What are the fundamental principles governing consumer rights?

The fundamental principles governing consumer rights...

These are regulated in eight paragraphs under Article 4 of the 'LAW ON THE PROTECTION OF THE CONSUMER' numbered 6502. To make it easier to understand, I have attempted to explain these eight paragraphs as ten principles.

First principle:

Contracts and notifications stipulated to be arranged in writing under this law shall be prepared in at least 12-point font, in an understandable language, and in a clear, simple, and legible manner. A copy of these shall be provided to the consumer on paper or via a durable data storage device. The rules for the application of the first principle are as follows:

a- Contracts and notification documents cannot be smaller than 12 points.

b- Contracts must be written in an understandable language, and in a clear, simple, and legible manner.

c- A copy of the documents shall be provided to the consumer on paper or via a durable data storage device.

What is a durable data storage device?

A durable data storage device refers to tools such as text messages, electronic mail, the internet, disks, CDs, DVDs, and memory devices that allow information sent by or to the consumer to be recorded in a way that enables it to be examined for a reasonable period of time in accordance with its purpose, allows for copying without alteration, and enables the exact reproduction of the information.

Second principle:

In the event that one or more of the conditions that must be present in the contract are missing, the deficiency does not affect the validity of the contract. This deficiency shall be immediately remedied by the party drafting the contract. (65/4)

Third principle:

The conditions stipulated in the contract cannot be changed to the detriment of the consumer during the term of the contract. (65/4)

Fourth principle:

No additional fee may be demanded from the consumer for actions that the consumer reasonably expects to be performed within the scope of the goods or services offered to them and which are among the legal obligations of the party drafting the contract, nor for expenses incurred by the party drafting the contract for their own benefit. (65/4)

Fifth principle:

For products or services offered to the consumer by banks, financial institutions providing consumer loans, and card-issuing institutions, all types of fees, commissions, and expenses to be charged to the consumer, excluding interest, as well as the procedures and principles related to them, shall be determined by the Central Bank of the Republic of Turkey, taking into account the opinion of the Ministry and in accordance with the spirit of this law and in a manner that protects the consumer. (65/4)

Sixth principle:

It is mandatory to provide the consumer with information regarding all types of fees and expenses to be requested from the consumer based on the contracts regulated under this law, in writing on paper as an annex to the contract. In contracts established via remote communication tools, this information shall be provided in a manner appropriate to the remote communication tool used. The burden of proof that this information has been provided to the consumer lies with the party drafting the contract. (65/4)

Seventh principle:

For transactions made by the consumer, negotiable instruments may be issued only as registered securities and separately for each installment payment. Instruments issued in violation of the provisions of the fourth article are invalid for the consumer. (65/4)

Eighth principle:

In consumer transactions, personal guarantees taken in return for the consumer's obligations are considered simple suretyship, regardless of the name under which they are taken. Personal guarantees provided by the counterparty regarding the consumer's receivables are considered joint and several suretyship unless there is a provision to the contrary in other laws. (65/4)

Ninth principle:

Compound interest shall not be applied in consumer transactions, including in cases of default. (65/4)

Tenth principle:

This Law also covers participation banks in all its regulations. Implementation is carried out by taking the profit share into account. (65/4)

Conclusion:

The effective and efficient organization of the conscious consumer is a very important social power. The most effective power to protect the consumer against economic exploiters, greedy profiteers, inflation, and high costs is the power of an effectively organized, conscious consumer. Current organization is neither sufficient nor effective.