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Amendments to the Consumer Protection Legislation

Amendments to the Consumer Protection Legislation

Amendments and additions have been made to the consumer protection legislation with the Regulation Amending the Regulation on Warranty Certificate (the “Warranty Certificate Amending Regulation”), the Regulation Amending the Regulation on After-Sales Services (the “After-Sales Services Amending Regulation”) and the Regulation Amending the Regulation on Introduction and User Manual (the “Introduction and User Manual Amending Regulation”) (all shall be referred as the “Regulations”). Amendments brought with the Regulations will be effective as of 01.01.2021.

Amendments to the consumer protection legislation made by the Regulations and significant matters in relation to these amendments will be analysed in our article.

1. Amendments by the Warranty Certificate Amending Regulation

1.1 The Obligation of Manufacturers and Importers to Issue Warranty Certificates

Amendments to the Article 5 of the Regulation on Warranty Certificates that was published on the Official Gazette No. 29029 dated 13.06.2014 (the “Regulation on Warranty Certificates”) that regulates the obligation of manufacturers and importers to issue warranty certificates have been made with the Warranty Certificates Amending Regulation.

According to this amendment, manufacturers and importers are required to issue warranty certificates that are clear, comprehensible, simple, and legible for the unused goods that are manufactured or imported for their customers and listed in the appendix of the Regulation on Warranty Certificates

Additionally, the responsibility and burden of proof in relation to issuance and provision of warranty certificates are regulated to be on the supplier. Manufacturers and importers may provide warranty certificates to their customers either as a hard copy or through a permanent data storage method. However, it should be noted that they shall provide consumers with hard copies upon request of the consumer.

According to the addition that has been made to the definitions article of the Regulation on Warranty Certificates by the Warranty Certificates Amending Regulation, permanent data storage method is defined as “all kinds of devices or environments such as texts, electronic mails, internet, discs, CDs, DVDs, flash discs etc. that enables the customer to save, copy (without any change) and access to an information that is appropriate for analysing such information in a reasonable time.”

1.2 Mandatory Information on the Warranty Certificate

Some additional sub-paragraphs have been added to the Article 7 of the Regulation on Warranty Certificates that regulates the mandatory information that shall be displayed on the warranty certificates to be provided to the consumers by the Warranty Certificate Amending Regulation. According to the first paragraph of the relevant article, mandatory information that shall be demonstrated on the warranty certificates to be provided to the consumers are listed as follows:

a) Title, address, phone number and other contact information and signature and stamp of the authorised representative of the manufacturer or importer company,

b) Title, address, phone number and other contact information and signature and stamp of the authorised representative of the supplier,

c) Invoice date and number,

d) Type, brand, series and banderol and serial number (if any) of the goods,

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

f) Warranty period,

g) Maximum repair period,

h) Information on warranty coverage on the whole goods including all parts and pieces during the warranty period,

i) Information regarding optional rights provided under Article 11 of the Consumer Protection Law,

j) Information regarding misuse,

k) Information on application of consumers to the consumer courts and consumer arbitration committees for their complaint and objections,

l) Other rights of the consumers (if any).

According to the articles that have been inserted to the relevant article with the Warranty Certificate Amending Regulation,(b) (Title, address, phone number and other contact information and signature and stamp of the authorised representative of the supplier), (c) (Invoice date and number) and (d) (Type, brand, series and banderol and serial number (if any) of the goods) shall not be required in the event of distant sales and information on the invoice shall be deemed sufficient.

Additionally, the necessity for signature and stamp in the sub-paragraph (b) (Title, address, phone number and other contact information and signature and stamp of the authorised representative of the supplier) of the first paragraph shall not be required in the event of provision of the warranty certificates through permanent data storage methods,

List of goods that shall be supplied with a warranty certificate in the appendix of the Regulation on Warranty Certificates has also been updated with the Warranty Certificate Amending Regulation.

2. Amendments by the After-Sales Services Amending Regulation

Certain additions have been inserted to the article 11 of the Regulation on After-Sales Services that was published on the Official Gazette No. 29029 dated 13.06.2014 (the “Regulation on After-Sales Services”) that regulates the documents to be issued by the service stations have been made with the After-Sales Services Amending Regulation.

According to the added article, documents and service receipts regarding receipt of the goods may be provided through a permanent data storage method. However, provision of a hard copy of such document is mandatory in the event of request by the consumer for a hard copy. According to the addition that has been made to the definitions article of the Regulation on After-Sales Services with the After-Sales Services Amending Regulation, permanent data storage method is defined as “all kinds of devices or environments such as texts, electronic mails, internet, discs, CDs, DVDs, flash discs etc. that enables the customer to save, copy (without any change) and access to an information that is appropriate for analysing such information in a reasonable time.”

The said article requires approval of the customer in relation to receipt of such document which may either be obtained in a written form or through a permanent data storage method. It should also be noted that the burden of proof regarding obtaining approval of the consumer lies with the service stations according to the regulation. In the event of provision of the document regarding receipt of goods or service receipt through a permanent data storage method; name, surname and signature of the deliverer and recipient that are listed as mandatory information to be displayed on the documents for receipt of defective goods that are delivered to or received by the service stations subject to the sub-paragraph 1 of the Article 11 of the Regulation on After-Sales Services.

3. Amendments by Introduction and User Manual Amending Regulation

3.1 The Obligation to Issue an Introduction and User Manual

Certain additions have been made to the Article 5 of the Regulation on Introduction and User Manual that was published on the Official Gazette No. 29029 dated 13.06.2014 (the “Regulation on Introduction and User Manual”) that regulates the obligation of the manufacturers and importers to issue an introduction and user manual with the Introduction and User Manual Amending Regulation.

According to the relevant article, in the event of provision of the introduction and user manual via a permanent data storage method, manufacturers or importers are required to provide necessary information for accessing the introduction and user manual on the goods or on the package of the goods.

3.2 Mandatory Information on the Introduction and User Manual

Some additions have been inserted to the article 7 of the Regulation on Introduction and User Manual that regulates the required information to be demonstrated on the introduction and user manual have been made with the Introduction and User Manual Amending Regulation. The following information were required to be present on the introduction and user manual subject to the type of the goods and provision to the consumers before the amendment according to the relevant article:

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

b) Rules to be followed for usage, installation, maintenance, and simple repairs,

c) Important points for carriage and transportation,

d) Information regarding misuse,

e) Information regarding maintenance, repairs and cleaning that may be made by the consumer,

f) Information regarding time periods for routine maintenance and the person assigned for such maintenance (if routine maintenance is required),

g) A diagram demonstrating a guideline for connection and installation and information regarding the person assigned for such connection and installation,

h) Expected useful life of the goods that are determined and published in the list annexed to the After-Sales Services Regulation,

i) Title, address, phone number and other contact information of authorised service stations and places that may provide spare parts of the goods,

j) Title, address, phone number and other contact information of the manufacturer company residing abroad in the event of imported goods,

k) Information on application of consumers to the consumer courts and consumer arbitration committees for their complaint and objections,

l) Other rights of the consumers (if any).

(i) if manufacturers or importers have websites, information regarding current contact information of all authorised service stations and places that may provide spare parts of the goods on the website and

(ii) information regarding presence of information in relation to all authorised service stations on the Service Information System established by the Ministry of Commerce have also been added to the mandatory information listed above with the Regulation on Introduction and User Manual.

@Sena Güngördü, LLM | Kesikli Law Firm

10:02 , 30/12/2020 Comments Off on Amendments to the Consumer Protection Legislation