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Legal Rights
LAW ON THE PROTECTION OF CONSUMER NO 4077 AMENDED BY LAW NO 4822
Purpose, Scope, Definitions
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 develop policies in this regard. to regulate the issues related to encouraging voluntary organizations.
Scope
Article 2- This The 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: The Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Property: Movable goods subject to shopping, immovable for residence and vacation purposes goods and software, audio, video and similar intangible goods prepared for use in the electronic environment,
d) Service: Other than providing goods for a fee or benefit all kinds of activities,
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: All kinds of legal transactions between the consumer and the seller-provider in the goods or service markets,
ı) Manufacturer-Manufacturer: Public legal entity Those who produce the goods or services offered to the consumer, including the persons, 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: The real or real person or person who has the advertisements of his company or the goods/service brand prepared in order to promote the goods/services he/she produces or markets, to increase sales or to create and strengthen his/her image, publish, distribute or display in other ways. legal person,
m) Advertiser: 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. person,
n) Media organization: The 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: By the relevant Ministry specifying one or more of the features, processing and production methods, related terminology, symbols, packaging, marking, labeling and conformity assessment procedures of a product and service, including the relevant administrative provisions. All kinds of regulations that have to be complied with, including the standards that are published in the Official Gazette and put into compulsory practice,
p) Consumer organizations: Associations, foundations or their
PART TWO
CONSUMER PROTECTION AND LIGHTING
Defective Goods
Item 4- In its package, label, introduction and user manual or Goods with material, legal or economic deficiencies, which are in contradiction with the quantity that affects the quality or quality, included in the advertisements and announcements or notified by the seller or determined in its standard or technical regulation, or which reduce or eliminate its value in terms of allocation or usage purpose or the benefits expected from it by the consumer, 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 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. 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 in accordance with 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. The fact that the goods sold are not known to be defective does not remove this responsibility. Even if the defect occurs later, it is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer. 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 put on the market. However, if the defect of the goods sold is concealed 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 containing the phrase "disabled" on the defective goods to be offered for sale or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. It is not obligatory to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods 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. The provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are applied to these products. ;
Defective Service
Article 4/A- In advertisements and announcements notified by the Provider or Services that are contrary to the quality or quantity affecting the quality determined in the standard or technical rule, or that contain material, legal or economic deficiencies that reduce or eliminate its value in terms of the purpose of benefiting or the benefits expected by the consumer, are considered as defective services.
The consumer is obliged to notify the provider 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 the defect. 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.
The provider, the dealer, the agency and the creditor according to the fifth paragraph of Article 10, are responsible for the defective service and the reason for the defective service. He is jointly and severally liable for all kinds of damages and the consumer's optional rights in this article. Not knowing that the service provided is defective does not remove this responsibility.
If the warranty is not given for a longer period, the claims to be made due to the 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 defect of the service provided is concealed from the consumer by gross negligence of the provider or fraudulent, the statute of limitations cannot be used. The above provisions do not apply to the services obtained.
These provisions also apply to any consumer transaction regarding the provision of services.
Avoiding Sales
Article 5- A good 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 the showcase, shelf or any other clearly visible place of a commercial establishment. ;
If there is no custom, commercial or custom on the contrary, the seller sells a good or service on conditions such as the quantity, number or size determined by the good or service itself, or It cannot make it dependent on the purchase of another good or service.
This provision is also applied in other goods sales and service provision agreements.
Unfair Terms in Contracts
Article 6- The seller or the supplier unilaterally put into the contract without negotiating with the consumer, the parties arising from the contract. The contractual conditions that cause an imbalance against the consumer in violation of the good faith rule in his rights and obligations are unfair terms.
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, certain elements of a condition in this contract or an individual provision have been negotiated, and this article should be applied to the rest of the contract.
If a vendor or supplier claims that a standard requirement has been discussed individually, the burden of proof rests on it.&;
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 font size. and in bold black letters and in the absence of one or more of the conditions required in the contract, the deficiency does not affect the validity of the contract. This shortcoming is immediately remedied by the seller or supplier.
The Ministry determines the procedures and principles regarding the determination of unfair terms in standard contracts and ensuring that they are removed from the contract text. ;
Sales in Installments
Article 6/A- Sale in installments means that the sale price must be at least It is the type of sale where the goods or services are delivered or performed at the time the contract is drawn up. 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 supplier,
b) Cash sale price of the good or service in Turkish Lira including taxes,
c) To maturity the total sales price in Turkish Lira to be paid together with the interest,
d) Not to exceed thirty percent of the interest amount, the annual rate at which the interest is calculated, and the interest rate determined in the contract. late payment interest rate,
e) Down payment amount,
f) Payment plan,
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 the consumer a copy of the contract concluded between the parties. . If a negotiable bill is to be issued separately from the contract, this bill shall be issued separately for each installment payment and only in registered form. 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, provided that it is not less than one installment amount. In both cases, the seller is obliged to make the necessary interest reduction according to the amount paid. if it has reserved the right, this right; It can only be used if the seller or the supplier 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 supplier to exercise this right, they must give at least one week to warn of maturity.
Contract terms cannot be changed against the consumer in any way.
Timeshare Holiday
Article 6/B- Timeshare contracts are for at least three years It is a written contract or a group of contracts, one of which is obligatory to be given to the consumer, and which includes the transfer or commitment of the use of one or more immovables for a certain or determinable period of the year and not less than one week during this period.
