AFTER SALES SERVICES REGULATION, INTRODUCTION AND USER MANUAL REGULATION AND WARRANTY CERTIFICATE REGULATION HAVE BEEN CHANGED 09 November 2020

With the Official Gazette published on November 5, 2020, some amendments have been made by the legislator in the After Sales Services Regulation, Introduction and User Manual Regulation and Warranty Certificate Regulation (collectively "Regulations"). 

What is the definition of "Permanent Data Store"?

With the amendment made to the After Sales Services Regulation and the Warranty Certificate Regulation, the definition of Permanent Data Store has been introduced. The Permanent Data Store means “Any means or environment such as text message, electronic mail, internet, disc, CD, DVD, memory card and similar tools that allow the consumer to record the information sent to him for a reasonable period of time for review and to be copied without modification and to access this information exactly”. The introduction of this definition paves the way for the physical delivery of the warranty certificate, introduction and user manual and service receipt documents to be delivered to the consumers in addition to the digital delivery. 
 

What are the Amendments Made In The Introduction and User Manual Regulation?
 

In the event that the manuals are given to the consumer through the permanent data storage with the addition to the 2nd paragraph of Article 5 of the Introduction and User Manual Regulation, the manufacturer or importer will also provide the necessary information on the introduction and access to the user manual on the product or its packaging. 
 

The amendment also changed the information to be included in the introduction and user manuals. Accordingly, in the introduction and user manuals; If the manufacturers or importers have websites, these sites will contain information on the up-to-date contact information of all authorized service stations and places where spare parts will be procured, and information on the Service Information System created by the Ministry of Commerce. 
 

What are the Amendments Made In The After Sales Services Regulation?
 

The receipt of the goods, which is now allowed to be given to the consumer by the service stations with a permanent data storage, must be given in writing on paper if the consumer demands. At the same time, it will be necessary to obtain approval that these documents are given to the consumer, and the burden of proof will be at the service stations. Service stations will be able to obtain this confirmation in writing or through permanent data storage. 
 

What are the Amendments Made In The Warranty Certificate Regulation?  
 

With the amendment, it has been stated that the guarantee certificate that manufacturers and importers have to issue for the goods they produce or import for consumers must be prepared in a clear, understandable, simple and readable manner in accordance with the provisions of the regulation. 
 

The responsibility of issuing the warranty certificate and giving it to the consumer and the proof that this responsibility has been fulfilled will also belong to the seller. 
 

In the warranty certificate, just like the obligation imposed on the service stations, if the request of the consumer is given in writing on paper, the sellers will have to submit the warranty certificate in writing. 
 

Article 7 of the regulation titled "Mandatory information to be included in the warranty certificate" has also been changed. Accordingly, the seller's title, address, telephone and other contact information as well as the signature and stamp of the authorized person in contracts established at a distance; invoice date and number; The delivery date and location conditions of the goods to the consumer will not be sought. In such cases, the information on the invoice will be taken as basis. If the warranty certificate is issued with a permanent data storage, the seller's title, address, telephone and other contact information will also be included in the warranty certificate, but at this point, the seller's signature and stamp will not be sought. 
 

When Will The Amendments Made Take Effect?

The amendments made in the After Sales Services Regulation, Introduction and User Manual Regulation and Warranty Certificate Regulation with the Official Gazette dated 05.11.2020 will come into force as of 01.01.2021.