Ministry of Trade has published (i) Amendment Regulation of Warranty Certificate Regulation, (ii) Amendment Regulation of After Sales Services Regulation and (iii) Amendment Regulation of the Introduction and Operating Manuals Regulation on the Official Gazette dated 5 November 2020 and numbered 31295. With these regulations, important amendments have been made in the (i) Warranty Certificate Regulation, (ii) After Sales Services Regulation and (iii) Introduction and Operating Manuals Regulation published on the Official Gazette dated 13 June 2014 and numbered 29029. These amendments will enter into force on 1 January 2021.

Significant Amendments

The significant amendments that came with these regulations listed above are as follows:

(i) in Warranty Certificate Regulation:

• "Permanent data store" has been added as an additional clause to Article 3 regulating the definitions; and it is regulated that “permanent data store” shall mean “the text message, electronic mail, internet, CD, DVD, memory card and any other similar tool or medium that ensure the information sent to the consumer is recorded for a reasonable period of review for its purpose and is copied without modification and allow access to this information exactly.”
• With the amendment made in Article 5 titled the liability to issue warranty certificate, it is regulated that the warranty certificate can be issued in writing or with permanent data storage. With this provision, it has been possible to issue a guarantee certificate electronically. However, if the consumer demands so, the warranty certificate must be given in writing on paper.
• With the amendment made in Article 7, which regulates the mandatory information to be included in the warranty certificate, for the distance agreements the condition of the seller's title, address, telephone and other contact information as well as the signature and stamp of the authorized person in the warranty certificate will no longer be required. In addition, if the warranty certificate is issued with a permanent data storage, it will not be mandatory to have the signature and stamp of the authorized person of the seller.
• Finally, with the amendment in Annex 1, which regulates the goods that must have a warranty certificate, it is mandatory to issue a warranty certificate for the products such as tablets, drones, electric skateboards, smart watches and wristbands, book readers for the visually impaired people, virtual reality glasses, ATV vehicles, motor bikes, motor scooters, yachts, smart home and automation systems.

(ii) in After Sales Services Regulation

• "Permanent data store" has been added as an additional clause to Article 3 regulating the definitions; and it is regulated that “permanent data store” shall mean “the text message, electronic mail, internet, CD, DVD, memory card and any other similar tool or medium that ensure the information sent to the consumer is recorded for a reasonable period of review for its purpose and is copied without modification and allow access to this information exactly.”.
• With the addition to Article 11 titled documents to be issued by service stations, it is regulated that the documents regarding receipt of the goods and the service receipt can be also given with the permanent data storage. In parallel with the change in the Warranty Regulation, it will be mandatory to be given in writing on paper, if the consumer demands so. With the change, it has been possible to obtain the approval with the permanent data storage. The burden of proof regarding consumer's approval will belong to the service station.
• Finally, if the documents regarding receipt of the goods and the service receipt are given with the permanent data storage, the signature will not be required for these documents.

(iii) in Introduction and Operating Manuals Regulation

• With the amendment in Article 5 titled the obligation to issue the introduction and user manual, it is possible to give the introduction and user manual with the permanent data storage. If the introduction and user manual is given with the permanent data storage, the necessary information will be provided by the manufacturer or importer to access the introduction and user manual on the product or its packaging.
• With the amendment made in Article 7, which regulates the information required to be included in the introduction and user manual, if the manufacturer or importers have a website, it is mandatory to include up-to-date contact information regarding all authorized service stations and the places where spare parts materials will be provided on this website. The information that this contact information is included on the website will be one of the information that has to be in the introduction and user manual. In addition, all authorized service station information will be included in the Service Information System established by the Ministry of Trade.
• Similarly, the information on this issue will be one of the information that has to be in the introduction and user manual.

Conclusion

As described above, important changes have occurred in the secondary legislation of consumer law. As stated above, these changes will enter into force on 1 January 2021. With the changes made, the electronic period in consumer law will commence. Warranty certificate, documents regarding receipt of the goods, service receipt, introduction and user manual documents can be given electronically with the permanent data storage.