The Ministry determines the procedures and principles regarding timeshare agreements.
Package Tour
Article 6/C- Package tour contracts; are pre-arranged written contracts that are sold at an all-inclusive price or with a commitment to sell at least two of the transportation, accommodation and other touristic services that are not considered auxiliary, and 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 Sales
Article 7- By accepting a participant in the campaigns organized by announcing to the consumer through campaign sales, newspaper, radio, television advertisement and similar means, and the delivery or performance of the good or service later on.
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 sales with campaigns.
In case the delivery or performance of the announced and promised goods or services is not done at all or properly, 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.
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 goods or services to the consumer is not exceeded.
In addition to the information specified in the second paragraph of article 6/A, in the written contract that organizes the campaign, the "campaign end date" and the "delivery or fulfillment date and manner of the goods or services" are included in the written contract. must give a copy of the contract, including the information, to the consumer.
Unless otherwise agreed in the contract, the prepayment amount cannot be more than forty percent of the sales price of the goods or services.
The delivery period of the goods or the performance of the service cannot exceed twelve months in campaign sales. This period is thirty months for residential and holiday immovable properties. must be done within one month at the latest.
Provisions of article 6/A are also applied for sales with campaign installments.
Door Sale
Article 8- Door to door sales; are sales made outside of sales venues such as workplaces, fairs and fairs.
The Ministry determines the qualifications to be sought in door-to-door sales, door-to-door sales and door-to-door sales, which are subject to this Law or not. determines the application procedures and principles regarding the application.
In this type of sales; The consumer accepts the goods within fifteen days from the date of receipt or without giving any reason and without any obligation.
Consumer Loan
Article 10- A consumer loan is a loan that consumers receive in cash from a lender for the purpose of acquiring a good or service. The consumer loan agreement must be made in writing and a copy of this contract must be given 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) The total amount of debt with interest and other factors,
c) The annual rate at which the interest is calculated,
d) Payment dates Payment plan in which principal, interest, fund and other expenses are specified separately,
e) Guarantees to be requested,
f) Overdue interest not exceeding thirty percent of the contractual interest rate. rate,
g) Legal consequences of the debtor's default,
h) Conditions for closing the loan before its maturity,
i) Foreign loans If it is used in currency, there are conditions regarding the exchange rate on which date will be taken into account in calculating the installments for repayment and the total loan amount. If it has reserved the right to demand the performance of the remaining debt in the event that a few or more of them 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 creditor to exercise this right, he/she 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 request the performance of the debt from the guarantor without applying to the main debtor.
The consumer can pay the total amount owed to the creditor in advance, or he can 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 deduction will be made according to the amount paid. or in the event that the goods or services sold are not delivered or performed at all or on time, the creditor shall be jointly and severally liable with the seller or the supplier against the consumer.
The creditor is forbidden to bind the payments to a negotiable instrument or to secure the credit by accepting the negotiable instruments. If a valuable paper is to be taken from the consumer despite this prohibition, the consumer has the right to demand this valuable paper back from the creditor. In addition, the lender is obliged to compensate the loss incurred by the consumer due to the endorsement of the valuable paper. The loans that are converted or used by cash withdrawal with a credit card are also subject to the provisions of Article 10. However, the clauses (a), (b), (h) and (ı) of the second paragraph of Article 10 and the provisions 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 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 clause (f) of Article 10.
Notifying the consumer of the interest increase thirty days in advance. has to. The interest rate increased by the lender cannot be applied retrospectively. If the consumer pays all the debt and ends using credit within sixty days at the latest from the notification date, he/she is not affected by the interest increase.
In cases where goods or services are purchased with a credit card, The seller or the provider cannot ask the consumer to make an additional payment under a commission or similar name.
Periodicals
Article 11- Tickets issued by periodicals and for whatever purpose and form In cases where it is committed to provide a second product and/or service other than periodicals, by means of coupons, participation numbers, games, lotteries and similar means; No commitment or distribution of goods or services can be made, except for cultural products such as books, magazines, encyclopedias, banners, flags, posters, verbal or visual magnetic tapes or optical discs, which are not contrary to the purposes of periodical publishing. If a campaign is organized for this purpose, the duration of the campaign cannot exceed sixty days. A part of the price of the goods or services that are the subject of the campaign cannot be demanded by the consumer. and 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.
Not regulated by periodicals, but Campaigns that 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.
Subscription of the seller consumer He is obliged to fulfill his request within fifteen days at the latest from the date of receipt of the written notification. 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 be put into effect after the first publication after the notification.
The seller is obliged to return the remainder of the subscription fee within fifteen days without any deduction. .
Price Label
Item 12- Items or packages offered for retail sale It is obligatory to put labels on the containers, which include the price, place of production and distinctive features, including all taxes, in an easily visible and legible manner, and in cases where it is not possible to put a label, the lists containing the same information must be hung in suitable places so that they can be seen.
Lists showing tariffs and prices of services are also arranged and hung in accordance with the first paragraph.
The price specified in the labels, price and tariff lists If there is a difference between the price of the cash register and the price, the sale is made over the price in favor of the consumer.
Price; It is forbidden to sell 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 price.
