After Sales Services In Turkey
Legislative Background of After Sales Services In Turkey
According to the Article 58 of Turkish Consumer Law (6502), manufacturers and importers are responsible to provide after sales repair and maintenance services to the consumers as long as the lifetime period of products. Lifetime period of products is determined by Ministry of Trade in Turkey.
The main points about after sales services are explained in the Article 58 of Turkish Consumer Law (6502). These are;
- Manufacturers and importers must get a Certificate of Competency for After Sales Services (SSHYB) for specific products which are determined by Ministry of Trade.
- In order to get this Certificate of Competency for After Sales Services (SSHYB), manufacturers and importers must either establish their own authorised service stations or authorise already existing service stations/organisations provided that they are responsible for services given by these stations.
- The repair period must not exceed the maximum time period. Maximum repair time period for products are determined by the Ministry of Trade.
- All rules and procedures about after sales maintenance and repair services are determined and issued by Ministry of Trade. For this purpose, Ministry of Trade has issued Directive about After Sales Services.
After Sales Services Directive
After Sales Services Directive sets the rules and principles about after sales services given to the consumers by manufacturers and importers. In this regard, the Directive designates the list of products that importers and manufacturers must give after sales services, the lifetime and maximum repair period of these products. Additionally, it determines the rules about establishment and running of services stations in Turkey. It also outlines the quantity and the specifications of service stations that have to be established.
Rules for Establishing Service Stations in Turkey
Manufacturers and importers must either establish their own service stations or authorise already existing service stations/organisations provided that they are responsible for services given by these stations. These service stations must give after sales maintenance and repair services to consumers as long as the lifetime period of products.
Service stations must conform to the technical requirements that are determined by the Ministry of any other institution assigned by the Ministry. In Turkey, generally Turkish Standards Institue (TSE) determines these rules and requirements. Therefore, service stations must apply to TSE in order to get Service Competency Certificate (HYB).
The Annex of Afters Sales Services Directive includes the list of products that manufacturers and importers must give after sales services. This list indicates the lifetime period and maximum repair time for these products. It also outlines the quantity of service stations and their distribution rules in Turkey’s geographical regions.
For example, for mobile phones, expected lifetime is 5 years. Manufacturers and importers must establish minimum 20 service stations in Turkey for mobile phones. In each geographical region (Turkey has 7 geographical regions) there must be at least 1 service station. Maximum period to repair mobile phones is 20 business days. For modems, expected lifetime is 5 years. Manufacturers and importers must establish 1 service station throughout Turkey for modems. Maximum period to repair modems is 20 business days.
Application for Certificate of Competency for After Sales Services in Turkey
Manufacturers and importers must get a Certificate of Competency for After Sales Services (SSHYB) for products which are listed in the Annex of After Sales Services Directive.
After establishing required number of services stations, manufacturers and importers must apply to get Certificate of Competency for After Sales Services (SSHYB) through the website of Ministry of Trade via e-signature. Manufacturers and importers don’t have to get a Certificate of Competency for After Sales Services (SSHYB) for products which they don’t have to establish a service station.
Certificate of Competency for After Sales Services (SSHYB) is valid for 2 years and after the Certificate expires, manufacturers and importers must make a new application.
Manufacturers and importers must notify the Ministry within 15 days in case there are any changes in the name and address of service stations.
Responsibilities of Service Stations in Turkey
In case there does not exist a service station in the location of consumer, the service station which is closest to the consumer is responsible for providing after sales services. If that station also does not have the competency to give service, consumer should not be charged for any costs that occur due to transportation and cargo of product to the authorised service station.
Maintanence and repair period must not exceed the maximum repair time. Repair period for in warranty products begins from the date the consumer notifies the seller or authorised service station about failure of product. Consumer can notify the failure by any means of telephone, fax, e-mail, letter with advice of receipt. Repair period for out of warranty products begins from the date the consumer delivers the defective product to the authorised service station.
