Within the scope of the amendment regulations published at the Official Gazette dated 05.11.2020, certain amendments have been made to the Regulation on Warranty Certificate, Regulation on After Sales Services and Regulation on Introductory and Operating Manual and the details of the amendments are set forth below.

  1. AMENDMENTS TO REGULATION ON WARRANTY CERTIFICATE

The following amendments have been made regarding the Regulation on Warranty Certificate. The amendments will enter in force on 01.01.2021.

  • The following definitions have been amended and a new definition has been added in article 4 of Regulation on Warranty Certificate, which regulates the definitions:

“ARTICLE 4 ­– (1) In this Regulation, the following expressions have the meanings set forth below;

….

b) Ministry: Ministry of Customs and Trade,

….

ç) General Directorate: General Directorate of Consumer Protection and Market Surveillance,

d) Business day: Business days, except for national, official and religious holidays and new year, May 1st, July 15th and Sundays,

 …

i) Permanent data register: All kinds of tools or means, such as short message, electronic mail, internet, disc, CD, DVD, memory card and similar tools or means, which enable the information sent to the consumer to be recorded in a way to be reviewed for a reasonable period of time in accordance with the purpose of such information and to be copied without any modification and which allow this information to be accessed exactly.”

  • Article 5 of the Regulation on Warranty Certificate that is explaining the necessity of issuing a warranty certificate has been rearranged as follows. In this context, the option of giving the warranty certificate to the consumer through a permanent data register was mentioned; however, if the consumer requests a printed copy, the warranty certificate must also be given in writing on paper.

“ARTICLE 5 – (1) Manufacturers and importers are obliged to issue a warranty certificate in an understandable language, in a clear, simple and readable format, in accordance with the provisions of this Regulation, for the unused goods that they manufacture or import for consumers, which are included in the list attached to this Regulation.(2) The seller will be liable to ensure that the warranty certificate to be prepared in accordance with the provisions of this regulation is issued and given to the consumer and to prove that this obligation is fulfilled. The seller will be liable for issuance and provision of the warranty certificate to the consumer and for proving such liability is fulfilled. The warranty certificate may be provided in writing on paper or through permanent data register. If the consumer demands, it must be given in writing on paper.

(3) Invoices issued in relation to the sold product do not replace the warranty certificate.”

  • The following provisions have been added as paragraphs 2 and 3 to article 7, which regulates provisions related to the information that must be included in the warranty certificate. In this respect, article 7 has been amended as follows:

“Article 7 – (1) The following information must be included in the warranty document to be provided to the consumers:

a) The title, address, telephone and other contact information of the manufacturer or importer company, as well as the signature and stamp of the authorized person,

b) The title, address, telephone and other contact information of the seller, and signature and stamp of the authorized person,

c) Invoice date and number,

ç) Type, brand, model of the good, and if any, banderol and serial number,

d) Date and place of delivery for the goods to the consumer,

e) Warranty period,

f) Maximum repair period,

g) Information stating that the entire product, including all of its parts, is under the scope of the warranty during the warranty period,

ğ) Information on the optional rights provided to the consumer in article 11 of the Law,

h) Information about usage errors,

ı) Information stating that the consumers can make applications related to their complaints and objections to consumer courts and consumer arbitration committees,

i) Other rights provided to the consumer, if any.

(2) The conditions specified in subparagraphs (b), (c) and (d) of the first paragraph are not required for contracts established distantly. In such case, the information set out in the invoice is taken as basis.

(3) If the warranty certificate is issued through permanent data register, the signature and stamp condition set out in the subparagraph (b) of the first paragraph is not required.”

  • The Annex 1 of the same regulation has been amended and the products, for which issuance of a warranty certificate is obligatory, have been updated. Within the scope of the amendments made, it has been determined that some products included in Annex 1 are:
  • Baby Monitoring Cameras and Parental Monitors
  • Tablets
  • Smart TV Boxes (Set Top Box etc.)
  • Electrical Shutters
  1. AMENDMENTS ON REGULATION ON AFTER SALES SERVICES

The following amendments have been made regarding the Regulation on After Sales Services. The amendments made will enter in force on 01.01.2021.

