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NEWSLETTER 2013
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matters, he will benefit from rights to the detriment of the party who has
drafted the contract. By entering into force, the Law now regulates the
issues around which, when and how a consumer should be informed.
One of the important provisions of the Law relates to the issue of
consumers concluding various contracts, such as for periodic vacation,
long term vacation, contracts which are closed outside the workplaces,
prepaid and distance contracts, distance sales of financial and loan
services, without effectively examining the terms because of the attraction
of such transactions and enticing marketing tactics. In these cases, it is
generally seen that consumers regret having concluded such contracts in
the end. Therefore, the Law provides for a right of withdrawal, and this
right shall be used within 14 days.
As well as rights provided by the Code of Obligations to protect
consumers, the Law includes measures related to the supervision of the
market. For example, the supervision of unfair conditions, advertisements
and practices and the prohibition of all advertisements and unfair
commercial practices that could mislead the free will of consumers.
Definitions and Fundamental Principles Applicable to Consumer
Contracts
Definition of “consumer” in the Law is reconsidered and defined as
“a natural person or legal entity acting with no commercial or professional
purposes”. The scope of the consumer transaction is extended. Thus,
a consumer transaction may be all contracts and legal transactions
including, but not limited to, work agreements, carriage contracts,
brokerage contracts, insurance contracts, simple agency contracts,
banking agreements et seq.
In Article 4 of the Law, fundamental principles which will be
applicable to consumer contracts are specially provided. Accordingly,
contacts and information which are required to be issued in written form
will be issued in an understandable language, in a clear, simple and
readable manner, in at least a twelve point font; and one copy shall be
given to the consumer, on paper or via a memory data register. Conditions
provided in the contract shall not be amended to the detriment of the
consumer during the term of contract. It is stipulated that the consumer
shall not incur any additional charge for performances that the consumer