AFTER-SALES SERVICE OBLIGATIONS IN LUXURY GOODS

For businesses operating in the luxury segment, after-sale service obligations constitute not merely a matter of customer satisfaction, but also an essential element of brand reputation, client loyalty, and legal compliance. Particularly for high-value products, even a minor defect may lead to reputational damage, customer dissatisfaction and potential legal disputes.  This Newsletter examines the legal obligations that companies in the luxury segment must consider within the framework of the Consumer Protection Law No. 6502 (in Turkish, “Tüketicinin Korunması Hakkında Kanunu”, the “Law”), the Regulation on the Introductory and User Guides (in Turkish, “Tanıtma ve Kullanma Kılavuzu Yönetmeliği”), the Regulation on the Warranty Certificate(in Turkish, “Garanti Belgesi Yönetmeliği”), 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”).

Definition and Scope of Defective Products under Consumer Law Pursuant to Article 8 of the Law, a defective product is one that fails to provide the benefit reasonably expected by the consumer or does not conform to the characteristics advertised. This provision applies equally to all products, regardless of the segment. However, in a possible legal dispute, assessment of what constitutes a defect may vary based on the nature of the product and the legitimate expectations of the consumer. In the luxury segment, these expectations are considerably higher; therefore, even minor imperfections may be deemed defects.

As a result, for luxury brands, pre-sale quality control may constitute not only a measure of product quality assurance, but also a critical component of legal risk management.

Optional Rights Granted to Consumers with respect to Defective Products Pursuant to Article 11 of the Law, in the event that a consumer encounters a defective product, the consumer shall be entitled to exercise one of the following four legal remedy options; (i) withdrawal from the sales contract upon returning the defective product; (ii) having the defect repaired at the seller’s expense, provided that such repair does not involve disproportionate costs; (iii) replacement of the defective product with a non-defective product of equivalent value; (iv) requesting a reduction in the purchase price of the product in proportion to the defect.

Upon the consumer’s selection of one of these remedies, the seller is bound to comply with the chosen option.

Allocation of Liability Among Seller, Manufacturer and Importer By virtue of Decision of the 3^rd Civil Chamber of the Supreme Court with File numbered 2021/8941 and Decision numbered 2022/656, the Court provides essential evaluations concerning the exercise of aforementioned optional rights, ruling that the rights to free repair or replacement with a non-defective product may also be exercised against the manufacturer or importer. Accordingly, the rights to withdraw from the contract or to request a reduction in the price proportionate to the defect may only be exercised against the seller.

Legal and Strategic Functions of After-Sales Obligations It is commonly acknowledged that after-sales services cover a range of obligations that commence upon the delivery of a product to the consumer and continue throughout its period of use, including support, maintenance, repair, and returns. In accordance with the core principles of consumer protection law, after-sales services serve not only to ensure customer satisfaction but also serve to fulfil the legal obligations of both the seller and the manufacturer. The proper and legally compliant performance of these services is of critical importance, both for the protection of consumer rights and for the preservation of brand reputation and maintaining the long-term sustainability of customer loyalty.

In this regard, ensuring full compliance with the requirements based on the Law and respective regulations in force outlined hereinbelow concerning labeling, price tags, warranty and after-sales services for the products placed on the market is of the utmost importance.

1. Introductory And User Guide (in Turkish, “Tanıtıma ve Kullanma Kılavuzu”)
   The Article 55 of the Law and the Article 5 of the Regulation on the Introductory and User Guides set forth the terms regulating the guides provided to the customers along with the products regarding the introduction, use, installing, maintenance and repair instructions of the relevant product. Introductory and user guides might be written or added on the packing of the product according to the features or presentation of the product.

   The products offered for sale listed below are obliged to be sold with an introduction and user guide issued in Turkish and in a clear, simple and understandable manner:

   • All clothing products, excluding accessories such as handkerchiefs, belts, trouser suspenders and similar apparel accessories.
   • Leather bags, small leather goods
   • Watches
   • Shoes (footwear in general)
   • Towels, baby bibs and accessories, blankets
   • Cosmetic products

   The Article 7 of the said Regulation sets forth the information to be indicated in the introductory and user guide including but not limited to; the rules to be followed for the use, mounting, maintenance and simple repair of the products; information on usage errors; information on the maintenance, repair or the cleaning of the products that may be carried out by the customer; the expected life of the product.

2. Warranty Certificate (in Turkish, “Garanti Belgesi”)
   As per the Article 56 of the Law and the Regulation on Warranty Certificate, manufacturers and importers shall issue a warranty certificate in Turkish and in a clear, simple and legible manner for the products imported or put on market for the consumers in compliance with the legal requirements as to the content thereof.

   The sellers are liable for the due completion of the warranty certificate and for delivery thereof to the consumers. The warranty certificate may be given in writing on paper or trough a permanent data storage. However, it shall be given in writing on paper upon request of the customer. The invoices issued and delivered to the customers do not replace warranty certificates.

   Unless otherwise determined by the Ministry of Trade, due to the particularities of the products, the warranty period shall begin as from the delivery of the product and cannot be less than 2 (two) years. In case of repair, the time elapsed during the repair shall be added to the warranty period.

   As listed in the annex of the said Regulation, sunglasses and spectacle frames, watches, wooden and metal furniture fall under the products to be sold along with a warranty certificate.

   Pursuant to the Article 7 of the Regulation on the Warranty Certificate, the following information shall be indicated in the warranty certificates, including but not limited to warranty period, maximum repair period, information indicating that the entire product, including all its parts, is covered by the warranty period, information on usage errors, exclusions from warranty coverage.

3. After Sales Services (in Turkish, “Satış Sonrası Hizmetler”)
   As set forth in the Article 58 of the Law and detailed in the Regulation; manufacturers and importers are required to obtain an after-sales service qualification certificate approved by Ministry of Trade for the products in the annexed list of the said Regulation. After-sales service qualification certificate shall be valid for two (2) years and must be renewed before its validity period expires.

   Watches are subject to the aftersales service requirements foreseen as per the Regulation on the After Sales Services and the manufacturers or importers thereof shall obtain an Aftersales Services Competency Certificate (in Turkish “Satış Sonrası Hizmetleri Yeterlilik Belgesi”) certified by the Ministry of Customs and Trade for such products as per the Article 6 of the said Regulation.

   As per the annex of the Regulation on the After Sales Services; the lifetime of watches is determined as five (5) years, numbers of services are determined as one (1) and the maximum repair time is set forth as twenty (20) business days.

Liability for Imported Products and Contractual Risk Allocation For imported products, the local seller or importer bears direct liability toward the consumer. Pursuant to Article 3 of Law No. 6502, the “manufacturer, importer, and seller” are all held jointly and severally liable. Furthermore, Articles 219–231 of the Turkish Code of Obligations explicitly define the liability of importers in relation to product defects.

In this regard, distributor and supply agreements should clearly determine which party is responsible in cases involving defective products or returns. In the absence of such contractual provisions, the brand may be forced to deal directly with the consumer due to internal disputes between the importer and the brand. Therefore, it is crucial to include detailed clauses in the relevant agreements that allocate responsibility for returns and defects, and to establish a recourse mechanism among the parties.

Our Law Firm remains at your disposal for any further clarifications you may need.

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