AFTER SALES OBLIGATIONS UNDER THE TURKISH LAW
This Newsletter provides an overview of certain legal obligations that must be observed under the framework of the Consumer Protection Law No. 6502 (in Turkish, “Tüketicinin Korunması Hakkında Kanun”, the “Law”), the Regulation on After-Sales Services (in Turkish, “Satış Sonrası Hizmetler Yönetmeliği”, the “Regulation”), and the Turkish Code of Obligations (in Turkish, “Türk Borçlar Kanunu”, the “TCO”).
After Sales Services
Pursuant to Article 58 of the Law and the provisions of the Regulation, manufacturers and importers are obliged to obtain an After-Sales Services Competency Certificate (in Turkish, “Satış Sonrası Hizmetleri Yeterlilik Belgesi”, the “Certificate”) issued and approved by the Ministry of Trade for products listed in the annex of the Regulation. This certificate remains valid for two (2) years and must be renewed prior to its expiration.
According to the Regulation, the List of Consumer Products for Which After-Sales Services Are Mandatory are provided in the annex to the Regulation. The list specifies the service life, number and regional distribution of authorized service centers, and maximum repair periods applicable to each product category.
By way of examples, as set forth in the annex to the Regulation, manufacturers or importers of watches fall within the scope of the Regulation and are required to obtain the Certificate approved by the Ministry of Customs and Trade, in accordance with Article 6 of the Regulation. The expected lifetime of watches is five (5) years, the required number of service points is one (1), and the maximum repair period is twenty (20) business days.
Likewise, the service life of sunglasses and eyeglass frames is five (5) years, they do not require any service centers, and their maximum repair period is also twenty (20) business days.
The service life of mobile phones is five (5) years, with a total of twenty (20) service points across seven (7) geographical regions of Türkiye, and the maximum repair period is twenty (20) business days.
Furthermore, household electrical appliances, including refrigerators, washing machines, and dishwashers, must be serviced through authorized service centers, with an expected product lifetime of ten (10) years and a maximum repair period of twenty (20) business days.
Liability for Imported Products and Contractual Risk Allocation
For imported goods, the importer or local distributor bears direct responsibility toward consumers. Under Article 3 of Law No. 6502, the “manufacturer, importer, and seller” are jointly and severally liable for product-related issues. In addition, Articles 219–231 of the Turkish Code of Obligations regulate the liability of importers concerning product defects.
Accordingly, distributor and supply contracts must precisely define the parties’ respective responsibilities for defective products and customer returns. If such provisions are missing, the brand may become directly liable to consumers due to internal disagreements between the brand and the importer. Hence, it is essential that these contracts include detailed clauses on defect and return responsibilities and establish a clear recourse mechanism between the parties.
Our Law Firm remains at your disposal for any further clarifications you may need.
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