Sales Agreement

Pre-information Document and Contract Text Regarding Sale

Seller Information

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

Address: Demirtaş Organize Sanayi Bölgesi Erguvan Sokak No:1

Tel.: 0850 302 7777

Email: naramaxxonline@naramaxx.com

* Our consumer shall submit all requests and complaints to the institution whose details are provided above.

Product Information:

The Type, Quantity, Brand/Model, Color, Number, Sale Price and Payment Method of the Good/Product or Service are as specified below, and these promises are valid until the Sale Date.

Products

Sale Price (incl. VAT)

Shipping Fee

Payment Method and Plan

Delivery Address

Recipient

Invoice Address

Product Delivery

As a rule and under normal conditions, the product subject to the contract shall be delivered to the CONSUMER, i.e., the BUYER, or to the 3rd person or organization at the address indicated by them, depending on the distance of the settlement, provided that it does not exceed the legal 30-day period. The shipping fee stated in the article titled Product Information for the delivery of the product 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 person to whom the product will be delivered.

Right of Withdrawal

The CONSUMER has the right to withdraw from the contract by refusing/returning the goods within seven (7) days from the date they received the goods or from the date the goods were delivered to the 3rd person/organization at the address indicated by them, without incurring any legal or criminal liability and without stating any reason. In order 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 it is a condition that the product has not been used within the framework of the provisions of this article and that the product itself, its packaging and box have not been damaged and that the labels and protective tapes on the product have not been removed. In case this right is exercised, it is obligatory to return the original sales invoice along with a copy of the cargo delivery record stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The SELLER shall immediately initiate proceedings with the relevant bank for the refund of the product price to the BUYER's bank account or credit card account within 7 (seven) days following the receipt of these documents.

Provision

In accordance with the Regulation on the Procedures and Principles of Application 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 Pre-Information Document.

Name Surname

Email

Date

Signature

Consumer Law

Law No. 4077 on the Protection of Consumers

PART ONE

Purpose, Scope, Definitions
Purpose

Article 1- The purpose of this Law is to take measures to protect, enlighten, educate, compensate for damages, and ensure protection from environmental hazards of the consumer's health and safety and economic interests in accordance with public interest, to encourage consumers' self-protective initiatives, and to regulate matters related to promoting voluntary organizations in the formation of policies on this subject.

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 Article 1.

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, audio, video, 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 natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

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

g) Provider: Natural 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 concluded between the consumer and the seller-provider in the goods or services markets,

i) Manufacturer-Producer: Those who produce goods or services offered to consumers, or raw materials or intermediate goods of these goods or services, including public legal entities, as well as those who offer them for sale by placing their own distinctive mark, trademark, or trade name on the goods,

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

k) Creditor: Banks, special finance institutions, and financing companies authorized to grant cash credit to consumers as per their regulations,

l) Advertiser: A natural or legal person who arranges for the publication, distribution, or other display of advertisements containing their company's or goods/service brand, prepared for the purpose of promoting goods/services they produce or market, increasing their sales, or creating and strengthening their image,

m) Advertising Agent: A natural or legal person who is a commercial communication specialist who prepares commercial advertisements and announcements according to the advertiser's needs and mediates their publication on behalf of the advertiser,

n) Media organization: A natural 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 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 relevant administrative provisions, and is made mandatory by the relevant Ministry by being published in the Official Gazette, including standards,

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 containing material, legal, or economic deficiencies that are contrary to the qualities or quantities affecting the quality determined in their packaging, label, instruction manual, or advertisements and announcements, or reported by the seller, or determined in their standard or technical regulation, or that reduce or eliminate their value or the benefits expected by the consumer for their intended use, 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, replacement of the goods with a non-defective equivalent, or a price reduction proportionate to the defect, or free repair. The seller is obliged to fulfill this demand chosen by the consumer. The consumer also has the right to demand compensation from the manufacturer-producer in cases where the defective goods cause death and/or injury and/or damage to other goods in use, along with one of these optional rights.

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

If those held liable for defects by this article have not undertaken responsibility for a longer period, liability for defective goods is 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. Demands for any damages caused by defective goods are subject to a three-year statute of limitations. These demands expire ten years after the date the damaging goods were put on the market. However, if the defect in the sold goods was concealed from the consumer by the seller's gross negligence or fraud, the statute of limitations period cannot be invoked.

Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowingly as defective.

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. There is no obligation to place this label in places exclusively selling defective goods, or in a section such as a floor or a department permanently allocated for the sale of defective goods in a way that the consumer can recognize. The fact that the goods are defective is indicated on the invoice, receipt, or sales document given to the consumer.

Unsafe goods cannot be placed on the market even with a "defective" label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Regulations for 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 containing material, legal, or economic deficiencies that are contrary to the qualities or quantities affecting the quality determined in advertisements and announcements made by the provider, or in its standard or technical rule, or that reduce or eliminate their value or the benefits expected by the consumer for their intended use, are considered defective services.

The consumer is obliged to notify the provider of this defect within thirty days from the date the service was performed. In this case, the consumer has the rights to withdraw from the contract, re-performance of the service, or a price reduction proportionate to the defect. If the consumer's termination of the contract cannot be justified as required by the situation, a price reduction is deemed sufficient. The consumer may also demand compensation, along with one of these optional rights, 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 creditor according to the fifth paragraph of Article 10 are jointly and severally responsible for defective services, for any damages caused by defective services, and for the optional rights of the consumer specified in this article. Ignorance of the defect in the provided service does not eliminate this responsibility.

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

Except for the provisions regarding liability for damages caused by defective services, the above provisions do not apply to services acquired knowingly as defective.

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.

Service provision also cannot be refused without a just cause.

Unless there is a customary practice, commercial custom, or trade usage to the contrary, the seller cannot condition the sale of a good or service on conditions 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 sales and service provision contracts.

Unfair Terms in Contracts

Article 6- Contract terms that are unilaterally inserted into the contract by the seller or provider without negotiation with the consumer, and that cause an imbalance to the detriment of the consumer in a way that violates the principle of good faith in the rights and obligations arising from the contract, 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-prepared and, especially due to its inclusion in a standard contract, the consumer could not influence its content, it is assumed that that contract term was not negotiated with the consumer.

If it is concluded from the overall evaluation of the contract 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 remainder of the contract.

If a seller or provider claims that a standard term was individually discussed, the burden of proof is on them.

Consumer contracts foreseen to be in writing in Articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A, and 11/A must 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. This deficiency is immediately remedied by the seller or provider.

The Ministry determines 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 sales price is paid in at least two installments, and the good or service is delivered or performed at the time the contract is drawn up.

An installment sales contract must be made in writing. The minimum conditions that must be included in the contract are as follows:

a) Name, title, open addresses, and if any, contact information of the consumer and the seller or provider,

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

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

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

e) The down payment amount,

f) The payment plan,

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

The seller or provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer. If a promissory note in the nature of a valuable paper is to be issued separately from the contract, this note is issued separately for each installment payment and only as a nominative instrument. 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 performed 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 sales price. However, for the seller or provider to exercise this right, they must give a warning of maturity by giving at least one week's notice.

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

Time-Share

Article 6/B- Time-share contracts are written contracts or groups of contracts made for a period of at least three years, involving the transfer or promise of transfer of the right to use one or more immovable properties for a period of at least one week, determined or determinable within the year, during this period, and it is mandatory to give a copy of it to the consumer.

The Ministry determines the procedures and principles regarding time-share contracts.

Package tour

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

The Ministry determines the procedures and principles regarding package tour contracts.

Campaign Sales

Article 7- Campaign sale is a type of sale conducted by accepting participants in campaigns announced to the consumer through newspapers, radio, television advertisements, and similar means, and the goods or services are delivered or performed later.

Campaign sales are made with the permission of the Ministry. The Ministry determines which types of sales are subject to permission, prepayment, installment amount, delivery period, manufacturer's warranty, the collateral to be deposited, and the procedures and principles to be followed in campaign sales.

In case of non-delivery or improper performance of the advertised and promised goods or services, the seller, provider, dealer, agent, manufacturer-producer, importer, and the creditor according to the fifth paragraph of Article 10 are jointly and severally responsible.

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

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

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

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

If the consumer fulfills all their payment obligations, the delivery of the goods 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 installment campaign sales.

