Preliminary Information Document and Contract Text Regarding Sale

Seller Information

Title: Öz Tekstil San. ve Tic. Ltd. Şti. (Hereinafter referred to as SELLER)

Address: Demirtaş Organized Industrial Zone Erguvan Sokak No:1

Tel. : 0850 302 7777

Email : naramaxxonline@naramaxx.com

* Our consumer will forward all requests and complaints to the institution whose information is provided above.

Product Information:

The type, quantity, brand/model, color, number, selling price, and payment method of the good/product or service are as stated below, and these promises are valid until the Sale Date.

Products

Selling Price (including VAT) 

Shipping Fee 

Payment Method and Plan 

Delivery Address 

Recipient 

Invoice Address 

Product Delivery

The product subject to the contract is delivered to the CONSUMER, i.e. the BUYER, or to the 3rd party or organization at the address indicated by them, depending on the distance of the place of residence, as a rule and under normal conditions, provided that the legal 30-day period is not exceeded. The shipping fee written in the article titled Product Information regarding product delivery is paid by the BUYER. If the product subject to the contract is to be delivered to a person or organization other than the consumer, the BUYER must fully and in writing inform the SELLER of the name-surname/title/address of the 3rd party to whom the product will be delivered.

Right of Withdrawal

The CONSUMER has the right to withdraw from the contract by rejecting/returning the goods within seven (7) days from the date they received the goods or the goods were delivered to the 3rd party/organization at the address indicated by them, without incurring any legal or criminal liability and without showing any reason. To exercise the right of withdrawal, the SELLER must be notified by fax or e-mail or registered letter within this period that this right has been exercised, and the product must not have been used within the framework of the provisions of this article, and the product itself, its packaging and box must not be damaged, and the labels on the product and the protective tapes on the product must not have been removed. In case this right is exercised, it is obligatory to return the original sales invoice along with an example of the cargo delivery report proving that the product delivered to the 3rd party or the BUYER has been sent to the SELLER. Following the receipt of these documents, the SELLER will immediately initiate action with the relevant bank to refund the product price to the BUYER's bank account or credit card account within 7 (seven) days.

Provision

In accordance with the Regulation on the Procedures and Principles for the Implementation of Distance Contracts, a distance sales contract cannot be concluded unless the Consumer signs the document. This document, consisting of 1 (one) page, was prepared by the SELLER on [SalesDate]. I, as the Consumer/Buyer, have read, understood, accepted, and approved all the provisions written in this 1 (one) page Preliminary Information Document.

Name-Surname

E-mail

Date

Signature

Law No. 4077 on the Protection of Consumers

PART ONE

Purpose, Scope, Definitions

Purpose

Article 1- The purpose of this Law is to regulate matters concerning taking measures to protect, enlighten, educate consumers regarding their health, safety, and economic interests, compensate their damages, protect them from environmental hazards, encourage consumer initiatives to protect themselves, and promote voluntary organizations in the formulation of policies on these issues, in accordance with public interest.

Scope

Article 2- This Law covers all consumer transactions in goods and services markets where the consumer constitutes one of the parties, for the purposes specified in the first article.

Definitions

Article 3 - In the application of this Law;

a) Ministry: Ministry of Industry and Trade,

b) Minister: Minister of Industry and Trade,

c) Goods: Movable property subject to trade, residential and holiday-purpose immovable properties, and intangible goods such as software, sound, image, and similar items prepared for use in electronic environments,

d) Service: Any activity other than the provision of goods, performed for a fee or benefit,

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

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

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

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

i) Manufacturer-Producer: Real or legal persons, including public legal entities, who produce goods or services offered to consumers, or raw materials or intermediate goods for these goods or services, and those who offer goods for sale by placing their own distinguishing mark, trademark, or trade name on them,

j) Importer: A real or legal person, including public legal entities, who brings goods or services offered to consumers, or raw materials or intermediate goods for these goods or services, from abroad and offers them for sale,

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

l) Advertiser: A real or legal person who publishes, distributes, or displays advertisements containing their company or product/service brand, which they have prepared for the purpose of promoting the goods/services they produce or market, increasing sales, or creating and strengthening their image,

m) Advertising Agent: A real or legal person who is a commercial communication specialist who prepares commercial advertisements and announcements in line with the needs of the advertiser and mediates their publication on behalf of the advertiser,

n) Media Organization: A real or legal person who is the owner, operator, or lessor of communication channels or any means that deliver commercial advertisements or announcements to the target audience,

o) Technical Regulation: Any regulation that must be complied with, including standards made mandatory by being published in the Official Gazette by the relevant Ministry, which specifies one or more of the characteristics, processing and production methods, related terminology, symbols, packaging, marking, labeling, and conformity assessment procedures of a product and service, including related administrative provisions,

p) Consumer Organizations: Associations, foundations, or their umbrella organizations established for the purpose of consumer protection.

PART TWO

Consumer Protection and Enlightenment

Defective Goods

Article 4- Goods that do not conform to the quality or quantity affecting the quality specified in their packaging, label, instruction and user manual, or in advertisements and announcements, or notified by the seller, or determined in their standard or technical regulation, or that contain material, legal, or economic deficiencies that reduce or eliminate their value or the benefits expected by the consumer from them in terms of their intended use or purpose, are considered defective goods.

The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including a refund, to have the goods replaced with a non-defective equivalent, to a price reduction in proportion to the defect, or to free repair. The seller is obliged to fulfill this demand chosen by the consumer. In addition to one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-producer in cases where the defective good causes death and/or injury and/or damage to other goods in use.

The manufacturer-producer, seller, dealer, agent, importer, and the lender according to the fifth paragraph of Article 10 are jointly and severally liable for defective goods and for the consumer's optional rights specified in this article. If more than one person is responsible for the damage caused by the defective good, they are jointly and severally liable. Not knowing that the sold good is defective does not eliminate this responsibility.

