Union of Chambers of Agriculture, the Central Union of Consumption Cooperatives, the Ahilik Research and Culture Foundation and consumer organizations.
The number and qualifications of the representatives of the institutions and organizations that make up the Consumer Council, the minimum number of members that consumer organizations must have in order to participate in the Consumer Council and the number of representatives these organizations will send to the Consumer Council are determined by the Ministry. However, the number of representatives from public institutions and organizations can never exceed fifty percent of the total number of members of the Consumer Council. The Consumer Council meets at least once a year.
Working procedures and principles of the Consumer Council and other issues are regulated by a regulation to be issued by the Ministry.
Arbitration Committee for Consumer Problems
Article 22- The Ministry is responsible for establishing at least one arbitration committee for consumer problems in provincial and district centers in order to find solutions to disputes arising from the implementation of this Law.
Arbitration committee for consumer issues conducted by the Provincial Director of Industry and Trade of the Presidency or an officer to be appointed; It consists of five members, including the president, a member to be appointed by the mayor from among the expert municipal personnel, a member to be appointed from among the members of the bar association, a member to be appointed by the chamber of commerce and industry and chambers of tradesmen and craftsmen, and a member to be elected by consumer organizations. The member to be assigned by the chamber of commerce and industry or by the chamber of commerce and the chambers of tradesmen and craftsmen in places where it is established separately, is appointed by the relevant chamber, depending on whether the person forming the seller's side of the dispute is a merchant or a tradesman and craftsman.
In the provinces and districts where there is no provincial organization of the Ministry, the chairmanship of the arbitration committee for consumer problems is carried out by the highest civilian chief or an officer to be appointed. In places where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the composition of the arbitration committee for consumer problems cannot be ensured, the missing memberships are filled ex officio by the municipal councils.
At least one rapporteur is assigned to the arbitration committees for consumer problems to prepare the files that will be the basis for the work and decisions of the committee and to present the report on the dispute.