Door-to-Door Sales

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

The Ministry determines the qualifications required for those making door-to-door sales, the door-to-door sales subject 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 or reject the good within seven days from the date of receipt, without giving any reason and without incurring any obligation. In the sale of services, this period begins 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 obligates the consumer in exchange 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 date the withdrawal notification reaches them.

The consumer is not responsible for changes and deteriorations resulting from the normal use of the good.

The provisions of Article 6/A also apply to installment door-to-door sales, and the provisions of Article 7 also apply to campaign door-to-door sales.

Seller's and provider's obligation in door-to-door sales

Article 9- In door-to-door sales contracts, in addition to other elements that must be included in the contract, explanatory information regarding the nature and quantity of the good or service, the clear address to which the withdrawal notification will be sent, and the following phrase 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 signing of the contract, without incurring any legal or criminal liability and without giving any reason, and that we will take back the good from the date the withdrawal notification reaches the seller/provider.

The consumer signs the contract, which also states 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 the consumer with a copy of the contract concluded between the parties.

The burden of proof that a contract prepared according to the provisions of this article and the good were delivered to the consumer belongs to 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 made in writing, visual, telephone and electronic environment, or using other communication tools, without facing consumers, and where the delivery or performance of the good or service to the consumer is agreed to be immediate 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 environment, the confirmation process is also done in electronic environment.

The seller and provider 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 in advance.

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

The provisions regarding door-to-door sales also apply to distance contracts, with the exception of provisions stating that no payment can be demanded from the consumer under any name or any document obligating the consumer in return for the good or service subject to the contract during the withdrawal period.

The seller or provider is obliged to refund the amount received, the valuable paper, and any document that obligates the consumer due to this legal transaction within ten days from the date the withdrawal notification reaches them, and to take back the good within twenty days.

Consumer credit

Article 10 - Consumer credit is credit that consumers receive in cash from a creditor for the purpose of acquiring a good or service. The consumer credit contract 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 to the detriment of the consumer during the contract period.

The contract includes:

a) The amount of consumer credit,

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 late payment interest rate, not exceeding thirty percent of the contractual interest rate,

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

h) Conditions regarding early repayment of the credit,

i) Conditions regarding which exchange rate will be taken into account in calculating installments and the total credit amount for repayment, if the credit is granted in a foreign currency.

If the creditor 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 creditor has performed all their obligations and if the consumer defaults on at least two consecutive installments. However, for the creditor to exercise this right, they must give a warning of maturity by giving at least one week's notice. In cases where personal collateral is given as security for consumer credit, the creditor cannot demand performance of the debt from the guarantor without first applying to the principal debtor.

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

If the creditor grants consumer credit on the condition of purchasing a specific brand of good or service or concluding a sales contract with a specific seller or provider, the creditor is jointly and severally liable with the seller or provider to the consumer in case of non-delivery or non-performance of the sold good or service at all or on time.

It is forbidden for the creditor to link payments to a valuable paper or to secure the credit by accepting a valuable paper. If a valuable paper is obtained from the consumer despite this prohibition, the consumer has the right to reclaim this valuable paper from the creditor. In addition, the creditor is obliged to compensate the consumer for any damage incurred due to the endorsement of the valuable paper.

Credit Cards

Article 10/A- Credits converted into cash credit as a result of purchasing goods or services with a credit card, or credits used by withdrawing cash 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.

The periodic account statements sent to the consumer by the creditor are considered 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 obligated under any name other than the late payment interest specified in sub-paragraph (f) of Article 10.

The creditor is obliged to notify the consumer of any interest rate increase thirty days in advance. The interest rate increased by the creditor cannot be applied retroactively. If the consumer pays the entire debt and stops using the credit within sixty days from the notification date, they will not be affected by the interest rate increase.

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

Periodicals

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

The periodical organization is obliged to announce the program regarding the delivery and performance dates of the goods or services subject to the campaign throughout Turkey in its advertisements and announcements for the campaign, and to deliver and perform 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 cannot be increased due to the increased cost caused by the goods or services promised as a second product. The promise and distribution of the goods or services subject to the campaign cannot be made in parts, nor can the inseparable or complementary parts of these goods or services be made subject to a separate campaign. In the application of this Law, transactions related to each good or service promised as a second product are considered independent campaigns.