Those held responsible for defects under this article, unless they have undertaken responsibility for a longer period against defects, are subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect appears later. This period is five years for residential and holiday-purpose immovable properties. Claims for any damages caused by defective goods are subject to a three-year statute of limitations. These claims lapse ten years after the date the damaging good was put on the market. However, if the defect of the sold good was concealed from the consumer by the seller's gross negligence or fraud, the statute of limitations cannot be utilized.

Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased with knowledge of their defect.

It is mandatory to place a label containing the phrase "defective" on defective goods to be offered for sale, or on their packaging, in a way that the consumer can easily read, by the manufacturer or seller. This labeling obligation does not apply to places where only defective goods are sold, or where a floor or section is permanently allocated to the sale of defective goods in a way that the consumer can be aware of. The fact that the good is defective must be indicated on the invoice, receipt, or sales document given to the consumer.

Unsafe goods cannot be offered on the market even with a "defective" label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.

These provisions also apply to all consumer transactions related to the sale of goods.

Defective Service

Article 4/A- Services that do not conform to the quality or quantity affecting the quality specified in advertisements and announcements by the provider, or in its standard or technical rule, or that contain material, legal, or economic deficiencies that reduce or eliminate their value or the benefits expected by the consumer from them in terms of their purpose of use, are considered defective services.

The consumer is obliged to notify the provider of this defect within thirty days from the date the service is rendered. In this case, the consumer has the right to withdraw from the contract, to have the service re-performed, or to a price reduction in proportion to the defect. If the consumer's termination of the contract cannot be justified by the circumstances, a price reduction will suffice. In addition to one of these optional rights, the consumer may also demand 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, dealer, agent, and the lender according to the fifth paragraph of Article 10 are jointly and severally liable for defective services, for any damages caused by defective services, and for the consumer's optional rights specified in this article. Not knowing that the provided service is defective does not eliminate this responsibility.

Unless a longer warranty period is given, claims for defective services are subject to a two-year statute of limitations from the performance of the service, even if the defect appears later. Claims for any damages caused by defective services are subject to a three-year statute of limitations. However, if the defect of the provided service was concealed from the consumer by the provider's gross negligence or fraud, the statute of limitations cannot be utilized.

Except for the provisions regarding liability for damages caused by defective services, the above provisions do not apply to services acquired with knowledge of their defect.

These provisions also apply to all consumer transactions related to the provision of services.

Refusal to Sell

Article 5- If a good that does not bear the phrase "sample" or "not for sale" is displayed in the window, on the shelf, or in any clearly visible place of a commercial establishment, the seller cannot refuse to sell these goods.

The provision of services cannot be refused without a just cause either.

Unless there is a contrary custom, commercial usage or practice, the seller cannot make the sale of a good or service conditional on terms such as quantity, number, or size determined by the seller for that good or service, or on the purchase of another good or service.

This provision also applies to other goods sale and service provision contracts.

Unfair Terms in Contracts

Article 6- Contract terms that are unilaterally imposed by the seller or provider without negotiation with the consumer, and that cause an imbalance to the detriment of the consumer in terms of the rights and obligations arising from the contract, contrary to the rule of good faith, are unfair terms.

Unfair terms contained in any contract where one of the parties is a consumer are not binding on the consumer.

If a contract term has been pre-drafted, and especially if the consumer could not influence its content due to its inclusion in a standard contract, it is deemed that such contract term has not been negotiated with the consumer.

If, from the overall assessment of the contract, it is concluded that it is a standard contract, the fact that certain elements or an individual provision of a term 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 provider claims that a standard term was individually discussed, the burden of proof lies with them.

Consumer contracts stipulated to be in writing in Articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A, and 11/A shall be drawn up in at least twelve-point and bold black letters, and the absence of one or more of the required terms in the contract does not affect the validity of the contract. Such deficiency shall be immediately remedied by the seller or provider.

The Ministry shall determine the procedures and principles for identifying unfair terms in standard contracts and ensuring their removal from the contract text.

Installment Sales

Article 6/A- Installment sale is a type of sale where the sale price is paid in at least two installments and the good or service is delivered or performed at the time the contract is made.

Installment sale contracts must be made in writing. The minimum conditions that must be included in the contract are as follows:

a) Names, titles, full addresses, and contact information, if any, of the consumer and the seller or provider,

b) The cash sale price of the good or service in Turkish Lira, including taxes,

c) The total sale price in Turkish Lira to be paid with interest according to the maturity,

d) The amount of interest, the annual rate at which the interest is calculated, and the late payment interest rate not exceeding thirty percent more than the interest rate determined in the contract,

e) The amount of down payment,

f) Payment plan,

g) Legal consequences of the debtor defaulting.

The seller or provider is obliged to ensure that this information is included in the contract and to provide a copy of the contract concluded between the parties to the consumer. If a negotiable instrument is to be issued separately from the contract, this instrument shall be issued separately for each installment payment and only in the name of the payee. Otherwise, the bill of exchange is invalid.

In installment sales; the consumer has the right to pay the total amount owed in advance. The consumer may also make one or more installment payments, provided that it is not less than the amount of one installment. In both cases, the seller is obliged to make the necessary interest reduction according to the amount paid.

If the seller or provider has reserved the right to demand the performance of the entire remaining debt in case of non-payment of one or more installments, this right can only be exercised if the seller or provider has fulfilled all their obligations, and if the consumer defaults on at least two consecutive installments and the total of unpaid installments is at least one-tenth of the sale price. However, for the seller or provider to exercise this right, they must give at least one week's notice of acceleration.

Contract terms cannot be changed to the detriment of the consumer in any way.

