We have summarized the changes brought by the "Regulation on the Amendment of the Guarantee Certificate Regulation" published in the Official Gazette on November 5, 2020. The amendments aim at harmonizing distance sales / e-sales transactions with the regulation.
In this context;
"Permanent data storage" is defined. According to the definition, permanent data storage means, any instrument or environment such as text message, electronic mail, internet, disk, CD, DVD, memory card or similar, in which the information sent to the consumer is recorded and copied without modification for a reasonable period of time and which allows access to the mentioned information.
Furthermore, article 5 –regarding the obligation to issue a guarantee certificate- is amended also. It is stated that, the certificates shall be issued in accordance with the provisions of the Regulation, and should have a clear, understandable and easy to read format. This is one of the significant changes which should have been made earlier. It is also stated that the warranty certificate may be issued in a permanent data storage or hardcopy form. If explicitly requested by the consumer, a hardcopy shall be given.
In accordance with the two new sub-paragraphs added to the 7th article regarding the information that should be included in the warranty certificates;
It has been stated that information regarding delivery date and delivery place of the goods, the invoice date and number as well as the seller’s address, title and contact information do not need to be included in the warranty document to be given for “distance – contracts”, and that the information on the invoice shall be sufficient. In addition, it is regulated that if the warranty certificate is issued through a permanent data storage, signature and stamp requirement is not required.
The changes took effect as of the date of publication.
The content herein is aimed at providing a general insight regarding the subject. For customized circumstances or further information, please refer to your lawyer.
Download as PDFAmendment To Warranty Certificate Regulation