Campaigns not organized by periodical organizations, but directly or indirectly linked to a periodical, are also subject to these provisions.

Subscription Contracts

Article 11/A- Consumers who are parties to any type of subscription contract can unilaterally terminate their subscriptions, provided that they notify the seller in writing of their request.

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 reaches them.

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

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

Price Tag

Article 12- It is mandatory to place a label on goods offered for retail sale or on their packaging or containers, in a easily visible and readable manner, containing the price including all taxes, place of production, and distinguishing features related to that good, or, in cases where it is not possible to place a label, to display lists containing the same information in appropriate visible places.

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

In case of a difference between the price stated on the label, price list, and tariff list and the cash register price, the sale is made at the price that is more favorable to the consumer.

It is prohibited to offer goods or services whose prices are determined by the Council of Ministers, public institutions and organizations, or professional organizations with the status of public institutions, for sale at a price above the determined price.

The Ministry regulates the form, content, procedures, and principles of labels and tariff lists with a regulation. The Ministry and municipalities are separately responsible for carrying out the tasks related to the application and monitoring of the provisions of this article.

Warranty Certificate

Article 13- Manufacturers or importers are obliged to issue a Ministry-approved warranty certificate for industrial goods they import or produce. The responsibility for completing and providing the warranty certificate, which includes the date and number of the invoice for the goods, to the consumer belongs to 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 some goods may be determined by the Ministry with a different unit of measure.

The seller is obliged to repair goods covered by the warranty certificate that break down within the warranty period, without demanding any fee under the name of labor cost, replaced part cost, or any other name.

If the consumer has exercised their right to repair, they may use their other optional rights specified in Article 4 in cases where the inability to benefit from the good becomes continuous due to frequent breakdowns within the warranty period, or the maximum repair period is exceeded, or it is understood that repair is not possible. The seller cannot refuse this demand. If this demand of the consumer is not met, the seller, dealer, agent, manufacturer-producer, and importer are jointly and severally responsible.

Breakdowns caused by the consumer's use of the good contrary to the instructions in the user manual are outside the scope of 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 breakdowns of these goods.

Instruction and User Manual

Article 14- It is mandatory to sell industrial goods produced or imported domestically with a Turkish manual for their introduction, use, maintenance, and simple repair, and, if necessary, with a label including 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 instruction and user manual and a label, and the minimum elements that must be included in them.

After-Sales Services

Article 15- Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce, or import, for the entire service life of that good determined and announced by the Ministry, by maintaining sufficient technical personnel and spare part stock.

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

In case the importer's commercial activity ceases in any way, the new importer of that good is obliged to provide maintenance and repair services for the entire service life.

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

If an industrial good that must be sold with a warranty certificate breaks down 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- It is essential that commercial advertisements and announcements comply with laws, principles determined by the Advertising Board, public morality, public order, personal rights, and are 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 acts of violence and crime, harm public health, exploit the sick, elderly, children, and disabled, and hidden advertisements are prohibited.

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

The advertiser is obliged to prove the concrete claims made 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, responsible for determining the principles to be followed in commercial advertisements and announcements, examining commercial advertisements and announcements within these principles, and, based on the examination results, temporarily suspending and/or suspending for up to three months and/or correcting by the same method and/or imposing monetary 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 accepted in the field of advertising, as well as country conditions.

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

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

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

c) One expert member in advertising appointed by the Turkish Radio and Television Corporation,

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

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

f) One lawyer member appointed by the Turkish Bar Association,

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

h) One member selected by all journalists' 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 representatives of consumer organizations participating in the Council, or appointed by their umbrella organizations,

k) One member appointed by the Union of Turkish Chambers of Agriculture,

l) One member appointed 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 trade union confederations,

r) One member from civil servant union confederations,

s) One member appointed 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 terms expire can be re-appointed or re-elected. If memberships become vacant for any reason, appointments or elections are made within one month according to the principles of the third paragraph.

The Board meets 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.

The Board may establish special expert committees to operate on a permanent or temporary basis when deemed necessary. Public personnel deemed appropriate by the Board to serve in these committees are appointed by the relevant public institutions.

The attendance fees to be paid to public officials among Board members and special expert committee members, and the attendance fees to be paid to non-public official Board members, are determined by the Ministry after obtaining 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 duties, establishment, operating procedures, and principles of the Advertising Board, as well as how secretariat services will be provided, are determined by a regulation to be issued by the Ministry.