Timeshare

Article 6/B- Timeshare contracts are written contracts or groups of contracts made for a period of at least three years, and which involve the transfer or commitment to transfer the right to use one or more immovable properties for a period of not less than one week, which is fixed or can be fixed, within the year during this period, and a copy of which must be given to the consumer.

The Ministry shall determine the procedures and principles regarding timeshare contracts.

Package Tour

Article 6/C- Package tour contracts are pre-arranged written contracts, a copy of which must be given to the consumer, which involve at least two of transportation, accommodation, and other tourist services not considered ancillary thereto, sold or promised to be sold for an all-inclusive price, and the service covers a period longer than twenty-four hours or includes overnight accommodation.

The Ministry shall determine the procedures and principles regarding package tour contracts.

Campaign Sales

Article 7- Campaign sale is a type of sale made by accepting participants in campaigns announced to consumers through newspapers, radio, television advertisements, and similar means, and by delivering or performing the good or service later.

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 period, manufacturer's warranty, collateral to be deposited, and the procedures and principles to be followed in campaign sales.

In case the advertised and promised good or service is not delivered or performed at all or properly, the seller, provider, dealer, agent, manufacturer-producer, importer, and the lender according to the fifth paragraph of Article 10 are jointly and severally liable.

After the consumer decides to withdraw from the campaign, the organizer of the campaign is obliged to pay back the entire amount paid by the consumer up to that point, provided that it does not exceed the delivery date of the good or service to the consumer.

The organizer of the campaign must provide the consumer with a copy of the written contract to be drawn up for campaign sales, which, in addition to the information specified in the second paragraph of Article 6/A, also includes information regarding the "campaign end date" and the "date and method of delivery or performance of the good or service."

Unless otherwise agreed in the contract, the prepayment amount cannot exceed forty percent of the sale price of the good or service.

In campaign sales, the delivery period for goods or the performance period for services cannot exceed twelve months. For residential and holiday-purpose immovable properties, this period is thirty months.

If the consumer fulfills all their payment obligations, the delivery of the good or the performance of the service must be made within one month at the latest following the completion of payment.

The provisions of Article 6/A also apply to campaign installment sales.

Door-to-Door Sales

Article 8- Door-to-door sales are sales made outside of sales venues such as workplaces, fairs, and bazaars.

The Ministry shall determine the qualifications required for those making door-to-door sales, door-to-door sales that are subject to and not subject to this Law, and the implementation procedures and principles regarding door-to-door sales.

In such sales; the consumer is free to accept the good or reject it without giving any reason and without incurring any obligation, within seven days from the date of receipt. In the sale of services, this period starts from the date the contract is signed. Before this period expires, the seller or provider cannot demand any payment from the consumer under any name or any document that puts the consumer into debt in return for the good or service subject to the door-to-door sales transaction. The seller is obliged to take back the good within twenty days from the moment the cancellation notice reaches them.

The consumer is not responsible for changes and deteriorations caused by the ordinary use of the good.

In installment door-to-door sales, Article 6/A, and in campaign door-to-door sales, Article 7 also apply.

Obligation of the seller and provider in door-to-door sales

Article 9- In door-to-door sales contracts, in addition to other elements that must be present in the contract, descriptive information about the nature and quantity of the good or service, the full address to which the cancellation notice will be made, and the following statement written in at least sixteen-point and bold black letters must be included:

We undertake that the consumer has the right to withdraw from the contract by rejecting the good or service within seven days from the date of receipt or the date the contract was signed, without incurring any legal or penal liability and without giving any reason, and to take back the good from the date the cancellation notice reaches the seller/provider.

The consumer signs the contract, which also contains their rights, and writes the date in their own handwriting. The seller or provider is obliged to ensure that this information is included in the contract and to provide a copy of the contract concluded between the parties to the consumer.

The burden of proving that a contract drawn up in accordance with the provisions of this article and the good have been delivered to the consumer rests with the seller or provider. Otherwise, the consumer is not bound by the seven-day period to exercise their right of withdrawal.

Distance Contracts

Article 9/A- Distance contracts are contracts concluded in written, visual, telephone, and electronic environments or by using other communication tools, without face-to-face interaction with consumers, and where the delivery or performance of the good or service to the consumer is agreed upon instantly or later.

Before the conclusion of a distance sales contract, it is mandatory to provide the consumer with information, the details of which will be determined by a communiqué to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that they have received this information. In contracts made in electronic environments, the confirmation process is also done in electronic environments.

The seller and provider shall fulfill their obligation within thirty days from the moment the consumer's order reaches them. This period can be extended by a maximum of ten days, provided that the consumer is notified in writing beforehand.

The seller or provider is obliged to prove that intangible goods delivered or services provided to the consumer in electronic environments were delivered or provided without defect.

Except for the provisions stating that no payment can be demanded from the consumer under any name or any document putting them into debt in return for the good or service subject to the contract during the withdrawal period, the provisions regarding door-to-door sales also apply to distance contracts.

The seller or provider is obliged to return the price received, negotiable instruments, and any documents that put the consumer in debt due to this legal transaction within ten days from the date the cancellation notice is received, and to retrieve the goods within twenty days.

Consumer Loans

Article 10 - A consumer loan is a loan taken by consumers in cash from a lender to acquire goods or services. A consumer loan agreement must be made in writing, and a copy of this agreement must be provided to the consumer. The credit terms stipulated in the agreement between the parties cannot be changed to the detriment of the consumer during the term of the agreement.

The agreement must include:

a) The amount of the consumer loan,

b) The total debt amount, including interest and other elements,

c) The annual rate at which interest is calculated,

d) A payment plan specifying payment dates, principal, interest, funds, and other expenses separately,

e) Required collaterals,

f) The default interest rate, not exceeding thirty percent above the contractual interest rate,

g) The legal consequences of the debtor's default,

h) Conditions for early repayment of the loan,

i) If the loan is provided in a foreign currency, the conditions regarding which exchange rate will be used for calculating installments and the total loan amount for repayment.

