Consumer

Report
(New) Turkish Consumer Protection Act
2013 (entry into force May 2014)
Samim Unan
Aim- Article 1
• In a view to public interest,
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to protect the consumer in general
Health
Security
Compensation of losses sustained
Protection in respect of the environmental damages
To inform the consumer
To encourage the consumers with regards to self
protecting measures, civil society organizations
Scope- Article 2
• The law applies to consumer transactions and practices
directed to consumers. (Only b2c and p2c and not b2b or
p2b or p2p)
• “Consumer transaction” means any contract or legal act
(including contract for work, carriage, brokerage, insurance,
mandate, banking services or similar contract or legal acts)
between consumers and real or legal persons acting for the
purposes of their business or profession (including public
entities) in the market of goods or services. (Art3(l)).
• “Consumer” means real persons or legal entities acting for
purposes other than commercial or professional (Art.3(k)).
Fundamentals – Article 4
Basic Principles
• 4(1)- Where the law provides the written form
as form requirement, the contracts and
informative documents shall be drafted
– not less than 12 points (size),
– in an understandable language, clear and simply
readable manner.
• A copy printed on paper or in a durable
medium must be given to the consumer
Fundamentals – Article 4
Basic Principles
• Durable medium is defined in Art.3(f):
• CD, DVD, memory card, e-mail, SMS, internet
and similar medium or device
• Through which information sent by or to the
consumer can be recorded or stored for a
reasonable period
– in order to be examined later,
– Or to be copied without alteration
Durable medium in DMD (Distance
Marketing Directive of the EU)
• "Durable medium" is defined in the DMD as: “any instrument which
enables the consumer to store information addressed personally to
him in a way accessible for future reference for a period of time
adequate for the purposes of the information and which allows the
unchanged reproduction of the information stored”.
• Recital 20 of the DMD states:
"Durable mediums include in particular floppy disks, CD-ROMs,
DVDs and the hard drive of the consumer's computer on which the
electronic mail is stored, but they do not include Internet websites
unless they fulfil the criteria contained in the definition of a
durable medium."
Fundamentals – Article 4
Basic Principles
• Art.4(1) (continued)
• If a contract does not contain a term or terms
that should be included, this lack shall not
effect its validity.
• The gap must be remedied by the trader.
Fundamentals – Article 4
Basic Principles
• Art. 4(2)
• Contract terms cannot be altered during the
contract period to the detriment of the
consumer
Fundamentals – Article 4
Basic Principles
• Art.4(3)
• No additional charge can be requested from
the consumer in counterpart of
– The performances of obligations that the
consumer may reasonably expect in the context of
the contract entered into and that are included in
the legal obligations of the trader
– Expenses incurred by the drafter in his own
interest
Fundamentals – Article 4
Basic Principles
• Art.4(3)
• Any fees, remunerations, commission,
expenses (other than interest) that can be
collected in exchange of services or products
offered by banks, financial institutions
granting consumer loans and institutions
issuing cards shall be determined by the
Banking Regulator.
Fundamentals – Article 4
Basic Principles
• Art.4(4)
• The trader shall give the consumer all information
relating to all fees and/or expenses that he will
request on paper as attachment of the contract
(?).
• If the contract is concluded by using distant
communication means, information shall be
furnished in a manner suitable to the distant
communication means used.
• The burden of proof in respect of the information
duty lies with the trader.
Fundamentals – Article 4
Basic Principles
• Art.4(5)
• In respect of the legal acts accomplished by
consumers, as negotiable instrument only bills
written to the name of a specific person can
be created.
• Those bills must be separately created for
each installment.
• Otherwise they shall not be binding on the
consumer.
Fundamentals – Article 4
Basic Principles
• Art.4(6)
• Personal guarantees furnished in respect of
consumer transactions for securing the
obligations of the consumers shall be considered
“ordinary bailment” whatever the expression
used may be.
• On the contrary, personal guarantees furnished
by the other party (trader) for securing the
credits of the consumer shall always be
considered “joint bailment”
Fundamentals – Article 4
Basic Principles
• Art. 4(7)
• In consumer transactions compound interest
is prohibited even in cases of default.
Fundamentals – Article 5
Unfair contract terms
• Art.5(1)
• “Unfair contract terms” means clauses in a
contract causing an imbalance between
respective contractual commitments of the
parties to the detriment of the consumer in
violation of the good faith and fair dealing
Fundamentals – Article 5
Unfair contract terms
• Art.5(2)
• Unfair contract terms inserted in contracts
concluded with consumers are invalid.