Dangerous goods and services

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

The Ministry is responsible for determining and announcing, in cooperation with relevant ministries and other organizations, which goods or services must bear explanatory information and warnings, and the form and location of this information and warnings.

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

Relevant ministries are responsible for conducting or having audits conducted according to these principles. The procedures and principles regarding goods and services audits are determined and announced separately by each relevant ministry.

Consumer Education

Article 20- The Ministry of National Education makes necessary additions 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 for the protection of consumer problems, needs, and interests, and conveying opinions on measures to be taken for the resolution of problems in line with universal consumer rights, and on measures for the implementation of this Law, to the relevant authorities for their priority consideration.

The Consumer Council, chaired by the Minister or a Ministry official to be 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, the Undersecretariat of State Planning Organization, the Undersecretariat of Treasury, the Undersecretariat of Foreign Trade, the Turkish Patent Institute, the Turkish Statistical Institute, the Turkish Standards Institute, the Competition Authority, the Radio and Television Supreme Council, the Energy Market Regulatory Authority, the Telecommunications Authority, the Turkish Accreditation Agency, the National Productivity Center, the Presidency of Religious Affairs, metropolitan municipalities, the Union of Turkish Municipalities representing provincial municipalities, worker union confederations, civil servant union confederations, the Confederation of Turkish Employers' Associations, the Turkish National Cooperatives Union, the Council of Higher Education, the Turkish Bar Association, the Union of Chambers of Certified Public Accountants and Sworn-in Certified Public Accountants of Turkey, the Union of Chambers of Turkish Engineers and Architects, the Turkish Pharmacists' Association, the Turkish Medical Association, the Turkish Dental Association, the Turkish Veterinary Medical Association, the Confederation of Turkish Tradesmen and Craftsmen, the Union of Chambers and Commodity Exchanges of Turkey, the Banks Association of Turkey, the Association of Turkish Travel Agencies, the Turkish Hoteliers Association, the Union of Turkish Chambers of Agriculture, the Central Union of Consumer Cooperatives, the Ahi Research and Culture Foundation, and consumer organizations.

The number and qualifications of the representatives of the institutions and organizations constituting 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 can in no way 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 and other matters of the Consumer Council are regulated by a regulation to be issued by the Ministry.

Consumer problems arbitration committee

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

The consumer problems arbitration committee, chaired by the Provincial Director of Industry and Trade or an official appointed by him/her, consists of five members including the chairman: one member appointed by the mayor from among the expert municipal staff, one member appointed by the bar from among its members, one member appointed by the chamber of commerce and industry and the chambers of tradesmen and craftsmen, and one member selected by consumer organizations. The member to be appointed by the chamber of commerce and industry or, in places where they are established separately, the chamber of commerce and the chambers of tradesmen and craftsmen, is appointed by the relevant chamber depending on whether the person constituting the seller side of the dispute is a merchant or a tradesman and craftsman.

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

At least one rapporteur is assigned to the consumer problems arbitration committees to prepare the files that will form the basis of the committee's work and decisions and to submit a report regarding the dispute.

Application to consumer problems arbitration committees is mandatory for disputes with a value of less than five hundred million Turkish Liras. The decisions of the committee in these disputes are binding on the parties. These decisions are implemented according to the provisions of the Enforcement and Bankruptcy Law regarding the enforcement of judgments. The parties may object to these decisions before the consumer court within fifteen days. The objection does not stop the enforcement of the decision of the consumer problems arbitration committee. However, if requested, the judge may stop the enforcement of the decision of the consumer problems arbitration committee by way of an injunction. The decision of the consumer court on an objection against the decisions of the consumer problems arbitration committee is final.

In disputes with a value of five hundred million Turkish Liras and above, the decisions of the consumer problems arbitration committees can be put forward as evidence in consumer courts. The monetary limits regarding whether decisions are binding or constitute evidence increase at the annual average price increase rate in the Wholesale Price Index of the State Institute of Statistics at the end of October each year. This situation is announced by the Ministry in the Official Gazette in December each year.

All disputes, except for those subject to criminal sanctions in Article 25, are within the scope of the duties and powers of the consumer problems arbitration committees.

