Unfortunately, in the current situation, cash money has not seen its former value, so we have even started to give cards to the bagel seller on the street. Since we can make almost all of our payments with credit or debit cards, this has caused us to consider cash with us unnecessary.
If you are a buyer, it is of course a great convenience to be able to make all payments by card without having to carry cash, albeit due to economic conditions. However, when we look at the seller’s side, we are faced with the deductions in card payments. Sellers also charge more money from buyers to reduce these deductions. So is this legal?
No, it’s not legal. Any economic crisis or situation cannot be an excuse for this.
POS devices given to workplaces enable tradesmen to pay commission to the contracted organization with the payment they receive from this POS. As lawyer Bahadırhan Tabak stated before, this commission amount varies from organization to organization. However, the workplace that wants to minimize this interruption passes the commission on to the customer. In other words, while the customer pays the commission debt of the workplace to the contracted organization, that money remains with the seller.
Stop and say; You may justify this commission that has been charged to you by saying, “What is 1-2 liras for me, it is not even worth it”, but here the issue is far beyond our right or wrong, it is fixed by law. The law we are talking about is the Bank Cards and Credit Cards Law published in 2006.
So what is explained here?
Article 17 of this law clarifies the situation as follows:
“Member businesses are obliged to accept card holders’ requests to pay for their purchases of goods and services by debit card or credit card. This obligation also applies during discount periods. Member businesses cannot ask the card holder to make an additional payment under the name of commission or similar for using the card. “In case of non-compliance with this provision, the merchant agreement will be terminated by the organizations that have concluded the merchant agreement and a new agreement cannot be concluded for one year.”
If the contracted organization that provides the POS device detects this situation, it can terminate the contract.
If this happens, there is no way to get a POS from a different organization. Because, as stated in the law, businesses cannot make a new agreement for 1 year. Also, not being able to buy a new POS device is not the only problem. A judicial fine is also imposed on the business owner. As we said before, you may find this justified, but when purchasing a POS device, the workplace already makes an agreement for this. This commission is then reflected to you.
It is up to you whether to prevent this or not:
Bahadırhan Tabak says that to prevent this, an application should be made to the Consumer Arbitration Committee. According to Tabak, the bank that has severed its relationship with the business has no obligation to pay the consumer. In order to get your own refund, you must apply to the Consumer Arbitration Committee with evidence such as a receipt.
As we have repeatedly stated in the article, the problem is not whether it is important to withdraw 1-2 lira extra. These amounts, which are already insignificant to us, can grow considerably at the end of the month. In this case, while putting extra unfair profit into the seller’s pocket, we are simultaneously paying off the debt to the organization. What are your thoughts about the increase in commissions and the customer paying this amount?
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