The Ministry, regulates the form, content, procedures and principles of labels and tariff lists with a regulation. 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 guarantee certificate approved by the Ministry for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is completed and delivered to the consumer. The warranty period starts from the delivery date of the goods and is minimum two years. However, due to its characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
Price Label
Item 12- Placing an easily visible and legible label on the goods offered for retail sale, including the price, place of production and distinctive features, including all taxes related to that product, and hanging the lists containing the same information in suitable places where it is not possible to put the label It is obligatory.
Lists showing tariffs and prices of services are also arranged and posted in accordance with the first paragraph.
In case of a difference between the price stated on the label, price and tariff lists and the price of the safe, sales are made over the price in favor of the consumer.
Price; It is forbidden to sell 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 price.
The Ministry, regulates the form, content, procedures and principles of labels and tariff lists with a regulation. 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 guarantee certificate approved by the Ministry for the industrial goods they import or produce. It is the seller, dealer or agency's responsibility to ensure that the warranty certificate containing the date and number of the invoice for the goods is completed and delivered to the consumer. The warranty period starts from the delivery date of the goods and is minimum 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 the goods without demanding any labor cost, replacement part cost or any other fee under any other name.
If the consumer has used his right to repair, he can use his other optional rights in article 4, in cases where the inability to benefit from the goods is permanent due to frequent breakdowns during the warranty period, or if the maximum time 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, the dealer, the agency, the manufacturer-manufacturer and the importer are jointly responsible. are outside the scope of the provisions of the second and third paragraphs.
The Ministry determines 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 in accordance with Turkish Standards. It is responsible for determination and announcement by taking the opinion of the Institute.
Introduction and User Guide
Item 14- It is obligatory to sell domestically produced or imported industrial goods with a Turkish guide on promotion, use, maintenance and simple repair and, if necessary, with labels containing international symbols and signs.
The Ministry is in charge of determining which of the industrial goods must be sold with a promotional and user manual and labels and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute and making an announcement.
After-Sales Services
Article 15- Manufacturers or importers shall ensure that the industrial goods they sell, produce or import shall be adequate for the useful life of the goods determined and announced by the Ministry. They have to provide maintenance and repair services by keeping technical personnel and spare parts stock. The amount of spare parts stock that manufacturers or importers should keep is determined by the Ministry. the new importer of the goods has to present it.
The Ministry, by taking the opinion of the Turkish Standards Institute, determines the procedures and principles regarding the establishment of service stations for which goods and the establishment and operation of the service stations. in charge of determination and announcement.
Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, it is obliged to repair the goods without demanding any labor cost, replacement part cost or any other fee under any other name.
If the consumer has used his right to repair, he can use his other optional rights in article 4, in cases where the inability to benefit from the goods is permanent due to frequent breakdowns during the warranty period, or if the maximum time 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, the dealer, the agency, the manufacturer-manufacturer and the importer are jointly responsible. are outside the scope of the provisions of the second and third paragraphs.
The Ministry determines 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 in accordance with Turkish Standards. It is responsible for determination and announcement by taking the opinion of the Institute.
Introduction and User Guide
Item 14- It is obligatory to sell domestically produced or imported industrial goods with a Turkish guide on promotion, use, maintenance and simple repair and, if necessary, with labels containing international symbols and signs.
The Ministry is in charge of determining which of the industrial goods must be sold with a promotional and user manual and labels and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute and making an announcement.
After-Sales Services
Article 15- Manufacturers or importers shall ensure that the industrial goods they sell, produce or import shall be adequate for the useful life of the goods determined and announced by the Ministry. They have to provide maintenance and repair services by keeping technical personnel and spare parts stock. The amount of spare parts stock that manufacturers or importers should keep is determined by the Ministry. the new importer of the goods has to submit it.
The Ministry, by taking the opinion of the Turkish Standards Institute, determines the procedures and principles regarding the establishment of service stations for which goods and the establishment and operation of the service stations.
In the event that an industrial product that has to be sold with a warranty certificate fails after the warranty period, it is obligatory to repair that product within the maximum repair period determined by the Ministry. ;
Commercial Advertisements and Announcements
Article 16- Commercial advertisements and announcements shall comply with the laws, Advertisement It is essential that they comply with the principles, general morality, public order, and personal rights determined by the Board of Directors. Advertisements and advertisements that are harmful, endanger the life and property of the consumer, encourage acts of violence and committing crimes, disrupt public health, exploit patients, the elderly, children and the disabled, and covert advertisements cannot be made.
Comparative advertisements of competing goods and services that meet the same needs or for the same purpose can be made.
Advertiser, commercial advertisement or advertisement The buyer is obliged to prove the concrete claims.
Advertisers, advertisers and media organizations are obliged to comply with the provisions of this article.
Advertisement Board
Article 17-To determine the principles to be followed in commercial advertisements and advertisements, to examine commercial advertisements and advertisements within the framework of these principles and to conclude the examination. According to the Law, an Advertisement Board is established to prevent advertisements and announcements contrary to the provisions of Article 16 as a precautionary measure and/or stop and/or correct and/or fine with the same method for up to three months. Advertising Board decisions are implemented by the Ministry.
The Advertising Board 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.