  • The following definitions have been amended and a new definition has been added in article 4 of Regulation  of After Sales Services, which regulates the definitions:

“ARTICLE 4 – (1) In this Regulation, the following expressions have the meanings set forth below;

….

d) Business day: Business days, except for national, official and religious holidays and new year, May 1st, July 15th and Sundays,

 …

n) Permanent data register: All kinds of tools or means, such as short message, electronic mail, internet, disc, CD, DVD, memory card and similar tools or means, which enable the information sent to the consumer to be recorded in a way to be reviewed for a reasonable period of time in accordance with the purpose of such information and to be copied without any modification and which allow this information to be accessed exactly.”

  • The following paragraph has been added to article 11, which regulates the documents to be issued by service stations, thus, the option of delivering the document related to the delivery of the goods and delivery receipt to the consumer through a permanent data register has been introduced; however, if the consumer demands, it is also obligatory to submit a printed copy on paper. In addition, the condition of obtaining approval regarding the submission of the mentioned documents to the consumer has been introduced.

“ARTICLE 11 – (1) It is obligatory for the service stations to issue a document containing the following information regarding the receipt of the defective goods delivered to them or received by them, excluding the defective goods sent to them by cargo:

…

(2) Service stations are obliged to complete the service receipt containing the following information about the goods delivered to the consumers and provide it to the consumers.

…

(6) The document showing the receipt of the goods and the service receipt can also be given to the consumer through a permanent data register. If the consumer demands, it must be given in writing on paper. Confirmation that these documents are given to the consumer must be obtained. The consent can be obtained in writing or through permanent data store. The burden of proof of the consumer’s approval belongs to the service station. In the event the document regarding the receipt of the goods and the service receipt are given through a permanent data register, the signature condition in the first and second paragraphs is not required. “

  1. AMENDMENTS ON REGULATION ON INTRODUCTORY AND OPERATING MANUAL

The following amendments have been made regarding the Regulation on Introductory and Operating Manual. The amendments will enter in force on 01.01.2021.

  • In article 4 of the Regulation regulating the definitions, the term “Ministry” was previously defined as the Ministry of Customs and Trade; however, it is amended as “Ministry of Trade”.
  • The following sentence has been added to the second paragraph of article 5 of the same regulation. In this respect, the option to provide the introductory and operating manual to the consumer through a permanent data register was introduced.

“ARTICLE 5 –

…

(2) The introductory and operating manual is prepared in a clear, simple, understandable language and in a readable format and delivered to the consumer in writing on paper or through a permanent data register. In case the introductory and operating manual is provided through permanent data register, the necessary information is provided by the manufacturer or importer on the product or its packaging to access the introductory and operating manual.”

  • The following sub-paragraphs are added to the first paragraph of article 7 of the same Regulation after the sub-paragraph h and within this scope, the scope of the information that must be included in the introductory and operating manual has been expanded:

“ARTICLE 7 – (1) It is obligatory to include the following information in the introductory and operating manual according to the nature of the product and the way it is presented to the consumer:  

a) Title, address, telephone number and other contact information of the manufacturer or importer company,

b) Rules to be followed in use, installation, maintenance and simple repair,

c) Matters to be considered during handling and transportation,

ç) Information about usage errors,

d) Introductory and basic information about its features,

e) Information about the maintenance, repair or cleaning of the products that can be performed by the consumer,

 f) In case periodic maintenance is required, information regarding the time intervals for the performance of the periodic maintenance and by whom the periodic maintenance must be performed,

g) A diagram showing how the connection or assembly will be made and information about who will make the connection or assembly,

ğ) The service life determined and announced in the list that is an annex to the After Sales Services Regulation published at the Official Gazette dated 13/06/2014 and numbered 29029,

h) Title, address, telephone number and other contact information of authorized service stations and places where spare parts can be obtained,

ı) If there is a website of manufacturers or importers, information stating that the site contains up-to-date contact information regarding all authorized service stations and the places where spare parts will be obtained,

i) Information stating that all authorized service station information is included in the Service Information System created by the Ministry,

j) For imported goods, title, address, telephone number and other contact information of the manufacturer company located abroad,

k) Information on the optional rights provided to the consumer in article 11 of the Law,

l) Information stating that the consumers can make the applications regarding their complaints and objections to consumer courts and consumer arbitration committees,

m) Other rights provided to the consumer, if any.”