If the lender reserves the right to demand the performance of the entire remaining debt in case of non-payment of one or more installments, this right can only be exercised if the lender has fulfilled all its obligations and if the consumer defaults on at least two consecutive installments. However, for the lender to exercise this right, they must issue a notice of acceleration, providing at least one week's time. In cases where personal collateral is provided for a consumer loan, the lender cannot demand performance of the debt from the guarantor without first recourse to the principal debtor.

The consumer can repay the total amount owed to the lender in advance, or can make one or more installment payments before their due date. In both cases, the lender is obliged to make the necessary interest and commission reductions according to the amount paid. The Ministry determines the procedures and principles for the rate at which the necessary interest and commission reductions will be made according to the amount paid.

If the lender provides a consumer loan conditional on the purchase of goods or services of a specific brand or a sales agreement with a specific seller or provider, the lender is jointly and severally liable with the seller or provider to the consumer if the sold goods or services are not delivered or performed at all or on time.

It is prohibited for the lender to link payments to a negotiable instrument or to secure the loan by accepting a negotiable instrument. If, despite this prohibition, a negotiable instrument is taken from the consumer, the consumer has the right to demand its return from the lender. Furthermore, the lender is obliged to compensate the consumer for any damages incurred due to the endorsement of the negotiable instrument.

Credit Cards

Article 10/A - Credits that convert into cash credit as a result of purchasing goods or services with a credit card, or credits used by cash withdrawal with a credit card, are also subject to the provisions of Article 10. However, the provisions of sub-paragraphs (a), (b), (h), and (i) of the second paragraph and the fourth paragraph of Article 10 do not apply to such credits.

Periodic account statements sent by the lender to the consumer serve as the payment plan stipulated in sub-paragraph (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 placed under any obligation under any other name than the default interest specified in sub-paragraph (f) of Article 10.

The lender must notify the consumer of any interest rate increase at least thirty days in advance. An interest rate increased by the lender cannot be applied retroactively. The consumer will not be affected by the interest increase if they pay off the entire debt and cease using credit within sixty days from the date of notification.

In cases where goods or services are purchased with a credit card, the seller or provider cannot demand additional payment from the consumer under the guise of a commission or similar name.

Periodical Publications

Article 11 - In cases where periodical publishing organizations promise to provide a second product and/or service, other than the periodical publication, through tickets, coupons, participation numbers, games, lotteries, and similar methods, for whatever purpose or in whatever form; no goods or services other than cultural products that are not contrary to periodical publishing purposes, such as books, magazines, encyclopedias, posters, flags, verbal or visual magnetic tapes or optical discs, can be promised or distributed. If a campaign is organized for this purpose, the campaign period cannot exceed sixty days. A portion of the cost of the goods or services subject to the campaign cannot be requested from the consumer.

The periodical publishing organization must announce the schedule for the delivery and performance dates of the goods or services subject to the campaign throughout Turkey in its advertisements and announcements related to the campaign, and must carry out the delivery and performance of the goods or services subject to the campaign within thirty days from the end of the campaign.

During the campaign period, the sales price of the periodical publication cannot be increased due to the cost increase caused by the goods or services promised as a second product. The commitment and distribution of goods or services subject to the campaign cannot be divided, nor can the inseparable or complementary parts of these goods or services be made the subject of a separate campaign. In the application of this Law, transactions related to each good or service promised as a second product are considered an independent campaign.

Campaigns that are not organized by periodical publishing organizations but are directly or indirectly linked to periodical publications are also subject to these provisions.

Subscription Agreements

Article 11/A - Consumers who are party to any type of subscription agreement can unilaterally terminate their subscription by notifying the seller in writing.

The seller is obliged to fulfill the consumer's request to terminate the subscription within seven days at the latest from the date the written notification is received.

The request to terminate a periodical publication subscription, however, comes into effect fifteen days after the written notification reaches the seller for daily publications, one month for weekly publications, and three months for monthly publications. For longer-term publications, it comes into effect after the first publication following the notification.

The seller is obliged to refund the remaining portion of the subscription fee within fifteen days without any deductions.

Price Tag

Article 12 - It is mandatory to place a visible and readable tag on goods offered for retail sale, or on their packaging or containers, containing the price including all taxes, place of production, and distinguishing features related to that good. In cases where a tag cannot be affixed, lists containing the same information must be displayed in appropriate visible locations.

Lists showing the tariffs and prices of services are also prepared and displayed according to the first paragraph.

If there is a difference between the price stated on the tag, price, and tariff lists and the checkout price, the sale is made at the price that is more favorable to the consumer.

It is prohibited to offer goods or services at a price higher than the price determined by the Council of Ministers, public institutions and organizations, or professional organizations with the status of public institutions.

The Ministry regulates the form, content, procedures, and principles of tags and tariff lists through a regulation. The Ministry and municipalities are separately responsible for carrying out the implementation and monitoring of the provisions of this article.

Warranty Certificate

Article 13 - Manufacturers or importers are obliged to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility for completing and providing the consumer with a warranty certificate containing the date and number of the invoice for the goods rests with the seller, dealer, or agent. The warranty period begins from the date of delivery of the goods and is a minimum of two years. However, due to their nature, the warranty conditions for certain goods may be determined by the Ministry using a different unit of measurement.

The seller is obliged to repair goods covered by the warranty certificate if they malfunction within the warranty period, without demanding any fee for labor costs, replaced parts, or under any other name.