The date when the repair is completed is informed to the consumer by any means of telephone, fax, e-mail, letter with advice of receipt.
For a product which is given an assembly, maintenance or repair service during out of warranty period, the consumer should not be charged for any cost in case that product is broken down due to the same failure within 1 year period.
If any part of a product is replaced or sold by service station during out of warranty period, service station must provide at least 6 months warranty for that part.
Documents that must be issued by Service Stations
1. Proof of Receipt
Service stations must issue a receipt document for faulty products which are delivered to them by consumers (except for faulty products that are sent to them via cargo) and give a copy of it to the consumer:
There must be below information on the receipt document;
- Consumer’s name, surname and signature
- Name, surname and signature of service responsible
- Consumer’s complaint and requests about the product
- The description, brand and model name of the product delivered to the service station
- An information note saying that in case the repair of the product is not completed within 10 days after its receipt, the consumer will be a given substitute product with the similar specifications until the product repair is completed.
- The date the faulty product is delivered to the service or the fault is informed to the service station
2. Proof of Delivery
The service stations must issue a service slip for products delivered to the consumers and give a copy of it the consumer. There must be below information on the proof of delivery;
- Name, address, and contact information (telephone, fax, etc.) of service station
- Date of delivery of the product to the consumer
- Information about failure of product and repair activities
- Repair fee (in case the good is out of warranty)
- Signature of authorized person of service station
- Information note showing responsibilites of service stations
- Responsibility informations of service stations
- Name, surname, address and telephone number of consumer (except products which are delivered via cargo)
List of Spare Parts and Their Price List at Service Stations
Importers can’t manufacturers can’t abstain from sales of spare parts to the consumers.
Service stations must mount price list of spare parts on the wall which can easily be seen by consumers or show the price list to the consumers on a catalogue or on an electronic media.
Responsibilities of Manufacturers, Importers and Sellers
Manufacturers and importers are sequentially responsible for after sales services given by service stations even they have independent legal entities.
Manufacturers and importers are liable to control, supervise actions of service stations, and to ensure that service stations carry out their transactions in accordance with regulations, and to remove any misdoings of services.
Eventhough manufacturers and importers have established required number of service stations, if they don’t have at least 1 service station in each geographic region of Turkey (Turkey has 7 geographic regions), they can’t request any charge from consumers including shipping, cargo, mail or transportation of service personnel.
Warranty Card Practices in Turkey
Legislative Background for Warranty Cards in Turkey
According to the Article 56 of the Turkish Consumer Law (6502), producers and importers in Turkey are obliged to prepare warranty card and deliver it to the consumer together with the product in order to protect consumers’ interest.
Article 56 also says that the content and terms of warranty cards are issued by the Ministry of Trade. Depending on this Article, the Ministry has issued the Directive of Warranty Card. This Directive outlines the rules and principles regarding to warranty card. It also gives the list of products for which a warranty card has to be issued.
Warranty Period in Turkey
The warranty period for the products is minimum 2 years beginning from the delivery of the product to the consumer. For some specific goods, the warranty period is also determined with consumption unit of measure.
For example; warranty period for cars in Turkey is minimum 2 years. However, there is also a 60.000 km limit for warranty period. In case the car exceeds this 60.000 km limit, the warranty expires even if the 2 year period is not run out.
In the case that the product is broken down, the period time is added to the warranty period.
In case the product is swapped with a new one under warranty terms, the warranty period for swap product is limited with the remaining warranty period of the product purchased.
Warranty Card Requirements in Turkey
The Warranty Card must include below information
- the name, address, telephone and other contact information of producer or importer and their stamp and signature of the authorised person
- the name, address, telephone and other contact information of seller and their stamp and signature of the authorised person
- invoice number and date,
- type, brand, model and, if there is, serial number of the product,
- warranty period,
- maximum repair time
- a written information saying that the product is under warranty with its all accessories during the whole period of warranty
- Information about the consumer’s rights of choice, which are mentioned in the Article 11 of Turkish Consumer Law (6502).
