Fundamental concepts of consumer law (2)

SELLER

The seller includes all natural and legal persons, including public legal entities. Sellers are persons who sell goods to consumers for commercial or professional purposes with a profit motive. Natural or legal persons acting on behalf of or for the account of the seller are also included within the scope of the seller. Pursuant to Article 3/1-i of the Law on the Protection of Consumers, they bear all legal responsibilities of the seller. 

The following persons and organizations that conduct this business for the purpose of generating income within the scope of their commercial and professional activities are considered sellers pursuant to Article 3/1-i of the Law on the Protection of Consumers:

1. Public institutions and organizations,

2. Municipalities, 

3. Ministries and the like, 

4. Joint-stock companies, 

5. Limited liability companies, 

6. Natural persons operating a commercial enterprise for profit.

7. Public institutions and organizations that sell or provide goods and services within the scope of their duties, such as ASKI, ISKI, and electricity companies, are also considered sellers. 

The only criterion sought by the law is acting for commercial or professional purposes. The natural consequence of this is that the seller is always a natural or legal person acting with the aim of generating income. Persons acting without the aim of generating income cannot be accepted as sellers under any circumstances.

-PROVIDER

Provider refers to a natural or legal person who offers services to the consumer for commercial or professional purposes, including public legal entities, as well as those acting on behalf of or for the account of the service provider (Article 3/1-ı). As stated above for the seller, the only criterion sought by the Law on the Protection of Consumers is acting for commercial and professional purposes; the natural consequence of this is that the provider is always a natural or legal person acting with the aim of generating income. Natural or legal persons without the aim of generating income cannot be accepted as providers because the provider, who is the counterparty to the consumer transaction, is an entrepreneur acting for commercial and professional purposes. It is of no importance whether the provider is a natural or legal person.

-GOODS

Goods refer to movable property, residential or holiday-purpose immovable property, and all kinds of intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment that are the subject of a transaction. In the definition made in the third article of the Law on the Protection of Consumers; movable and immovable property, and all kinds of intangible abstract things such as software, audio, and video prepared for use in an electronic environment without physical existence are also within the scope of the concept of goods. In case of doubt, the concept of goods should be interpreted broadly in favor of the consumer.

-DEFECTIVE GOODS

We can say that liability and compensation claims arising from defective goods are among the issues where the most disputes occur in the field of consumer law. 

PART THREE Defective Goods and Services CHAPTER ONE Defective Goods 

The subject of defective goods is regulated in Article 8 of Law No. 6502. 

Elements of defective goods:

a- The goods not conforming to the sample or model agreed upon by the parties at the time of delivery to the consumer. 

b- Being contrary to the contract because the goods subject to delivery do not objectively possess the features they should have. 

c- Not possessing one or more of the features contained in its packaging, label, introduction and user manual, internet portal, or advertisements and announcements; 

d- Containing material, legal, or economic deficiencies that are contrary to the quality reported by the seller or determined in its technical regulation; that do not meet the intended use of equivalent goods; or that reduce or eliminate the benefits that the consumer reasonably expects. 

e-(3) The goods subject to the contract not being delivered within the period agreed upon in the contract.

f- Performance contrary to the contract in cases where the assembly is carried out by the seller or under their responsibility, by not being assembled properly. This practice is considered non-conforming performance. 

g- In cases where the assembly of the goods is foreseen to be done by the consumer, if the assembly is done incorrectly due to an error or deficiency in the assembly instructions, performance contrary to the contract occurs. 

The rights that the seller will have due to the consumer's attitudes and behaviors that constitute a breach of contract are not regulated in the Law on the Protection of Consumers No. 6502. 

In this regard, the general provisions of the Turkish Code of Obligations regarding sales contracts are applied. 

In cases where there is no provision in the Law on the Protection of Consumers, the fundamental laws, the Turkish Code of Obligations, the Turkish Civil Code, the Turkish Commercial Code, and other special laws are applied.  

In a sales contract, the consumer is the person who buys, uses, or benefits from the goods subject to the contract. Therefore, in a sales contract, the consumer also includes persons who actually or legally buy, use, and benefit from the goods. Persons other than the consumer who use and benefit from the goods can also exercise the optional rights arising from the defect just like the consumer. 

It is impossible to understand a law without knowing its fundamental concepts. The fundamental concepts of the Law on the Protection of Consumers No. 6502 are regulated in the third article of this law. The article is exactly as follows:

Definitions
ARTICLE 3- (1) In the implementation of this Law;
a) Minister: The Minister of Customs and Trade,
b) Ministry: The Ministry of Customs and Trade,
c) General Manager: The General Manager of Consumer Protection and Market Surveillance,
ç) General Directorate: The General Directorate of Consumer Protection and Market Surveillance,

d) Service: The subject of any consumer transaction other than the provision of goods, which is performed or undertaken to be performed in return for a fee or benefit,
e) Importer: A natural or legal person who imports goods or services or the raw materials or intermediate goods of these goods for commercial or professional purposes, including public legal entities, and puts them on the market by way of sale, lease, financial leasing, or similar means,

f) Permanent data storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card, and the like that allows the information sent by or to the consumer to be recorded in a way that allows for examination for a reasonable period of time in accordance with its purpose, and that allows for the information to be copied without being changed and to be accessed exactly as it is, 

g) Housing finance institution: Banks that provide loans directly to the consumer or engage in financial leasing within the scope of housing finance, as well as financial leasing companies and finance companies deemed appropriate to engage in housing finance activities by the Banking Regulation and Supervision Agency, 

Issue : 28835 Volume : 54 

ğ) Lender: A natural or legal person authorized to provide loans to consumers in accordance with the legislation, 

h) Goods: Movable property, residential or holiday-purpose immovable property, and all kinds of intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment that are the subject of a transaction, 

ı) Provider: A natural or legal person who offers services to the consumer for commercial or professional purposes, including public legal entities, or who acts on behalf of or for the account of the service provider, 

i) Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or who acts on behalf of or for the account of the goods provider, 

j) Technical regulation: The definition contained in the Law on the Preparation and Implementation of Technical Legislation Regarding Products No. 4703 dated 29/6/2001, 

k) Consumer: A natural or legal person acting for non-commercial or non-professional purposes, 

l) Consumer transaction: Any contract and legal transaction established between consumers and natural or legal persons acting for commercial or professional purposes, including public legal entities, or those acting on their behalf or for their account in goods or service markets, including works, carriage, brokerage, insurance, agency, banking, and similar contracts, 

m) Consumer organizations: Associations, foundations, or their umbrella organizations established for the purpose of protecting the consumer, 

n) Producer: A natural or legal person who produces the goods offered to the consumer or the raw materials or intermediate goods of these goods, including public legal entities, as well as those who show themselves as the producer by putting their brand, title, or any distinctive sign on the goods, refers to.