If the consumer has exercised their right to repair, they may exercise their other optional rights stated in Article 4 in cases where the inability to benefit from the goods due to frequent malfunctions within the warranty period is continuous, or the maximum time required for repair is exceeded, or it is understood that repair is not possible. The seller cannot refuse this request. If this request of the consumer is not fulfilled, the seller, dealer, agent, manufacturer-producer, and importer are jointly and severally liable.

Malfunctions arising from the consumer's use of the goods contrary to the instructions in the user manual are excluded from the provisions of the second and third paragraphs.

The Ministry is responsible for determining and announcing, after consulting with the Turkish Standards Institute, which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of malfunctions of these goods.

Introduction and User Manual

Article 14 - It is mandatory for industrial goods produced domestically or imported to be sold with a Turkish manual for their introduction, use, maintenance, and simple repair, and, if necessary, with a label containing international symbols and signs.

The Ministry is responsible for determining and announcing, after consulting with the Turkish Standards Institute, which industrial goods must be sold with an introduction and user manual and a label, and the minimum elements that must be included in them.

After-Sales Services

Article 15 - Manufacturers or importers must provide maintenance and repair services for the industrial goods they sell, produce, or import throughout the Ministry-determined and announced lifespan of that product, by maintaining sufficient technical personnel and spare parts stock.

The quantity of spare parts stock that manufacturers or importers must maintain is determined by the Ministry.

If the importer ceases its commercial activity for any reason, the new importer of that product must provide maintenance and repair services throughout its lifespan.

The Ministry is responsible for determining and announcing, after consulting with the Turkish Standards Institute, which goods require service stations and the procedures and principles for the establishment and operation of these service stations.

If an industrial good that must be sold with a warranty certificate malfunctions after the warranty period, it is mandatory to repair that good within the maximum repair period determined by the Ministry.

Commercial Advertisements and Announcements

Article 16 - Commercial advertisements and announcements must be in compliance with laws, principles determined by the Advertising Board, general morality, public order, personal rights, and must be honest and truthful.

Advertisements and announcements that deceive, mislead, or exploit the consumer's lack of experience and knowledge, endanger the consumer's life and property safety, encourage violence and crime, harm public health, exploit patients, the elderly, children, and disabled persons, and covert advertising are prohibited.

Comparative advertisements of competing goods and services that meet the same needs or serve the same purpose may be made.

The advertiser is obliged to prove the concrete claims contained in the commercial advertisement or announcement.

Advertisers, advertising agencies, and media organizations are obliged to comply with the provisions of this article.

Advertising Board

Article 17 - An "Advertising Board" is established to determine the principles to be followed in commercial advertisements and announcements, to examine commercial advertisements and announcements within these principles, and, based on the examination results, to provisionally suspend and/or suspend for up to three months and/or correct by the same method and/or impose administrative fines on advertisements and announcements that violate the provisions of Article 16. The decisions of the Advertising Board are implemented by the Ministry.

In determining the principles to be followed in commercial advertisements and announcements, the Advertising Board takes into account universal definitions and rules in the field of advertising, as well as country conditions.

The Advertising Board, chaired by the relevant General Director assigned by the Minister, consists of:

a) One member assigned by the Ministry from among the relevant Deputy General Directors,

b) One member assigned by the Ministry of Justice from among judges working in administrative duties in that Ministry,

c) One member specialized in advertising assigned by the Turkish Radio and Television Corporation,

d) One member selected by the Council of Higher Education from among university faculty members specialized in advertising,

e) One medical doctor member assigned by the Central Council of the Turkish Medical Association,

f) One lawyer member assigned by the Union of Turkish Bar Associations,

g) Four members assigned by the Union of Chambers and Commodity Exchanges of Turkey from various sectors,

h) One member selected by all journalist associations in Turkey from among themselves,

i) One member selected by advertising associations or their umbrella organizations, if any,

j) One member selected by the Consumer Council from among the consumer organization representatives participating in the Council or assigned by their umbrella organizations,

k) One member assigned by the Union of Turkish Agricultural Chambers,

l) One member assigned by the Confederation of Turkish Tradesmen and Craftsmen,

m) One member from the Turkish Standards Institute,

n) One member from the Presidency of Religious Affairs,

o) One member from the Union of Chambers of Turkish Engineers and Architects,

p) One member from the workers' union confederations,

r) One member from the civil servants' union confederations,

s) One member assigned by the Union of Chambers of Certified Public Accountants and Sworn-in Certified Public Accountants of Turkey,

t) One member selected by the Metropolitan Municipalities of Ankara, Istanbul, and Izmir from among themselves,

u) One member from the Turkish Pharmacists' Association,

v) One member from the Turkish Dental Association, making a total of twenty-five members.

The term of office for Board members is three years. Those whose term has ended may be reappointed or re-elected. If memberships become vacant for any reason, appointments or elections are made within one month for the vacant positions in accordance with the principles of the third paragraph.

The Board convenes at least once a month or whenever necessary, at the call of the President.

The Board convenes with the presence of at least fourteen members, including the President, and makes decisions by a majority of those present at the meeting.

The Board may establish special expert commissions to serve permanently or temporarily when deemed necessary. Public personnel deemed suitable by the Board to serve in these commissions are assigned by the relevant public institutions.

The attendance fees to be paid to public official members of the Board and special expert commissions, and the attendance fees to be paid to non-public official Board members, are determined by the Ministry with the approval of the Ministry of Finance.

The secretariat services of the Board are carried out by the Ministry.

Advertising Board decisions are announced by the President of the Advertising Board for the purpose of informing and enlightening consumers and protecting their economic interests.

The duties of the Advertising Board, its establishment, working procedures and principles, and how its secretariat services will be performed are determined by a regulation to be issued by the Ministry.