The 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 General Managers,
b) A member to be appointed by the Ministry of Justice from among the judges working in administrative duties in this Ministry,
c) A member specialized in advertising to be appointed by the Turkish Radio-Television Corporation,
d) A member to be chosen by the Council of Higher Education from among university lecturers who are experts in the field of advertising,
e) A doctor member to be appointed by the Central Council of the Turkish Medical Association,
f) A lawyer member to be appointed 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 a member to be elected from among themselves,
i) A member to be elected by the advertisers associations or, if any, their higher organizations,
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 their superior organizations,
k) To be assigned by the Union of Chambers of Agriculture of Turkey one member,
l) One 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 the confederations of trade unions,
r) A member of the confederation of civil servant unions,
s) Turkey Certified Public Accountants and Certified Public Accountants A member to be appointed by the Union of Chambers of Financial Advisors,
t) A member to be elected by Ankara, Istanbul and Izmir Metropolitan Municipalities from among themselves,
u) One member from the Turkish Pharmacists' Association,
v) One member from the Turkish Dental Association, consisting of twenty-five members
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 become vacant for any reason, appointments or elections are made within one month within the principles of the third paragraph.
The Board is at least once a month or whenever needed. It convenes upon the call of the Chairman.
The Board convenes with the presence of at least fourteen members, including the Chairman, and decides with the majority of those attending the meeting.
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 non-commissioned board members is determined by the Ministry after obtaining the approval of the Ministry of Finance.
The secretariat services of the Board are carried out by the Ministry.
Board of Advertisement decisions are announced by the Board of Advertisement in order to inform and enlighten consumers and protect their economic interests. how it will be carried out is 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 use of the consumer may be harmful or dangerous to the person's physical and mental health and the environment, explanatory information and warnings regarding this situation shall be placed on them or in the attached user manuals so that these goods can be used safely, or
The Ministry shall determine and announce 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 institutions.
Article 19- Goods and services offered to the consumer; It should be in compliance with the technical regulation, which must be complied with, including the standards published in the Official Gazette by the relevant ministries. is in charge. The procedures and principles regarding the inspection of goods and services are determined and announced separately by each relevant ministry.
Training the Consumer
Article 20- The Ministry of National Education makes necessary additions to the curriculum of formal and non-formal education institutions on consumer education.
Educating the consumer The procedures and principles regarding the organization of programs on radio and television in order to raise awareness and awareness are determined and announced by the Ministry upon the recommendation of the Consumer Council.
THIRD SECTION
CONSUMER ORGANIZATIONS
Consumer Council
Article 21- To investigate the necessary measures to protect the problems, needs and interests of the consumer, A "Consumer Council" is established under the coordination of the Ministry in order to convey the opinions on the measures to be taken to solve the problem in line with consumer rights and the measures for the implementation of this Law, to be handled with priority by the relevant authorities.
Consumers Council, under the chairmanship of the Minister or a Ministry official to be appointed, the ministries of Justice, Internal Affairs, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, and the Undersecretariat of the State Planning Organization, Undersecretariat of Treasury, Foreign Trade. Undersecretariat of Turkish Patent Institute, Presidency of State Institute of Statistics, 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, Union of Turkish Engineers and Architects Chambers , Turkish Pharmacists Association, Turkish Medical Association, Turkish Dentists Association, Turkish Veterinary Medical Association, Confederation of Tradesmen and Craftsmen of Turkey, Union of Chambers and Commodity Exchanges of Turkey, Banks Association of Turkey, Association of Turkish Travel Agencies, Association of Turkish Hoteliers, Union of Chambers of Agriculture of Turkey, Consumption Cooperatives It consists of the Center Union, Ahilik Research and Culture Foundation and the representatives of consumer organizations. The minimum number of members they must have 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.
The working procedures and principles of the Consumer Council and other matters 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, which is chaired by the Provincial Director of Industry and Commerce or an officer to be appointed; It consists of five members, including the president, one member to be appointed by the mayor from among the expert municipal personnel, one member to be appointed from among the members of the bar association, one 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 appointed 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 assigned to the relevant chamber according to whether the person forming the seller side of the dispute is a merchant or a tradesman and craftsman.
In provinces and districts where there is no provincial organization of the Ministry, the presidency of the arbitration committee for consumer problems is carried out by the highest civilian chief or an officer to be appointed. Where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the formation 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 appointed to present the report on the subject. In these conflicts, decisions made by the delegation obliges the sides. These decisions are carried out in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the writs. The parties may appeal to the consumer court against these decisions within fifteen days. The appeal does not stop the execution of the decision of the arbitral tribunal of consumer problems. However, upon request, the judge may suspend the execution of the arbitral tribunal's decision on consumer problems by injunction. The decision of the consumer court upon the objection made against the decisions of the arbitral tribunal for consumer problems is final. may be invoked as evidence. The monetary limits on whether decisions will be binding or evidentiary increase at the rate of the annual average price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October of each year. This situation is announced by the Ministry in the Official Gazette in December every year.
25. All disputes, except the matters subject to penal sanction in the article, are within the scope of the duties and powers of the arbitration committees for consumer problems. The principles and procedures regarding the payment of the attendance fee are determined by the Ministry with the approval of the Ministry of Finance, provided that the amount to be paid in a month does not exceed the amount to be found by multiplying the 2000 indicator number with the civil servant monthly coefficient.
The establishment of arbitration committees for consumer problems, working procedures and principles and other issues are regulated in a regulation to be issued by the Ministry.
