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NEW REGULATIONS REGARDING CONSUMER RIGHTS LAW


1. Regulation Regarding the Amendments on the Warranty Certificate Regulation
“Regulation Regarding the Amendments on the Warranty Certificate Regulation”, prepared by the Ministry of Commerce, was published in the Official Gazette dated 5 November 2020 and numbered 31295. This regulation will enter into force on the date of 1 January 2021.The issues specified within the scope of the said Regulation are given below.

As per the Article 2 of this Regulation;

  • Manufacturers and importers are obliged to issue a warranty certificate in an understandable language, in a clear, simple and readable manner, in accordance with the provisions of this Regulation, for the unused goods that they produce or import for consumers, included in the list attached to the Regulation.
  • The responsibility of providing the warranty certificate to the consumer and proving that this responsibility has been fulfilled belongs to the seller. The warranty certificate can be given in writing or through a permanent data storage. Upon the demand of the consumer, it must be given in writing.
As per the Article 3 of this Regulation;
  • It is not required to include in the warranty document to be given to the consumers regarding the sales made for the execution of distance sales contracts, information such as; the title, address, telephone and other contact information of the seller, the signature and stamp of the authorized person, the date and number of the invoice, the delivery date of the goods. In such a case, the information in the invoice will be taken as basis.
  • If the warranty certificate is given with a permanent data storage, signature and stamp condition will not be required.
2. Regulation Regarding the Amendments on the After Sales Services Regulation

« Regulation on the Amendment of the After Sales Services Regulation » prepared by the Ministry of Commerce was published in the Official Gazette dated 5 November 2020 and numbered 31295. This regulation will enter into force on the date of 1 January 2021.

The issues specified within the scope of this Regulation are given below.

As per the Article 1 of this Regulation;

  • “After Sales Services Regulation” published in the Official Gazette dated 13 June 2014 and numbered 29029 will include a definition of a permanent data storage in parallel with the Law on the Protection of the Consumer No.6502.
As per the Article 2 of this Regulation;
  • The document showing the receipt of the goods and the service receipt can also be given to the consumer with the permanent data storage. Upon the consumer’s request, the receipt of the goods and the information receipt must be given in writing. It will be mandatory to obtain confirmation that the documents have been given to the consumer, and the approval can be obtained in writing or through the permanent data storage. The burden of proof that the consumer’s approval has been obtained will belong to the service station. If the receipt of the goods and the service receipt are given with a permanent data storage, the signature requirement will not be sought.
3. Regulation Regarding the Amendments on the Introduction And User Guide Regulation

“Regulation Regarding the Amendments on the Introduction and User Guide Regulation” prepared by the Ministry of Commerce has been published in the Official Gazette on 5 November 2020 and numbered 31295. This regulation will enter into force on the date of 1 January 2021.

The issues specified within the scope of the regulation are given below.

As per the Article 1 of this Regulation;

  • In the event that the introduction and user guide is given with a permanent data storage, the necessary information shall be given by the manufacturer or importer on the product or its packaging, in order to access the introduction and user guide.
As per the Article 3 of this Regulation;
  • If there is a web site of manufacturers or importers, information that the site contains up-to-date contact information regarding all authorized service stations and the places where spare parts will be obtained shall be included in the introduction and user guide.
  • Information regarding that all authorized service station information is included in the Service Information System created by the Ministry shall also be included in the introduction and user guide.
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