Hazardous Goods and Services

Article 18 - If goods and services offered for consumer use may be harmful or dangerous to personal health and well-being and to the environment, explanatory information and warnings regarding this situation must be clearly displayed and readable on the goods or in the attached user manuals for their safe use.

The Ministry is responsible for determining and announcing, together with relevant ministries and other organizations, which goods or services must carry explanatory information and warnings, and the form and location of these information and warnings.

Article 19 - Goods and services offered to the consumer must comply with mandatory technical regulations, including standards published in the Official Gazette and made mandatory by relevant ministries.

Relevant ministries are responsible for carrying out or having inspections carried out according to these principles. The procedures and principles for goods and services inspection are separately determined and announced by each relevant ministry.

Consumer Education

Article 20 - Necessary additions are made by the Ministry of National Education to the curricula of formal and non-formal education institutions regarding consumer education.

The procedures and principles for organizing programs on radio and television for consumer education and awareness are determined and announced by the Ministry, upon the recommendation of the Consumer Council.

PART THREE

Consumer Organizations

Consumer Council

Article 21 - A "Consumer Council" is established under the coordination of the Ministry, for the purpose of researching necessary measures to protect consumer problems, needs, and interests, conveying opinions regarding measures to be taken to resolve problems in line with universal consumer rights, and measures for the implementation of this Law, to be given priority by relevant authorities.

The Consumer Council, chaired by the Minister or a Ministry official appointed by the Minister, consists of representatives from the Ministries of Justice, Interior, Finance, National Education, Health, Transport, Agriculture and Rural Affairs, Industry and Trade, Tourism and Environment, as well as the Undersecretariat of State Planning Organization, Undersecretariat of Treasury, Undersecretariat of Foreign Trade, Presidency of the Turkish Patent Institute, Presidency of the State Institute of Statistics, Presidency of the Turkish Standards Institute, Competition Authority, Radio and Television Supreme Council, Energy Market Regulatory Authority, Telecommunications Authority, Turkish Accreditation Agency, National Productivity Center, Presidency of Religious Affairs, metropolitan municipalities, the Union of Turkish Municipalities representing provincial municipalities, workers' union confederations, civil servants' union confederations, Turkish Confederation of Employer Associations, National Union of Turkish Cooperatives, Council of Higher Education, Union of Turkish Bar Associations, Union of Chambers of Certified Public Accountants and Sworn-in Certified Public Accountants of Turkey, Union of Chambers of Turkish Engineers and Architects, Turkish Pharmacists' Association, Turkish Medical Association, Turkish Dental Association, Turkish Veterinary Medical Association, Confederation of Turkish Tradesmen and Craftsmen, Union of Chambers and Commodity Exchanges of Turkey, Turkish Banks Association, Association of Turkish Travel Agencies, Turkish Hoteliers Association, Union of Turkish Agricultural Chambers, Central Union of Consumer Cooperatives, Ahi Research and Culture Foundation, and consumer organizations.

The number and qualifications of the representatives of the institutions and organizations forming the Consumer Council, as well as the minimum number of members that consumer organizations must have 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 cannot exceed fifty percent of the total membership of the Consumer Council in any case. 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.

Consumer Problems Arbitration Board

Article 22 - The Ministry is responsible for establishing at least one consumer problems arbitration board in provincial and district centers to resolve disputes arising from the implementation of this Law.

The consumer arbitration committee, chaired by the Provincial Director of Industry and Trade or an official to be appointed by him/her, consists of five members including the chairperson: one member appointed by the mayor from among expert municipal staff, one member appointed by the bar association from among its members, one member appointed by the chamber of commerce and industry and the chambers of tradesmen and artisans, and one member selected 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 artisans where they are established separately, shall be appointed by the relevant chamber depending on whether the seller party to the dispute is a merchant or a tradesman/artisan.

In provinces and districts where the provincial organization of the Ministry does not exist, the consumer arbitration committee shall be chaired by the highest administrative authority or an official to be appointed by him/her. In places where there are no consumer organizations, consumers shall be represented by consumer cooperatives. In places where the formation of the consumer arbitration committee cannot be ensured, vacant memberships shall be filled ex officio by municipal councils.

At least one rapporteur shall be assigned to consumer arbitration committees to prepare the files that will form the basis of the committee's work and decisions, and to present the report regarding the dispute.

It is mandatory to apply to consumer arbitration committees for disputes with a value below five hundred million liras. The decisions made by the committee in these disputes are binding on the parties. These decisions are enforced according to the provisions of the Enforcement and Bankruptcy Law regarding the execution of judgments. The parties may appeal these decisions to the consumer court within fifteen days. The appeal does not stop the execution of the consumer arbitration committee's decision. However, upon request, the judge may temporarily halt the execution of the consumer arbitration committee's decision as a precautionary measure. The decision of the consumer court on an appeal against a consumer arbitration committee decision is final.

For disputes with a value of five hundred million liras and above, the decisions of consumer arbitration committees can be presented as evidence in consumer courts. The monetary limits for decisions to be binding or evidentiary shall increase at the average annual rate of price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October each year. This shall be announced by the Ministry in the Official Gazette every December.

All disputes, except for matters subject to penal sanctions in Article 25, fall within the scope of the duties and powers of consumer arbitration committees.

The principles and procedures for the payment of attendance fees or honoraria to the chairpersons, members, and rapporteurs of Consumer Arbitration Committees shall be determined by the Ministry, subject to the approval of the Ministry of Finance, provided that the amount to be paid in one month does not exceed the amount calculated by multiplying the index figure of 2000 by the civil servant monthly coefficient.

The establishment, working procedures and principles, and other matters concerning consumer arbitration committees shall be regulated by a regulation to be issued by the Ministry.

PART FOUR

Provisions Regarding Trial and Punishment

Consumer courts

Article 23- All disputes arising from the implementation of this Law shall be heard in consumer courts. The judicial jurisdiction of consumer courts shall be determined by the High Council of Judges and Prosecutors.