PART FOUR
PROVISIONS ON TRIAL AND PENALTY
Consumer Courts
Article 23- All kinds of disputes that may arise regarding the implementation of this Law will be dealt with in consumer courts. The jurisdiction of the consumer courts is determined by the Supreme Council of Judges and Prosecutors. Expertise fees in lawsuits to be filed by consumer organizations are covered by the Ministry from the special allowance recorded in accordance with Article 29. In the event that the case is concluded against the defendant, the expert fee is collected from the defendant in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Claims, and a special income is recorded in the budget in accordance with the principles set out in Article 29. Cases to be heard in consumer courts are carried out in accordance with the provisions of Chapter Seven, Chapter Four of the Code of Civil Procedure.
Consumer lawsuits can also be filed in the court of residence of the consumer.
Ministry and consumer organizations can file lawsuits in consumer courts in order to eliminate the unlawful situation due to the violation of this Law in cases where there is no individual consumer problem and which concerns consumers in general.
When necessary, consumer courts may decide to stop the violation as a precautionary measure. Injunction decisions deemed appropriate by the Consumer Court are immediately announced by the Press Advertisement Agency in one of the newspapers published at the country level, and also in a local newspaper, if any, published in the place where the case was filed, to be taken from the party whose expense is later found wrong and to be recorded as special revenue to the budget in accordance with the principles set out in Article 29. ;
Consumer Court decisions to eliminate the illegal situation are announced immediately with the same method, with the expense of being collected from the defendant.
Suspension of Production, Sale and Collection of Goods
Article 24- In case a serial product offered for sale is defective, the Ministry, consumers or consumer organizations, Can file a lawsuit to stop the production and sale of the defective serial goods and to have them collected from those who hold them for sale. The sale of the goods is temporarily suspended. The manufacturer-manufacturer and/or importer company is warned in order to eliminate the defect of the goods within three months at the latest from the notification date of the court decision. If it is impossible to eliminate the defect of the goods, the goods are collected or made to be collected by the producer-manufacturer and/or the importer. The seized goods are partially or completely destroyed or made to be destroyed according to the risks they carry. Provisions of the Law on the Preparation and Implementation of Technical Legislation are reserved.
Consumers who purchase defective goods reserve the right to file a lawsuit for material and moral damages suffered.
4. In the event that a series of defective goods subject to the provisions of the sixth paragraph of the article are offered for sale, the provisions of this article do not apply.
Goods Appearing Different From What They Are
Producing, marketing, importing and exporting goods that look different from what they are and therefore put the health and safety of consumers at risk by mixing with food products by consumers is prohibited.
If the goods are put on the market, the provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are applied. Consumers' right to sue due to material and moral damages they suffer are reserved.
Penalties
Article 25-6. Pursuant to the seventh paragraph of the article, a fine of 50,000,000 Turkish Liras is imposed for each contract that is found to be in violation of the procedures and principles determined by the Ministry.
4. in the seventh paragraph of the article, in the 5th paragraph, in the sixth paragraph of the 6th article, in the 6/A article, in the procedures and principles determined by the Ministry in accordance with the 6/B, 6/C articles, in the fifth paragraph of the 7th article, in the 9th article, in the 9/A article, 10 A fine of 100,000,000 TL is imposed on those who violate the obligations set forth in Article 10/A, second and fourth paragraphs of Article 11/A, and the obligations set forth in Articles 12, 13, 14, 15 and 27.
7. A fine of 250,000,000 Turkish liras shall be imposed on those who violate the obligations set forth in the fourth and sixth paragraphs of the article and article 8.
20. In accordance with the second paragraph of the article, a fine of 500.000.000 Turkish Liras is imposed for violation of the procedures and principles determined and announced by the Ministry. If the violation is committed by radio and television broadcasting at the country level, ten times the penalty is applied.
18. A fine of 1,000,000,000 TL is imposed on the manufacturer-manufacturer and importer who violate the article, and one-fifth of this fine is imposed on the seller-supplier.
11. A fine of 5,000,000,000 Turkish lira is imposed on those who violate the article. If the violation has occurred with a periodical broadcasting at the country level, twenty times the penalty will be applied. The Ministry also requests the periodical broadcasting organization to stop the campaign and all kinds of advertisements and announcements related to the campaign. If the violation persists despite this request, a fine of 100,000,000,000 TL is imposed for each issue day from the date on which the obligation to stop the advertisement and announcement arises. The Ministry applies to the Consumer Court with a request to stop the campaign and all kinds of advertisements and announcements related to the campaign.
16. A precautionary stop and/or suspension and/or correction and/or a fine of 3,500,000,000 Turkish liras shall be imposed on those who violate the article. The Board of Advertisement may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 is realized through written, oral, visual and other means broadcasting at the country level, the fine is applied as ten times.
7. Those who violate the seventh and eighth paragraphs of the article are fined in proportion to the invoice price of the goods or services that are the subject of the campaign. If the organizer of the campaign makes a refund when the consumer leaves the campaign, this penalty is not applied.
7. Those who violate the second paragraph of the article are given one week to organize campaigns in accordance with the provisions of article 7. If it is determined that the violation continues at the end of this period, a fine of 50.000.000.000 TL is imposed on those who violate this provision and those who violate the obligations set forth in Articles 24 and 24/A.
The fines specified in the paragraphs above are applied twice if the act is repeated within a year. Fines are increased at the beginning of each year in accordance with the provisions of additional article 2 of the Turkish Penal Code No. 765. penalty is applied.
