Recent Development
The Ministry of Trade (“Ministry“) published the Amendment Regulation of the Warranty Certificate Regulation; the Amendment Regulation of the After-Sales Services Regulation; and the Amendment Regulation of the Promotion and Operating Manuals Regulation in the Official Gazette No. 31295 on November 5, 2020 (“Amendment Regulations“). The amendments will enter into force as of January 1, 2021.
What’s New?
The Amendment Regulation of the Warranty Certificate Regulation and the Amendment Regulation of the After-Sales Services Regulation defined “Permanent Data Storage Device” as “Text message, electronic mail, internet, disc, CD, DVD, memory card and all similar tools or portals that enables information sent to the consumer to be recorded, copied without modification and accessed as it is and in a manner that allows the consumer to examine the information for a reasonable period of time in accordance with its purpose.”
The Amendment Regulations introduces the following amendments:
- Amended Article 5 of the Amendment Regulation of the Warranty Certificate Regulation expands the list of product subject to warranty certificate requirements. The updated list now includes products such as baby monitoring cameras, laptop coolers, smart TV boxes and unmanned aerial vehicles (drones). The amendment also allow consumers to be provided with warranty certificates either in writing or through a Permanent Data Storage Device. Nevertheless, if requested by consumers, the warranty certificates must be provided in writing. Amended Article 7 states that warranty certificates provided to consumers through a Permanent Data Storage Device are exempt from the signature and stamp requirement under Article 7(1). The warranty certificates to be issued after distance sales contracts do not have to include the title, address, phone number and other contact information of the seller or the signature and stamp of the authorized person, date and number of the invoice, date and place of delivery. For the purpose of evidence, to the extent the warranty certificates are issued after distance sales contracts and do not include this information, invoice information will be taken as a legal basis.
- Paragraph (6) added to Article 11 (1) of the Amendment Regulation of the After-Sales Services Regulation allows service stations to provide consumers with receipt documents and service slips through a Permanent Data Storage Device. Similar to warranty certificates, if requested by consumers, these documents must be offered to consumers in writing. Service stations will be obliged to obtain consumers’ confirmation of the delivery of these documents. The confirmation can be obtained in writing or through a Permanent Data Storage Device. In cases where receipt documents and service slips are offered through a Permanent Data Storage Device, the signature requirement under Article 11 will not be applicable.
- Amended Article 5 of the Amendment Regulation of the Promotion and Operating Manuals Regulation allows consumers to be provided with promotion and operating manuals through a Permanent Data Storage Device. In this case, information on how to access promotion and operating manuals will be included in the packaging or package of the product. Paragraph (ı) inserted to Article 7 obligates manufacturers or importers with websites to include up-to-date contact information of all authorized service stations and spare part sellers on their website. The newly included Paragraph (i) states that all information on authorized service stations will be included in the Service Information System launched by the Ministry.
Conclusion
The amendments in the Amendment Regulations defined Permanent Data Storage Device and offered customers the choice to receive required documents through Permanent Data Storage Devices. The burden of proof of delivery of the documents fall on manufacturers, importers and service stations. The amendments expand the list of products requiring warranty certificates. Lastly, manufacturers or importers with websites will be obliged to include up-to-date contact information of all authorized service stations and spare part sellers on their websites.