Lawsuits filed by consumers, consumer organizations, and the Ministry before consumer courts are exempt from all fees and charges. In lawsuits filed by consumer organizations, expert fees shall be covered by the Ministry from the special appropriation recorded pursuant to Article 29. If the lawsuit concludes against the defendant, the expert fee shall be collected from the defendant according to the provisions of the Law on the Procedure for the Collection of Public Receivables No. 6183 and recorded as special revenue in the budget according to the principles set out in Article 29. Cases heard in consumer courts shall be conducted according to the provisions of Chapter Seven, Section Four of the Code of Civil Procedure.

Consumer lawsuits may also be filed in the court of the consumer's domicile.

The Ministry and consumer organizations may file lawsuits in consumer courts for the removal of illegal situations due to the violation of this Law in cases that do not involve individual consumer problems but generally concern consumers.

In necessary cases, consumer courts may decide to temporarily halt the violation. Precautionary decisions deemed appropriate by the Consumer Court shall be immediately announced in one of the newspapers published nationwide by the Press Advertisement Agency and also in a local newspaper published in the place where the lawsuit was filed, if any, with the cost to be later collected from the party found to be at fault and recorded as special revenue in the budget according to the principles set out in Article 29.

Consumer Court decisions aimed at eliminating illegal situations shall be immediately announced by the same method, with the cost collected from the defendant.

Stopping production and sales, and recall of goods

Article 24- In the event that a series of goods offered for sale are defective, the Ministry, consumers, or consumer organizations may file a lawsuit to stop the production and sale of the defective series of goods and to recall them from those who hold them for sale.

If a series of goods offered for sale is determined to be defective by a court decision, the sale of the goods shall be temporarily stopped. The manufacturer-producer and/or importer company shall be warned to eliminate the defect of the goods within three months at the latest from the date of notification of the court decision. If it is impossible to eliminate the defect of the goods, the goods shall be collected or caused to be collected by the manufacturer-producer and/or importer. The collected goods shall be partially or completely destroyed or caused to be destroyed according to the risks they carry.

In cases where a series of goods offered for sale carries a defect that endangers consumer safety, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation Regarding Products are reserved.

The right of consumers who have purchased defective goods to file a lawsuit for material and moral damages they have suffered is reserved.

The provisions of this article shall not apply in the event that a series of defective goods subject to the provisions of the sixth paragraph of Article 4 are offered for sale.

Goods that appear different from what they are

Article 24/A- It is prohibited to produce, market, import, and export goods that, although not food products, appear different from what they are due to their shape, smell, appearance, packaging, labeling, volume, or dimensions, and thus endanger consumers' health and safety by being mistaken for food products.

If the good has been placed on the market, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation Regarding Products shall apply.

The right of consumers who have purchased goods that appear different from what they are to file a lawsuit for material and moral damages they have suffered is reserved.

Penalties

Article 25- Pursuant to the seventh paragraph of Article 6, a fine of 50 New Turkish Liras shall be applied for each contract found to be contrary to the procedures and principles determined by the Ministry.

A fine of 100 New Turkish Liras shall be applied to those who act contrary to the obligations specified in the seventh paragraph of Article 4, Article 5, the sixth paragraph of Article 6, Article 6/A, the procedures and principles determined by the Ministry pursuant to Articles 6/B, 6/C, the fifth paragraph of Article 7, Article 9, Article 9/A, Article 10, Article 10/A, the second and fourth paragraphs of Article 11/A, and Articles 12, 13, 14, 15 and 27.

A fine of 250 New Turkish Liras shall be applied to those who act contrary to the obligations specified in the fourth and sixth paragraphs of Article 7 and Article 8.

A fine of 500 New Turkish Liras shall be applied for violations of the procedures and principles determined and announced by the Ministry pursuant to the second paragraph of Article 20. If the violation is committed by radio and television stations broadcasting nationwide, the penalty shall be applied tenfold.

A fine of 1,000 New Turkish Liras shall be applied to the manufacturer-producer and importer who acts contrary to Article 18, and one-fifth of this fine shall be applied to the seller-provider.

A fine of 2,000 New Turkish Liras shall be applied to those who act contrary to the first paragraph of Article 19.

A fine of 5,000 New Turkish Liras shall be applied to those who act contrary to Article 11. If the violation is committed through a periodical publication broadcasting nationwide, the penalty shall be applied twentyfold. The Ministry shall also request the periodical publication to stop the campaign and all advertisements and announcements related to the campaign. If the violation continues despite this request, a fine of 100,000 New Turkish Liras shall be applied for each issue-day from the date the obligation to stop the advertisement and announcement arose. The Ministry shall apply to the Consumer Court with a request to stop the campaign and all advertisements and announcements related to the campaign.

For those who act contrary to Article 16, a temporary suspension of up to three months and/or suspension and/or correction and/or a fine of 3,500 New Turkish Liras shall be applied. The Advertising Board may impose these penalties jointly or separately depending on the nature of the violation. If the violation of Article 16 occurs through written, oral, visual, and other means broadcasting nationwide, the fine shall be applied tenfold.

Those who act contrary to the seventh and eighth paragraphs of Article 7 shall be subject to a fine in the amount of the invoice value of the goods or services subject to the campaign. This penalty shall not be applied if the organizer of the campaign refunds money when the consumer withdraws from the campaign.

Those who act contrary to the second paragraph of Article 7 shall be given one week to organize a campaign 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 New Turkish Liras shall be applied to those who act contrary to this provision and to those who act contrary to the obligations specified in Articles 24 and 24/A.

The monetary penalties specified in the above paragraphs shall be applied as double in case of repetition of the act within one year. Monetary penalties shall be increased at the beginning of each year according to the provisions of additional Article 2 of the Turkish Penal Code No. 765.