The procedures and principles for the payment of attendance fees or remuneration given to the Chairs, members, and rapporteurs of the Consumer Problems Arbitration Committees are determined by the Ministry after obtaining 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 of the consumer problems arbitration committees are regulated by a regulation to be issued by the Ministry.

PART FOUR

Provisions Regarding Judgment and Punishment
Consumer courts

Article 23- All disputes arising from the application of this Law are heard in consumer courts. The jurisdiction of consumer courts is 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 duties and fees. In lawsuits filed by consumer organizations, expert fees are covered by the Ministry from the special appropriation recorded according to Article 29. If the lawsuit results against the defendant, expert fees are collected from the defendant according to the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables and recorded as special revenue in the budget according to the principles regulated in Article 29. Lawsuits heard in consumer courts are conducted according to the provisions of Chapter Seven, Section Four of the Civil Procedure Code.

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

The Ministry and consumer organizations can file lawsuits in consumer courts for the elimination of illegal situations due to the violation of this Law in cases that are not individual consumer problems and generally concern consumers.

In necessary cases, consumer courts can decide to temporarily suspend the violation. Provisional injunction decisions deemed appropriate by the Consumer Court are immediately announced by the Press Advertisement Agency in one of the newspapers published nationwide and also, if any, in a local newspaper published where the lawsuit was filed, with the expenses to be recovered later from the unjustly proven party and recorded as special revenue in the budget according to the principles regulated in Article 29.

Decisions of the Consumer Court aimed at eliminating the illegal situation are also immediately announced by the same method, with the expenses to be recovered from the defendant.

Stopping production and sale and recalling goods

Article 24- In case a series of goods offered for sale is 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 is temporarily stopped. The producer-manufacturer and/or importer company is warned to eliminate the defect in 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 in the goods, the goods are collected or caused to be collected by the producer-manufacturer and/or importer. The collected goods are 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 has a defect that endangers consumer safety, the provisions of Law No. 4703 on the Preparation and Implementation of Technical Regulations for Products are reserved.

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

In cases where a series of defective goods subject to the provisions of the sixth paragraph of Article 4 is offered for sale, the provisions of this article do not apply.

Goods that appear different from what they are

Article 24/A- It is prohibited to produce, market, import, and export goods that, despite not being food products, appear different from what they are due to their shape, smell, appearance, packaging, label, volume, or size, and therefore endanger consumers' health and safety by being confused with food products by consumers.

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

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

Penalties

Article 25- A monetary penalty of 50 New Turkish Liras is imposed for each contract found to be in violation of the procedures and principles determined by the Ministry pursuant to the seventh paragraph of Article 6.

A monetary penalty of 100 New Turkish Liras is imposed on 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 monetary penalty of 250 New Turkish Liras is imposed on those who act contrary to the obligations specified in the fourth and sixth paragraphs of Article 7 and Article 8.

A monetary penalty of 500 New Turkish Liras is imposed 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, ten times the penalty is applied.

A monetary penalty of 1,000 New Turkish Liras is imposed on the producer-manufacturer and importer who act contrary to Article 18, and one-fifth of this penalty is imposed on the seller-provider.

A monetary penalty of 2,000 New Turkish Liras is imposed on those who act contrary to the first paragraph of Article 19.

A monetary penalty of 5,000 New Turkish Liras is imposed on those who act contrary to Article 11. If the violation is committed by a periodical publishing nationwide, twenty times the penalty is applied. The Ministry also requests the periodical organization to stop the campaign and all advertisements and announcements related to the campaign. If the violation continues despite this request, a monetary penalty of 100,000 New Turkish Liras is imposed for each issue-day from the date the obligation to stop the advertisement and announcement arose. The Ministry applies to the Consumer Court with a request to stop the campaign and all advertisements and announcements related to the campaign.

Those who act contrary to Article 16 are subject to temporary suspension for up to three months and/or suspension and/or correction and/or a monetary penalty of 3,500 New Turkish Liras. The Advertising Board may impose these penalties together or separately, depending on the nature of the violation. If the violation of Article 16 is committed through written, verbal, visual, and other means broadcasting nationwide, the monetary penalty is applied ten times over.