Authority, Objection and Time Limit in Penalties
Article 26-25 Penalties in paragraphs one, four, seven, eight, nine and ten of Article . All fines are of an administrative nature. Against these penalties, an objection can be made to the competent administrative court within seven days at the latest from the date of notification. The objection does not stop the execution of the penalty imposed by the administration.
25. Fines imposed according to this article are collected in accordance with the provisions of the Law on Collection of Public Receivables. The statute of limitations begins on the date when the act contrary to the provisions of this Law is committed. starts. The fact that a judicial remedy has been applied against the decision breaks the statute of limitations for collection.
Penalties are notified to the professional organization of the person concerned within seven days by the competent authority to impose the penalty.
PART FIVE
MISCELLANEOUS PROVISIONS
Audit
Article 27- In the implementation of this Law, Ministry inspectors and controllers and personnel to be assigned by the Ministry and municipalities; They are authorized to conduct inspections, inspections and research in places such as factories, stores, shops, trades, warehouses, warehouses, where all kinds of goods are put and/or sold or service is provided.
It is obligatory to present all kinds of information and documents correctly and to give the original and certified copies to the authorized and authorized persons and institutions regarding the matters within the scope of this Law.
Laboratory ;
Article 28- Except for the analysis of drugs, preparations, cosmetics and foodstuffs, the Ministry may benefit from the laboratories established by official and private institutions for the implementation of this Law.
The tests and examinations of the samples taken during the inspections carried out by the Ministry can be carried out in official or private laboratory laboratories. Test and inspection fees are covered from the special allowance in article 29. In case the test and inspection results are contrary to the relevant standard or technical regulation, all related expenses are paid by the manufacturer or importer. These expenses are collected in accordance with the provisions of the Law No. 6183 on Collection of Public Receivables. The test and inspection fees collected are recorded as special revenue in the budget according to the principles set out in article 29.
Allowance
Article 29- Expenses related to the establishment and work of the Consumer Council, consumer problems arbitration committees and the Advertisement Board, financial aids to consumer associations and their superior organizations, expenses of the Ministry for the purpose of protecting the consumer, other expenditures and procedures and principles of the Ministry of Finance In the additional payment to be made to the personnel in the amounts to be determined by the Ministry of Industry and Trade upon its opinion; br>
b) The capital of all partnerships with the status of joint stock and limited liability companies to be established and in case of a capital increase, one-thousandth of the increased amount is met from the payments to be made.
Revenues specified in clause (b) are paid by the Central Bank of the Republic of Turkey or its correspondent T.C. It is collected in the account to be opened at Ziraat Bank. Sixty percent of the amounts collected in this account are transferred to the account of the Central Accounting Office of the Ministry of Industry and Trade, and forty percent to the account of the Competition Authority at the end of each month.
Amounts transferred to the account of the Central Accounting Office On the one hand, special revenue is recorded by the Ministry of Finance, on the other hand, a special appropriation is recorded by the Ministry of Industry and Trade for the existing or new schemes to be opened.
Some of the amounts recorded as special appropriation in the budget of the Ministry; It is used to support projects that involve the activities of consumer associations independent of commercial, political and administrative organizations that have been operating for at least five years, and their superior organizations. From this account, no payments can be made under the name of attendance fee and salary to those who work in the management and audit boards of consumer associations and their superior organizations. Consumer associations that will benefit from this account and other criteria to be met by their parent organizations are regulated by a regulation to be prepared jointly by the Ministry of Industry and Trade and the Ministry of Finance. The Minister of Finance is authorized to record the special income and special appropriations, which are not spent in the following year, from the amounts that are not spent in the following year.
Other Provisions
Article 30- General provisions apply in cases where there is no provision in this Law.
Regulations and Other Regulations
Article 31- The regulations envisaged in this Law are issued by the Ministry within one year following the publication of the Law, by taking the opinions of the relevant public institutions, professional higher organizations and consumer organizations. The Ministry is authorized to take the necessary measures and make arrangements within the framework of the legislation regarding the implementation of this Law.
Repealed Provisions
Article 32-3489 Law on the Obligation to Sell Without Negotiations, Law No. 632 on the Sale of Imported or Domestically Produced Vehicles, Engines, Machinery, Tools and Devices with Advertisement, Control of Cost and Sales Prices of Industrial Products No. 3003
Temporary Article 1- Credit card debts that are not paid due to the debtor's default before the publication of this Law, or that are at the stage of enforcement proceedings or that are subject to enforcement proceedings. is paid in twelve equal installments, with a default interest not exceeding fifty percent per annum, to the principal on the date of default. It stops with the payment of the first installment according to the provision, and disappears with all its consequences with the payment of the last installment.
Effectiveness
Article 33- of this Law ; Article 29 and the provisional article 1 will enter into force on the date of publication, and the other articles three months after the date of publication.
Execution
Article 34- The provisions of this Law are executed by the Council of Ministers.