• However other terms of the contract remain
valid
• The trader cannot pretend that he would not
have concluded the contract without the
invalid terms.
Fundamentals – Article 5
Unfair contract terms
• Art 5(3)
• If the consumer was not in a position to influence the
content of a clause because it was drafted in advance
and put in the standard contract, it shall be presumed
that the said clause was not negotiated. If the drafter
alleges that a clause of a standard contract was
negotiated with the consumer, he shall bear the burden
of proof.
• In case an overall evaluation reveals that a contract is a
standard one, the fact that a clause or a portion of it is
negotiated shall not exempt the remaining parts of the
application of rules about unfair contract terms.
Fundamentals – Article 5
Unfair contract terms
• Art.5(4)
• If contract terms are written (?), a clear and
understandable language must be used.
• If a clause is not clear and understandable or
is ambiguous, it will be construed in favor of
the consumer.
Fundamentals – Article 5
Unfair contract terms
• Art.5(5)
• Rules about unfair contract terms shall apply
also to contracts drafted by persons or
institutions pursuing activities on the basis of
an authorization granted by public authorities.
Fundamentals – Article 5
Unfair contract terms
• Art.5(6)
• The unfairness of a contract clause shall be
determined having regard to the goods sold or
services undertaken, circumstances underlying the
conclusion of the contract, other contract terms or
the terms of another contract related to the unfair
clause
• „Anknüpfungsmoment“ ist the conclusion of the
contract.
Fundamentals – Article 5
Unfair contract terms
Art.5(7)
The determination of unfairness shall not be based
on the valuation between
• The respective essential contract stipulations
(essentialia negotii)
• the price of the goods or the service in the market and
the price agreed in the contract
Provided that the clause is written in a clear and
understandable language.
Fundamentals – Article 5
Unfair contract terms
• Art.5(8)
• The Ministry shall be empowered to take
necessary action to eliminate unfair terms
from standard contracts or to prevent their
use
• Art.5(9)
• The Ministry shall be empowered to determine by
regulation contract terms that shall be regarded as
unfair without limitation(?).
Refraining from selling – Article 6
• Art.6(1)
• Goods exposed (in the shop window, on
electronic medium, on the shelf or on display)
must be sold unless it is expressly stated that
they are not for sale
• Art.6(2)
• It is not allowed to refrain from providing
services unless just cause exists.
Refraining from selling – Article 6
• Art.6.3
• Persons acting for commercial or professional
purposes shall not subject the sale of a good
or a service
– To the purchase of that good or service at a
quantity they unilaterally determine, or
– To the purchase of another good or service
unless usage or custom to the contrary or
reasonable cause exists.
Unsolicited goods or services- Article 7
• Art.7(1)
• No right can be invoked against the consumer in connection
with the sending unsolicited goods or providing unsolicited
services.
• The silence of the consumer or the consumption of the
good or service shall not be regarded as acceptation of the
offer destined to conclude a contract.
• The consumer is not under the obligation to send back or
protect the good.
• Art.7(2)
• He who alleges that goods or services are ordered shall
have the burden of proof in that respect.
Defective goods –Article 8-12
• Art.8(1)
• Defective are the goods which, at the moment
they are delivered to the consumer don’t
conform to the contract
– Because they differ from the sample or model
agreed, or
– Because they don’t bear the qualities they should
objectively possess.
Defective goods –Article 8-12
• Art.8.2
• Goods
– Not possessing all the particularities mentioned on the
package, label, user instruction, web site or
advertisements
– not conforming to the quality declared by the seller or
determined by the technical rules
– Not being equivalent to similar goods for the purpose of
use
– Possessing material, legal or economic defects reducing or
lifting the usefulness reasonably expected by the
consumer
Shall also be deemed defective.
Defective goods –Article 8-12
• Art.8(3)
• If the goods which are the subject matter of the
contract are not delivered within the agreed period or
• If the erection (montage, assembly) is not properly
carried out (in case the erection must be carried out by
the seller or under his responsibility), the performance
shall be deemed defective.
• If the erection is incumbent on the consumer, the
errors or defaults in the montage instructions shall
constitute also defective performance.
Defective goods –Article 8-12
• Art.9 (Liability for defective goods)
• The seller must deliver the goods in conformity with the contract.
• In respect of the declarations made through advertisements, the
seller shall not be liable for the their content, if he proves that
– He is not aware and should not be expected to be aware of those
declarations, or
– If the content of the declaration had been rectified before the
conclusion of the contract, or
– The decision to conclude the contract was taken irrespectively of the
declaration (no causal link)
Defective goods –Article 8-12
• Art.10 (Burden of proof)
• Defects discovered within six months
following the delivery shall be presumed to
have existed also at the delivery. In such case,
the burden to prove the exemption from
defect shall lye with the seller.
• This presumption shall not apply when
inconsistent with the nature of the defect or
the good.
Defective goods –Article 8-12
• Art.10 (Burden of proof)
• In case the consumer is aware or expected to
be aware of the defect at the conclusion of
the contract, the performance shall not be
considered defective. The consumer shall
nevertheless benefit of his rights for other
defects.
Defective goods –Article 8-12
• Art.10 (Burden of proof)
• A label easily readable must be put on the
defective good when offered to sale to warn
the consumer.
• This label must be given to the consumer or
an informative text (clearly written) must exist
on the invoice, sales slip or sales document.
• A product not conform to technical
parameters cannot be marketed.
Defective goods –Article 8-12
• Art.11 (Right of choice)
• In case the defect of the good is detected, the
consumer may
– Avoid the contract (by declaring his readiness to
surrender the defective good)
– Request a proportional reduction (by keeping the
goods)
– If repair is not excessively costly, request the repair of
the goods (all expenses shall then be borne by the
seller)
– If possible, request that the defective good be
replaced by a sound one.
Defective goods –Article 8-12
• Art.11 (Right of choice)
• Repair or replacement can be requested also
from the producer or the importer.
• Seller, producer and importer are jointly liable
for repair or replacement.
• However the producer or the importer may
escape liability if he proves that the defect
appeared after he launched out the good.
Defective goods –Article 8-12
• Art. 12 (Prescription)
• Claims for defective goods are prescribed in 2
years to count from the date of delivery.
• In respect of immovable property 5 years.
• For second hand sales at least (?) 1 year (for
immovable property at least (?) 3 years)
• If the defect was hidden by fraud, no
prescription(?).
Defective service –Article 13-16
• Similar rules (though with necessary
alterations) exist for defective services.
Consumer contracts-sale on
installments-Article 17 et seq.
• Sale on installments:
• In respect of goods or services.
• Consumer pays the price in different portions
throughout the period of time agreed.
• Leasing contracts are assimilated to sale on
installments
• Form requirement: written form. But the
“Formmangel“ cannot be invoked to the
detriment of the consumer.
Consumer contracts-sale on
installments-Article 17 et seq.
• The consumer has the right to avoid the
contract (withdrawal right).
• 7 days; dispatch is enough
• The consumer has also the right to pay the
whole amount of debt at once or pay the
installments before the due date. In both
cases the seller must make a reduction in
respect of interest and commission.
Consumer loans- Art.22 et seq.
• Consumer loan: a contract by which the credit
institute assumes the obligation to grant a
loan (through postponement of the payment,
drawdown facility or similar) against interest
or other advantage.
• Credit card contracts are deemed consumer
loans if they provide postponement for more
than 3 months or payment by installments.
• Form requirement: written form
Consumer loans- Art.22 et seq.
• Pre-contractual information duty: information
form containing the conditions of the loan
must be given to the consumer a reasonable
time before the conclusion of the contract.
• Consumer can avoid the contract within 14
days.
• The lender must inform the consumer about
the right of withdrawal.
Consumer loans- Art.22 et seq.
• Interest rate:
• In contracts concluded for a pre-determined
period, the interest rate must be fixed at the
outset and cannot be altered during the contract.
• If the contractual interest rate or the effective
annual interest or the total cost of the loan is not
indicated in the consumer loan contract, the loan
can be used without interest until the end of the
contract.
Consumer loans- Art.22 et seq.
• Alteration of the contract
• Alteration of the consumer credit conditions is
not possible when the consumer loan contract is
concluded for a determined period
• In case of a consumer credit contract for an
undetermined period, the alteration of the
interest rate must be notified (in writing on paper
or on durable medium) to the consumer 30 days
prior to the entry into force. In no case the
increase of the interest rate shall have any
retroactive effect.
Consumer loans- Art.22 et seq.
• The consumer shall have the right to effect
payments before the due dates agreed. If he does
so, decrease of the interest or commission.
• Unless the consumer requests in writing or by
means of a durable medium, no insurance
relating to the loan shall be taken out for the
consumer (?). The insurance taken out must be in
conformity with the object of the loan and in case
of a fixed sum insurance, with the outstanding
indebtedness and with the maturity date (?).
Consumer loans- Art.22 et seq.
• Tight loans (it is question of a tight loan when a
loan is granted exclusively for the purchase of a
determined good or service and the loan and sale
contracts form an economic entity).
• There is economic entity
– If the loan is financed by the seller or service provider
– Or if the loan is given by a third party lender, when the
lender profited from the services of the seller or
service provider for the preparation or conclusion of
the loan agreement
– Or if the loan agreement clearly states the sale of a
predetermined good or service.
Consumer loans- Art.22 et seq.
• If the consumer withdraws from the sales
contract, and addresses his withdrawal will also
to the lender within the withdrawal period, the
tight loan agreement will come to an end.
• In tight loans, if the goods are not delivered or
the service is not provided properly; the seller,
the service provider, and the lender shall be
jointly liable upon withdrawal of the consumer or
when the consumer avails himself of his right to
request a reduction of price.
Consumer loans- Art.22 et seq.
• In the absence of a stipulation providing that
the loan is granted for the purchase of a
determined good or service, the mere
payment by the lender of the purchase price
of a good or service that the consumer freely
decides is not a tight loan.
Consumer loans- Art.22 et seq.
• If a bank account is open in connection with a loan
agreement for a determined period and if this account
is used solely in relation to the loan, no fee or expense
can be charged to the consumer.
• A deposit account with credit cannot be opened in
relation to a loan agreement for a determined period
without the prior request of the consumer.
• Institutions issuing cards are not allowed to offer cards
to the consumers for which annual membership fee or
another similar fee is levied.
Home finance
• Home finance:
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Consumer loan for the purpose of purchasing home
Home finance by way of leasing
Loan facility secured by a mortgage on home
Loan facility granted in order to refinance the above
loans
• Form requirement: written form
• Pre-contractual information duty
• Special rules about default, tight loans, interest
rate, payments before the maturity date and
insurance imposition
Home finance with prepayment
• Consumer assumes the obligation to pay the
price (if agreed by installments) and the seller
assumes the obligation to transfer the property
over the real state and to deliver after the price is
fully paid.
• Form requirement, pre-contractual information
duty of the seller, right of withdrawal (within 14
days following the conclusion of the contract and
until transfer of the property over the real estate)
• Security: (insurance or other security to
guarantee the sellers’ obligations)
Other consumer contractscontracts concluded off-premises Art. 47
• “Contract concluded off-premises” means a contract
entered into by the seller or the provider and the
consumer
– outside the business premises with the physical presence
of the parties (irrespective of who has made the offer)
– at the business premises of the seller or the provider
without the physical presence of the parties or by distant
communication means, after negotiations conducted with
the consumer outside the business premises
– During a travel aimed at promoting or selling the goods or
services to the consumer
Other consumer contractscontracts concluded off premises Art. 47
• In respect of contracts concluded off-premises
• information duty
• Form requirement: Qualified written form (the
seller or the provider must ensure that the
consumer inserts the date with hand writing and
signs – wet signature), a copy must be given to
the consumer
• Right of withdrawal (cooling off period): 14 days.
Withdrawal period begins to run after
information about this right is furnished to the
consumer and extinguishes a year later (?).
Other consumer contractsDistant contracts Article 48
• A distant contract is a contract concluded
– without the physical presence of the parties,
– on a system created for distant marketing of goods or
services,
– with the use of distant communication means until
after the contract is entered into.
• The consumer must be informed about the
payment undertaking he assumes if he consents
to the contract.
• The seller or provider must perform within 30
days.
Other consumer contractsDistant contracts Article 48
• Right of withdrawal (cooling off period): 14 days.
Withdrawal period begins to run after
information about this right is furnished to the
consumer and extinguishes a year later (?).
• Electronic service providers who mediate on the
system they run on the Internet between
sellers/providers and consumers must keep the
records relating to the transactions and provide a
copy of these records to the consumer upon his
request.
Other consumer contracts- distant
financial service contracts – Article 49
• Financial services include any service of a
banking, credit, insurance, personal pension,
investment or payment nature.
• Distant contract about financial services are
contracts entered into by the provider and the
consumer on a system aimed at distant
marketing (of financial services), by using
distant communication means.
Other consumer contracts- distant
financial service contracts – Article 49
• Duty to inform the consumer about the
cooling off period (withdrawal right) and the
contractual obligations he will assume if he
enters into the contract with the provider.
• The information must include also that the
consumer is contacted for a commercial
purpose.
• Records must be kept: In particular the
acceptation of the consumer.
Other consumer contracts- financial
distant contracts – Article 49
• The provider must furnish the contract terms to the
consumer
– on paper or
– in a durable medium
• as a basic principle, before the consumer expresses his
consent to the contract,
• or if upon the request of the consumer the contract is
concluded by using a distant communication means
not appropriate to the provision of pre-contractual
information on paper, immediately after the contract is
entered into
Other consumer contracts- distant
financial service contracts – Article 49
• The consumer may request at any moment
during the contract, a copy of the contract on
paper without any charge.
• The consumer may ask for the change of the
distant communication means (provided that
the new means is suitable for the nature of
the financial service)
• Withdrawal right (cooling off period):14 days
Other consumer contracts- distant
financial service contracts – Article 49
• The consumer shall have the right to notify his
will to bring the contract to an end by “any”
distant communication means.
• Delegated acts: details will be determined by
the Ministry (a serious illness).
Other consumer contracts•
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Vacation Contracts
Time share vacation contracts – Article 50
Long term vacation service contract- Article 50
Package tour – Article 51
Subscription agreement – Article 52
Promotional organizations by media
enterprises- Article 53
Awareness - protection
• Price labels Art.54
• Price labels to be put on goods: to include the overall
price (including taxes), price per piece (unit), place of
production (or lists hung where labels are not
possible)
• With regards to services: price lists to hang
• In case of discrepancy between prices indicated on
labels or in lists and the price at the payment desk
(cash)- price in favor of the consumer shall prevail
• Reduced price offering campaigns (Solde =
Ausverkauf): price labels or lists to indicate the price
before and during the campaign
Awareness - protection
• User Manuals and Guides – Article 55
• Goods must be offered to consumers with user
manual or guide in Turkish (that shall include
information on the use, assembly, installation,
maintenance and simple repair) and with labels
containing international symbols and signs
• Warnings (whether written or oral) about safe
use –if they are on the goods- must be in Turkish
Awareness - protection
• User Manuals and Guides – Article 55
(continued)
• In case of goods presenting a risk for human
health or the environment, clear warnings must
be put on those goods or in the user manual.
• The preparation of the user manual shall be
under the responsibility of the producer and the
importer; the handing over of the user manual to
the consumer (and the onus of proof thereof)
shall be under the responsibility of the seller.
Awareness - protection
• Warranty certificate: - Article 56
• The producer and the importer must produce a
warranty certificate (content will be determined by the
Ministry) in respect of the goods.
• The seller shall be responsible for the completion of
the certificate and for handing over to the consumer.
• The warranty period is at least two years (from the
delivery of the goods). Based on the particularities of
the relevant good, the duration of the warranty may be
expressed otherwise (by the Ministry).
Awareness - protection
• Warranty certificate: - Article 56 (continued)
• In case the consumer has opted for the repair of the defective
good,
– if the good sustains another breakdown or
– the the maximum period for repair is exceeded or
– it is revealed that repair is impossible
the consumer may exercise another optional right.
• The seller cannot refuse the consumer’s request.
• The seller, producer and the importer shall be jointly liable for the
fulfillment of the consumer’s request.
Awareness - protection
• Voluntary warranty- Article 57
• Voluntary warranty means additional undertaking of the seller or
service provider, producer or importer in respect of the goods or
services (such undertaking may relate to replacement, repair,
maintenance, price reduction or similar), legal rights of the
consumer remain reserved.
• The use of the rights deriving from voluntary warranty cannot be
subject to the payment of any expense or fees.
• The voluntary warranty obligation must be assumed in writing or in
durable medium.
• The person who undertakes through advertisements shall be bound
by his public statements. Such statement must express that the
legal rights of the consumer are reserved and include the conditions
of benefiting from the warranty and the relevant period in which
the warranty will be effective.
Awareness - protection
• After-sales service: Article 58
• Producers and importers are responsible for
providing maintenance and repair service for the
goods until the expiry date (use- by date)
• For certain goods (determined by the Ministry)
they must obtain a license for that purpose
• The repair in an authorized service station must
be completed before the maximum period
officially determined
Awareness - protection
• After-sales service: Article 58 (continued)
• The producers or the importers may create their own service
station or use the services of already established service stations or
organizations. In the latter case they shall be liable for acts or
omissions of those services/ organizations.
• İndependent service stations also shall be liable to consumers for
defective services rendered.
• In case the commercial activity of the importer is ceased, the seller,
the producer and the new importer shall be jointly liable for the
provision of the the maintenance and repair service during the
warranty period. After the expiry of the warranty period, the
producer and the new importer shall provide the said services.
Awareness - protection
• Increasing the consumer consciousnessArticle 59
• In national education programs, new features
shall be added in order to increase consumer
awareness.
• Radios and TV chains: programs of at least 15
minutes per month between 08.00 – 22.00
hours.
Awareness - protection
• Consumer awards- Article 60
• Consumer awards are awards granted with a view
to encouraging the consumer protection or
consumer awareness or making use of the
consumer rights.
• Consumer awards must be given on a “not for
profit” basis and in accordance with criteria
published in advance.
Advertisements
• Commercial advertisement- Article 61
• Commercial advertisement means an announcement having the
character of marketing communication made in a channel by
written, visual, oral or similar means for the purpose of
– selling or renting a good or a service
– or informing or convincing the targeted group
in connection with a commerce, business, artisan or profession.
• Commercial advertisements must conform to principles determined
by the relevant authority, moral values, ordre public, personality
rights and to fair dealing.
Advertisements
• Commercial advertisement- Article 61
• Advertisements apt to misleading the consumer or
exploiting his inexperience or imperfection or putting him
in danger of death or bodily injury or property damage,
encouraging terrorist acts or criminality, harming public
health, exploiting aged persons, children, and disabled
persons are prohibited.
• Tacit (or implicit or disguised) advertisement is prohibited
(omission to mention as advertisement in writings, news,
emissions or programs what is in fact advertisement)
Unfair commercial practice- Article 62
• Unfair commercial practice means a commercial
practice not conform to professional diligence,
adversely affecting the behavior of the average
consumer (or the member of group) to whom it is
addressed, with regards to a specific good or service
(or increasing considerably this probability).
• In particular, aggressive or misleading practices (and
those enumerated in the official list published by the
Ministry) shall be deemed “unfair”.
• Unfair commercial practices are prohibited.
Councils
• Advertisement committee: determination of
the basic principles relating to advertisement;
protection of the consumer against unfair
commercial practices
• Consumer council: determination of
consumers’ problems; consumers’ needs and
reporting them to relevant authorities.
• Advertisement council: giving advice on
advertisement politics.
Judiciary on consumer protection
• Panel of arbitrators for small claims
• Appeal to consumer court possible against arbitrators’
decision
• Claims from a certain amount: Consumer courts.
Applications are free.
• Consumer organizations, relevant public authorities and the
Ministry are entitled to request (except in cases of unfair
commercial practices and commercial advertisements) in
case general consumer interests are involved
– precautionary measures for eventual violations,
– declaratory relief decisions in respect of a violation or
– the cessation of the violation
Judiciary on consumer protection
• The judicial decisions may be published.
• A legal action may be started by the Ministry, consumers or
the consumers organizations in order to obtain
– a declaratory relief determining that a series of goods offered to
public is defective
– that the production or sale be stopped
– that the defect be remedied
– that the goods be collected from those who keep them for
offering to sale.
Consumer organization means associations or foundations
established for the purpose of protecting the consumer.
Judiciary on consumer protection
• If the defective character of a series of goods offered to
sale is determined by a judicial decision, the court may
order the provisory cessation of sales or that the
defectiveness be remedied.
• The producer or the importer shall remedy the
defectiveness of the goods in three months from the
notification of the court decision.
• If defectiveness cannot be remedied due to
impossibility, the goods must be recalled by the
producer or the importer.
• The recalled goods shall be disposed of partially or
totally having regard to the risk they present.
Judiciary on consumer protection
• Penal sanctions
• The law provides pecuniary sanctions for most
of the violations.

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