Those who act contrary to the seventh and eighth paragraphs of Article 7 are subject to a monetary penalty equal to the invoice value of the goods or services subject to the campaign. If the organizer of the campaign refunds the money when the consumer withdraws from the campaign, this penalty is not applied.

Those who act contrary to the second paragraph of Article 7 are given one week to organize a campaign in accordance with the provisions of Article 7. If the violation continues after this period, a monetary penalty of 50,000 New Turkish Liras is imposed on those who act contrary to this provision and those who act contrary to the obligations specified in Articles 24 and 24/A.

The monetary penalties specified in the above paragraphs are applied twice if the act is repeated within one year. Monetary penalties are increased at the beginning of each year according to the provisions of Article 2 of the Turkish Penal Code No. 765.

If other laws also provide for monetary penalties for the acts written in this Law, the heavier penalty applies.

Jurisdiction, objection, and statute of limitations in penalties

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

All monetary penalties regulated in this Law are administrative in nature. An objection to these penalties 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.

The monetary penalties imposed according to Article 25 are collected according to the provisions of the Law on the Procedure for the Collection of Public Receivables.

The statute of limitations period for imposing administrative monetary penalties regulated in this Law is one year. The statute of limitations period 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 ends or was last repeated. Recourse to legal action against the decision interrupts the collection statute of limitations.

Penalties are notified by the authority authorized to impose the penalty to the professional organization to which the relevant person belongs within seven days.

PART FIVE

Miscellaneous Provisions
Inspection

Article 27- In the application of this Law, Ministry inspectors and auditors, and personnel assigned by the Ministry and municipalities; are authorized to conduct audits, examinations, and investigations in all places where goods are placed and/or sold or services are provided, such as factories, stores, shops, commercial establishments, warehouses, and depots.

In matters covered by this Law, it is mandatory to provide all information and documents accurately and to provide original and certified copies to the authorized and responsible persons and organizations.

Laboratory

Article 28- The Ministry may utilize the laboratories established by official and private organizations for the application of this Law, excluding drug, preparation, cosmetic, and food analyses.

Samples taken during inspections conducted by the Ministry may be tested and examined in official or private organization laboratories. Test and examination fees are covered by 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 to this are paid by the producer or importer. These expenses are collected according to the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables. The collected test and examination fees are recorded as special revenue in the budget according to the principles regulated in Article 29.

Appropriation

Article 29- The expenses related to the establishment and operation of the Consumer Council, consumer problems arbitration committees, and the Advertising Board, financial aid to be provided to consumer associations and their umbrella organizations, the Ministry's expenses for consumer protection, other expenses, and additional payments to be made to personnel in amounts to be determined by the Ministry of Industry and Trade upon the approval of the Ministry of Finance regarding procedures and principles;

a) From the appropriation to be placed in the Ministry budget,

b) From 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 in case of capital increase, of the increased portion.

The revenues specified in sub-paragraph (b) are 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 are transferred to the account of the Ministry of Industry and Trade Central Treasury Directorate, and forty percent to the account of the Competition Authority at the end of each month.

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

A portion of the amounts recorded as special appropriation in the Ministry budget is used to support projects involving activities to be carried out by consumer associations that have been active for at least five years and are independent of commercial, political, and administrative organizations, and their umbrella organizations. No attendance fees or salaries can be paid from this account to those serving in the management and supervisory boards of consumer associations and their umbrella organizations. Other criteria that consumer associations and their umbrella organizations benefiting from this account must meet 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 amounts not spent within the year from the special appropriation thus recorded as special revenue and special appropriation carried forward to the budget of the following year.

Other Provisions

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

Regulations and Other Arrangements

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

Repealed Provisions

Article 32- Law No. 3489 on the Obligation of Non-Negotiable Sales, Law No. 632 on the Sale of Imported or Domestically Manufactured Vehicles, Engines, Machines, Tools, and Equipment with Identification, and Law No. 3003 on the Control and Determination of Cost and Sales Prices of Industrial Products have been repealed.

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

All enforcement actions taken due to credit card debts stop with the payment of the first installment according to the provision above and cease with all their consequences upon the payment of the last installment.

The provisions of this article 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 enter into force on the date of its publication, and its other articles enter into force three months after the date of its publication.

Execution

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