IMPLEMENTATION PROCEDURES AND PRINCIPLES OF DISTANCE AGREEMENTS TO MAKE CHANGES IN THE REGULATION REGULATION REGARDING
ARTICLE 1 – Article 4 of the Regulation on Implementation Procedures and Principles of Distance Contracts, published in the Official Gazette dated 13/6/2003 and numbered 25137, j) clause has been added:
"j) Permanent data carrier: In a way that allows the consumer to examine the information personally sent to him for a reasonable period of time in accordance with the purpose of this information. all kinds of tools that enable the recording of the recorded information and allow access to the same information,"
ARTICLE 2 – The first sentence of the first paragraph of Article 5 of the same Regulation has been changed as follows and The following paragraph has been added. "The consumer is informed in a clear, comprehensible and appropriate way by the means of communication used, by giving the information form containing all of the following information, before the conclusion of the distance contract." "In the case of using verbal communication tools, it is also obligatory for the seller or supplier to clearly inform the consumer at the beginning of each conversation, about his identity and the commercial purpose of the conversation."
ARTICLE 3 – Article 6 of the same Regulation has been amended as follows.
"ARTICLE 6 – The information form specified in Article 5 of this Regulation must be given to the consumer before the conclusion of the contract. Contract cannot be concluded unless he/she confirms in writing that he/she has obtained this information.Confirmation process is done in electronic environment, again in electronic environment.For goods, the seller or the supplier, in writing before the contractual goods reach the consumer, for services at the latest before the execution of the contract; The consumer has to deliver the information form to the consumer with another continuous data carrier that can be used by the consumer or is permanently accessible."
ARTICLE 4 – The first paragraph of Article 7 of the same Regulation is as follows: has been amended: "The distance contract is signed by the consumer.
Some of the amounts recorded as special appropriation in the budget of the Ministry; It is used to support projects that involve the activities of consumer associations independent of commercial, political and administrative organizations that have been operating for at least five years, and their superior organizations. From this account, no payments can be made under the name of attendance fee and salary to those who work in the management and audit boards of consumer associations and their superior organizations. Consumer associations that will benefit from this account and other criteria to be met by their parent organizations are regulated by a regulation to be prepared jointly by the Ministry of Industry and Trade and the Ministry of Finance. The Minister of Finance is authorized to record the special income and special appropriations, which are not spent in the following year, from the amounts that are not spent in the following year.
Other Provisions
Article 30- General provisions apply in cases where there is no provision in this Law.
Regulations and Other Regulations
Article 31- The regulations envisaged in this Law are issued by the Ministry within one year following the publication of the Law, by taking the opinions of the relevant public institutions, professional higher organizations and consumer organizations. The Ministry is authorized to take the necessary measures and make arrangements within the framework of the legislation regarding the implementation of this Law.
Repealed Provisions
Article 32-3489 Law on the Obligation to Sell Without Negotiations, Law No. 632 on the Sale of Imported or Domestically Produced Vehicles, Engines, Machinery, Tools and Devices with Advertisement, Control of Cost and Sales Prices of Industrial Products No. 3003
Temporary Article 1- Credit card debts that are not paid due to the debtor's default before the publication of this Law, or that are at the stage of enforcement proceedings or that are subject to enforcement proceedings. is paid in twelve equal installments, with a default interest not exceeding fifty percent per annum, to the principal on the date of default. It stops with the payment of the first installment according to the provision, and disappears with all its consequences with the payment of the last installment.
Effectiveness
Article 33- of this Law ; Article 29 and the provisional article 1 will enter into force on the date of publication, and the other articles three months after the date of publication.
Execution
Article 34- The provisions of this Law are executed by the Council of Ministers.
IMPLEMENTATION PROCEDURES AND PRINCIPLES OF DISTANCE AGREEMENTS TO MAKE CHANGES IN THE REGULATION REGULATION REGARDING
ARTICLE 1 – Article 4 of the Regulation on Implementation Procedures and Principles of Distance Contracts, published in the Official Gazette dated 13/6/2003 and numbered 25137, j) clause has been added:
"j) Permanent data carrier: In a way that allows the consumer to examine the information personally sent to him for a reasonable period of time in accordance with the purpose of this information. all kinds of tools that enable the recording of the recorded information and allow access to the same information,"
ARTICLE 2 – The first sentence of the first paragraph of Article 5 of the same Regulation has been changed as follows and The following paragraph has been added. "The consumer is informed in a clear, comprehensible and appropriate way by the means of communication used, by giving the information form containing all of the following information, before the conclusion of the distance contract." "In the case of using verbal communication tools, it is also obligatory for the seller or supplier to clearly inform the consumer at the beginning of each conversation, about his identity and the commercial purpose of the conversation."
ARTICLE 3 – Article 6 of the same Regulation has been amended as follows.
"ARTICLE 6 – The information form specified in Article 5 of this Regulation must be given to the consumer before the conclusion of the contract. Contract cannot be concluded unless he/she confirms in writing that he/she has obtained this information.Confirmation process is done in electronic environment, again in electronic environment.For goods, the seller or the supplier, in writing before the contractual goods reach the consumer, for services at the latest before the execution of the contract; The consumer has to deliver the information form to the consumer with another continuous data carrier that can be used by the consumer or is permanently accessible."
ARTICLE 4 – The first paragraph of Article 7 of the same Regulation is as follows: has been amended: "The distance contract is signed by the consumer.
"The seller or the supplier is obliged to give the information in the 5th article and the contract in the 7th article to the consumer before the delivery or performance of the goods or services that are the subject of the distance contract to the consumer and to obtain the approval for the confirmation of the preliminary information within the obligations specified in the 6th article. In case of dispute The burden of proof lies with the seller or supplier."
