HHK Legal

Legislative Amendments Regarding After Sales Services and Warranty Certificates

November 7, 2020

Some amendments have been made in the Warranty Certificate Regulation, After Sales Services Regulation and Introduction and Operating Manuals Regulation with the regulations published in the Official Gazette dated 5 November 2020 and numbered 31295.

The legislative amendments will take effect on January 1, 2021. The amendtments are about the following:

1-     It is regulated that the documents regarding receipt of the goods, warranty certificates and service receipts can be sent electronically.

The documents regarding receipt of the goods, warranty certificates and service receipts can be given to the consumer with a permanent data storage[1] (electronic media such as e-mail, message). These documents may be send in paper or electronically. However, if the consumer requests, the documents will also have to be given in writing.

According to the legislation, it is required to obtain approval from the consumer that the documents regarding receipt of the goods and service receipt have been given to the consumer. It is stated that this approval can be obtained electronically or in writing.

Signature and stamp will not be required for documents to be send electronically.

2-     Certain exceptions have been introduced regarding warranty certificates to be given in distance contracts.

An exception has been made for distance contracts regarding certain information that must be included in the warranty certificates (seller’s name, address, contact details, signature and stamp of the authorized person, delivery date and place of the product).

[1] The text message, electronic mail, internet, CD, DVD, memory card and any other similar tool or medium that ensure the information sent to the consumer is recorded for a reasonable period of review for its purpose and is copied without modification and allow access to this information exactly.

The obligation to include the above information in the warranty certificates to be given in distance contracts is no longer valid. Therefore, this information specific to each consumer transaction will not need to be included in the warranty certificate. The invoice will be taken into consideration regarding specified information.

1-     Additions have been made to products that must be sold with a warranty certificate.

In the annex of the Warranty Certificate Regulation, there is a list of products that must be sold with a warranty certificate. With the legislative amendment, new products such as baby monitoring cameras, 3D glasses, tablets, video cards, and laptop coolers have been added to this list. The full updated list is available at this link (only in Turkish).

2-     Some additional information is required to be included in the introduction and operating manuals.

In addition to the existing information in the introduction and operating manuals, it is stated that consumers should be informed about the following issues:

–        Information that manufacturer/importer’s website (if any) includes information on all authorized services and spare parts sales points,

–        Information that the authorized services is included in the Service Information System established by the Ministry of Trade.

Moreover, if the introduction and operating manual is transmitted to the consumer electronically, it is stipulated that the manufacturer/importer must provide the necessary information on the product or its packaging to access this manual.