- Information about the other rights that are given to the consumer
- İnformation about the misuse of the product by consumers,
- information about the right of consumers that they can apply to the consumer courts and to the arbitration committee for consumer problems,
The Rights of Consumers according to Warranty Card Regulations in Turkey
The Rights of Choice
In case the product is found to be defective within the 6 months period of delivery, the consumer can use one of the below rights against the seller;
- retract from the contract and request refund
- request discount in the same ratio of defect
- request the change of the product with a new one free from defects (if it is possible for seller)
- request free repair of the product (if it does not cause too much costs)
The consumers can also use their free repair and free swap rights against producers or importers.
The Right of Free Repair
Within the warranty period, consumers have the right to demand free repair.
The consumer can choose other rights of choice (request refund, request discount in the same ratio of defect or request the change of the product with a new one) if one of below cases happen;
- the product is broken again in the warranty period,
- the maximum repair time is exceeded
- the seller, importer or manufacturer, or the service station determines by a written report that the repair of the product is not possible (This report must be issued within the maximum repair time period.).
Misuses of Product by Consumers
In case the consumer does not use the product in accordance with the rules outlined in the user manual of the product, the warranty rights of consumers are not applied.
In case of consumer misuses, the service stations must issue a report about these misuses within the maximum repair time period and must give a copy of this report to the consumer.
The consumers have the right to apply to the consumer courts or to the arbitration committee for consumer problems in order to make control of the misuse report given by the service stations.
User Manual Requirements in Turkey
Legislative Background for User Manual Requirements in Turkey
According to the Article 55 of Turkish Consumer Law (6502), it is a must to present products to consumers together with a Turkish user manual which describes the product and gives information about the usage, setup, maintenance and simple repair of the product. Whenever necessarry, it is also a must to deliver products together with a label bearing international symbols and signs.
In case the matters about the safe usage of the product exist on the product, the written and verbal statements must be in Turkish language.
It is the responsibility of the producers and importers to prepare Turkish user manuals. The seller is responsible for delivering the user manual to the consumer.
According to Article 55 the Ministry of Trade has issued the Directive of User Manuals which outlines the rules and principles regarding to user manuals. It also determines the list of the products which have to be sold with Turkish user manual.
The Requirements about Preparation of User Manuals
The user manuals must be clear, simple, comprehensible and readable.
It must be given to the consumers on paper or on a durable data storage unit.
In case the user manual is given to the consumer on a data storage unit, this information booklet must also exist on the web site of the producer or importer.
The written, verbal and visual statements that exist on the user interface of the product must be in Turkish language.
For some specific products, producers or importers don’t have to prepare a user manual. Below are some examples:
- Stationery equipment such as paper, pen, eraser
- Agricultural instruments such as shovel, pickaxe, rake, barrow
- Mechanical hand tools such as pliers, screwdriver, hammer, saw
The Information That Must Exist on the User Manuals
Below listed information must exist on the user manuals depending on the nature and presentation method of the product:
- the name, address, telephone and other contact information of producer and importer
- rules for usage, installation, maintenance and simple repair of the product.
- points that must be considered while transportation of the product.
- information about technical features of the product
- Information about maintenance, repair or cleaning of product that consumers can do.
- In case of a need for periodical maintanence, time intervals and authorised service body information for periodic maintanence.
- A scheme that shows how to install and connect the product, and information about who can install and connect the product
- Information about the expected lifetime of product
- Name, address, and contact information of authorised service stations and places where spare parts of the product can be found
- Name, address, telephone and other contact information of manufacturers abroad. (If the product is imported.)
- Consumers’ rights of choice that are given to the consumers according to Article 11 of the Turkish Consumer Law (6502).
- Information about the other rights that are given to the consumer
- information about the misuse of the product by consumers,
- information about the right of consumers that they can apply to the consumer courts and to the arbitration committee for consumer problems,
- for products which consume energy, information about the efficient use of product for energy saving.