ARTICLE 7 – This Regulation enters into force on the date of its publication.
ARTICLE 8 – The provisions of this Regulation are executed by the Minister of Industry and Trade.
NEW IMPLEMENTATION IN ACCORDANCE WITH THE GENERAL COMMUNIQUE OF TAX PROCEDURE LAW NO. 385 ON RETURN OF PRODUCTS ;
If you are not a taxpayer; When returning the product you have purchased, you must fill in the information in the relevant return section of the invoice of our company, sign it, and send it back to us together with the product. Otherwise, your return process will not be completed.
General Return Conditions:
Returns are absolute It should be made with its original box or packaging. Returns of products that have lost their resaleability and cannot be purchased by another customer are not accepted.
The original invoice (with the product you want to return) is not accepted. You need to send a petition containing all the copies you have) and the reason for the return.
If the product/products you want to return are defective, the shipping fee is covered by our company. In this case, you have to send with YURTİÇİ KARGO together with the notification form you filled out on our site. In other cases, the shipping fee belongs to you.
For products that may have incompatibility problems in product selection, you should definitely place an order with technical support for compatibility. When the original packaging of this type of product is opened, it is not possible to return it.
Pre-Sales Information Form and Text of Distance Sales Agreement
ARTICLE 1) PARTIES
SELLER
Title: ... (Hereinafter referred to as SELLER )
Address: ...
Tel. : ...
Fax : ...
Email : ...
RECIPIENT
Name-Surname: ... (hereinafter referred to as BUYER)
Address: ...
Tel. : ...
Email : ...
VN / TCKN : ...
VD : ...
ARTICLE 2) SUBJECT
The subject of this contract is the BUYER's www.stemistbox.com which belongs to the SELLER. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, whose qualifications and sales price are stated below, which are made electronically on the website.
BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions etc. He/she accepts and declares that he/she has knowledge of all preliminary information and the right of withdrawal regarding the product subject to sale and confirms this preliminary information electronically, and then orders the product subject to this contract. The preliminary information and invoice on the www.stemistbox.com website are an integral part of this agreement.
ARTICLE 3) PRODUCT FEATURES, DELIVERY AND PAYMENT
PRODUCT INFORMATION
Sales Price (including VAT): ...
Shipping Fee : ...
Payment Method and Plan : ...
Delivery Address : ...
Delivery Person : ...
Invoice Address : . ..
Except for pre-orders, the product subject to the contract, provided that it does not exceed the legal 30-day period, for each product, depending on the distance of the BUYER's place of residence, within the period described in the delivery and order section of the website, the BUYER or the person at the address / delivered to the institution. This period can be extended for a maximum of 10 days, provided that it is notified in writing before.
If the contractual product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
Contract subject. For the delivery of the product, the invoice with the waybill must be delivered to the seller or the 3rd (third) person who will receive the product, and the price must be paid in the form of payment preferred by the BUYER. If for any reason the price of the product is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, after the delivery of the product, the BUYER has delivered the product to the SELLER. (three) days to send it to the SELLER. In this case, the shipping fee belongs to the BUYER.
The BUYER shall inspect the product subject to the contract before receiving it. will not receive the damaged and defective product from the cargo company. The product is received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the product should not be used.
Defective or damaged products from products sold with a warranty certificate or without a warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
If the SELLER cannot fulfill its contractual obligations, claiming that the delivery of the product subject to the contract has become impossible, it shall notify the BUYER before the contractual performance obligation expires and return the entire amount paid to the BUYER within 10 days.
In case the BUYER is shopping with a credit card and in installments, the installment form chosen from the site is valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
Since the payment will be made in cash or by credit card, no delay interest is applied by the SELLER.
ARTICLE 4) RIGHT OF WITHDRAWAL
The BUYER may use the right of withdrawal within 15 (fifteen) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified in writing within this period, the product must not be used and the product must not be from the products specified in Article 7. In case this right is exercised, it is obligatory to return the original invoice for the product delivered to the 3rd person or the BUYER. The product price is returned to the BUYER within 5 (five) business days following the receipt of the notice regarding the right of withdrawal and the receipt of the product. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is borne by the SELLER. We undertake to have the right to withdraw from the contract by refusing the goods or services within (fifteen) days and to take back the goods from the date the product reaches the SELLER with the withdrawal notification.
ARTICLE 5) WITHDRAWAL PRODUCTS THAT CANNOT BE USED
Products that cannot be returned due to their nature are products that deteriorate rapidly and expire quickly, disposable products, all kinds of software and programs that can be copied. The use of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused.
• All kinds of software and programs
• DVD, VCD, CD and cassettes
• span>Computer and stationery consumables
• All kinds of cosmetic products
ARTICLE 6) DEFAULT
In case the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with him by the bank, and he will pay interest against the bank. will be responsible. In this case, the relevant bank may take legal action; may request the costs and attorney's fees to be incurred from the BUYER. In case the debtor defaults, the debtor agrees to pay the creditor's loss and damage caused by the delayed performance of the debt.
ARTICLE 7) AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's and SELLER's Residences are authorized up to the value declared by the Ministry of Industry and Trade.
ARTICLE 8) PROVISION
This document has been issued by the SELLER on ../../.... I, as the BUYER, have to I have read, understood, accepted and approved and confirmed all these matters.
Name - Surname:
E-Mail:
Date:
Signature: