law consultancy office
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tokbaş & partners

consumer law in retail sector

for companies :

for persons :

Retail Sector  is actually a roof sector, covering particularly the sub-sectors outside the sectors listed previously. This topic will address sectors like the textile sector or durable consumables sector. Retail sector will mean a sector where the target audience is entirely composed of consumers. Because it is clear that the products sold individually are for use purposes -other than exceptions. Particularly, the provisions of consumer law on defective goods-warranty-price for products offered to consumers through large markets.

 

tokbaş & partners provides consumer law service to retail sector manufacturers, importers and enterprises as well as to other companies and persons engaged in the retail sector thanks to its command of consumer law in the retail sector. These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows:  

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in retail sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft retail agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft retail sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new retail sector practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the retail sector

10.   Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to retail sector

 

 

Process Consultancy Services:

 

1.       Monitor retail agreements and express opinions on contractual discrepancies

2.       Monitor retail sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.   Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.    Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

 

Official Attorneyship Services:

 

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from defective retail goods

2.       Lawsuits for monetary and spiritual damages arising from the loss due to defective retail goods

3.       Follow-up lawsuits arising from the demand for the right of withdrawal

4.       Claims for damages arising from acts in breach of competition law in the retail sector

5.       Claims for damages arising from manipulative ads and unfair commercial practices in the retail sector