If other laws also stipulate a monetary penalty for the acts written in this Law, the heavier penalty shall be applied.

Authority, objection and statute of limitations for penalties

Article 26- The penalties in the first, fourth, seventh, eighth, ninth, and tenth paragraphs of Article 25 shall be applied by the Ministry, and the penalties in the other paragraphs shall be applied by the local administrative authority.

All monetary penalties regulated in this Law are administrative in nature. These penalties may be objected to before the competent administrative court within seven days at the latest from the date of notification. The objection does not stop the enforcement of the penalty imposed by the administration.

Monetary penalties imposed according to Article 25 shall be collected according to the provisions of the Law on the Procedure for the Collection of Public Receivables.

The statute of limitations for imposing administrative monetary penalties regulated in this Law is one year. The statute of limitations begins on the date the act contrary to the provisions of this Law was committed.

If there are continuous or repeated violations, the period begins from the day the violation ended or was last repeated. An appeal to the judiciary against the decision interrupts the collection statute of limitations.

Penalties shall be notified by the authority competent to impose the penalty to the professional organization to which the person concerned belongs within seven days.

PART FIVE

Miscellaneous Provisions

Inspection

Article 27- In the implementation of this Law, Ministry inspectors and controllers, as well as personnel to be assigned by the Ministry and municipalities, are authorized to conduct inspections, examinations, and investigations in all places where goods are kept and/or sold or services are provided, such as factories, stores, shops, commercial establishments, depots, and warehouses.

It is mandatory to accurately present all information and documents and to provide original and certified copies to the authorized and responsible persons and organizations in matters covered by this Law.

Laboratory

Article 28- The Ministry may utilize laboratories established by official and private institutions for the implementation of this Law, excluding analyses of drugs, preparations, cosmetics, and food products.

Samples taken during inspections conducted by the Ministry may be tested and examined in official or private institution laboratories. Test and examination fees shall be covered from the special appropriation in Article 29. If the test and examination results are found to be contrary to the relevant standard or technical regulation, all expenses related thereto shall be paid by the producer or importer. These expenses shall be collected according to the provisions of the Law on the Procedure for the Collection of Public Receivables No. 6183. The collected test and examination fees shall be recorded as special revenue in the budget according to the principles set out in Article 29.

Appropriation

Article 29- The expenses related to the establishment and activities of the Consumer Council, consumer arbitration committees, and the Advertising Board, financial aid to be provided to consumer associations and their superior organizations, expenses of the Ministry aimed at consumer protection, other expenses, and additional payments to personnel in amounts to be determined by the Ministry of Industry and Trade upon the favorable opinion of the Ministry of Finance, with the procedures and principles thereof, shall be covered by:

a) Appropriations to be placed in the Ministry budget,

b) Payments to be made at the rate of one per thousand of the capital of all newly established partnerships in the status of joint-stock and limited companies, and of the increased portion in case of capital increase.

The revenues specified in subparagraph (b) shall be collected in an account to be opened at the Central Bank of the Republic of Turkey or its correspondent, T.C. Ziraat Bank. Sixty percent of the amounts collected in this account shall be transferred to the account of the Ministry of Industry and Trade Central Accounting Directorate, and forty percent to the account of the Competition Authority at the end of each month.

The amounts transferred to the Central Accounting Directorate account shall be recorded as special revenue in the budget on the one hand, and as a special appropriation by the Ministry of Finance in existing or newly opened items in the Ministry of Industry and Trade budget on the other hand.

A portion of the amounts recorded as special appropriations in the Ministry budget shall be used to support projects involving activities to be carried out by consumer associations and their superior organizations that have been operating for at least five years and are independent of commercial, political, and administrative organizations. No payments can be made from this account to those serving on the executive and supervisory boards of consumer associations and their superior organizations under the name of attendance fees or salaries. Other criteria to be met by consumer associations and their superior organizations benefiting from this account shall be regulated by a regulation to be jointly prepared by the Ministry of Industry and Trade and the Ministry of Finance.

The Minister of Finance is authorized to record unspent amounts from the amounts thus recorded as special appropriations in the budget of the following year as transferred special revenue and special appropriation.

Other Provisions

Article 30- In cases where there is no provision in this Law, general provisions shall apply.

Regulations and Other Arrangements

Article 31- The regulations stipulated in this Law shall be issued by the Ministry within one year from the date of publication of the Law, after obtaining the opinions of relevant public institutions, professional superior organizations, and consumer organizations. The Ministry is authorized to take necessary measures and make arrangements within the framework of legislation regarding the implementation of this Law.

Repealed Provisions

Article 32- Law No. 3489 on the Obligation of Fixed Price Sales, Law No. 632 on the Sale of Imported or Domestically Manufactured Vehicles, Engines, Machinery, Tools and Devices with Manuals, and Law No. 3003 on the Control and Determination of Cost and Sale Prices of Industrial Products have been repealed.

Provisional Article 1- Credit card debts that have reached the enforcement stage or have become subject to enforcement proceedings due to the debtor's default before the publication of this Law shall be paid in twelve equal installments by applying a default interest not exceeding fifty percent annually to the principal amount at the date of default.

All enforcement proceedings carried out due to credit card debts shall cease upon the payment of the first installment according to the provision above, and shall be completely terminated with all their consequences upon the payment of the last installment.

The provisions of this article shall apply if the consumer makes a written application to the creditor within thirty days from the date of publication of the Law.

Effectiveness

Article 33- Article 29 and Provisional Article 1 of this Law shall enter into force on the date of its publication, and its other articles shall enter into force three months after the date of its publication.

Enforcement

Article 34- The Council of Ministers shall enforce the provisions of this Law.