New rights of the consumer in 12 articles

The regulations made in March in the Consumer Law and the Property Ownership Law and published in the Official Gazette on April 1, increasing the consumer’s protection armor, entered into force today. As of today, in order to be able to claim the entire debt from the consumer who has difficulty in paying for shopping in installments, it will be required that the consumer has not paid one-tenth of the debt written in the contract.

According to the news of Aysel Alp from Hürriyet newspaper; Since the effective date of the law changes made in April was determined as October 1, a period of increased consumer rights and increased protection against ‘deception, deception, sales of defective goods and services’ by malicious sellers began. Here are the provisions that came into force as of today and ensure the protection of the consumer:

DEBITABLES IN DEFAULT

1- In the event that the consumer fails to pay his debt on time for various reasons, the seller will not be able to claim the entire remaining debt by saying ‘this is our contract’. In order to request this, all commitments to the consumer must be fulfilled, as well as not paying at least one tenth of the price in the contract.

RIGHT OF WITHDRAWAL ON CREDIT

2- In any case, the consumer has the right to withdraw from the loan he/she uses within 14 days without giving any reason or paying any penalty. However, if he pays the entire loan debt early within 14 days, he will not be required to notify the financial institution.

INTEREST INCREASE CANNOT BE APPLIED IMMEDIATELY

3- Variable interest rates are applied to indefinite term loan agreements such as credit cards and overdraft accounts given to consumers. In the new period, banks and financial institutions will not be able to immediately reflect the increase in interest rates to the debt, citing the increase in interest rates. In such increases, the consumer will be notified in writing 30 days in advance. This notice will include details on the change in the amount, number and range of payments to be made after the new interest rate takes effect. The new interest rate cannot be applied retrospectively. If the consumer pays the entire debt within 60 days at the latest from the notification date, he will not be affected by the interest increase. Interest reductions will be reflected in the consumer’s payments immediately.

CANNOT BE FORCED TO INSURANCE

4- Credit-linked insurance cannot be taken out without the explicit request of the consumer through a written or permanent data storage. The guarantee provided by the consumer from the insurance company of his choice will have to be accepted by the creditor. Consumer loan, housing loan usage will not be made conditional on purchasing products or services such as opening an additional account, automatic payment order, finteks membership.

REASON FOR ORDER TERMINATION WITHOUT 30 DAYS

5- In online shopping, that is, in distance contracts, if the order does not reach the consumer within 30 days, the consumer will be able to terminate the contract.

NEW RESPONSIBILITY TO WEBSITES

6- Websites that enable the consumer to purchase services or products from various companies will first put in place a system that will enable them to transmit and follow up the demands and notifications of the consumer, and to provide uninterrupted service. In addition, informing the consumer about the products and services sold, keeping their records, each transaction of the sellers who violate the contract, the delivery of the products; They were made responsible for fulfilling the commitments made in promotional and gift campaigns, and the compatibility of the information in the advertisements with the issues in the preliminary information.

RENEWED TABLETS PHONES

7- As of today, a minimum of 1 year warranty will be given to the consumer for used goods such as phones, tablets, computers, small household appliances, which are offered for resale through ‘authorized vendors’ by improving their hardware, software or physical features. Those who renew without a renewal authorization certificate will be penalized with a penalty of 500 thousand liras.

5,000 TL PENALTY FOR PRIVATE SERVICE

8- First of all, service stations that are not affiliated with any manufacturer or importer will use the phrase ‘Special Service’ in a way that the consumer can easily see and read in all kinds of media, shops, search engine advertisements. Services that do not comply with this provision will be fined 5 thousand liras.

COMPENSATION FROM THE SPARE PARTS DONE

9- According to the After-Sales Services Regulation, the service life of products such as mobile phones, modems, computers, tablets, printers, game consoles, blood pressure monitors, hearing aids, high chairs, car seats is 5 years; 10 years for radios, televisions, automobiles, vans, wheelchairs, battery powered vehicles for the disabled, air conditioners, combi boilers, water heaters, water purifiers, shower cabins, toilet bowls; It is determined as 7 years for solar heating systems. As of October 1, if sellers and service providers do not have spare parts within the product’s lifetime after sales, consumers have the right to demand compensation from them.

UPPER LIMIT 30 THOUSAND LIRA

10- The upper limit sought in the application has been increased from 15 thousand liras to 30 thousand liras so that more products and services can be complained to the consumer arbitration committees, which is the easiest way for the consumer to seek rights.

SELLERS THAT HOLD INFORMATION DOCUMENTS

11- Consumers will be exempt from litigation expenses and attorney fees, even if they lose the case against sellers who do not present the information and documents in their possession to the arbitral tribunal and then submit them to the consumer court.

HOUSING DELIVERY EXTENDED TO 4 YEARS

12- In the Consumer Law, in a sense, the only regulation against the consumer was in prepaid housing sales contracts. Previously, the construction period of the contractors could not exceed 36 months, but with the new change, this period has been increased to 48 months, that is, from 3 to 4 years.


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Source: bigpara- GÜNDEM by bigpara.hurriyet.com.tr.

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