The obligation to provide the consumer with a warranty certificate and user manual in pursuant to Articles 55 and 56 of the Law on the Protection of the Consumer also applies to e-commerce sales. It is crucial to provide the consumer with both a warranty certificate and a user manual. Although the responsibility for preparing these documents lies with the producer and importer, it is the duty of the seller to furnish them to the consumer and fulfill their obligation of proof. Furthermore, in accordance with the Law on the Protection of the Consumer, sellers who label goods with their own brand or logo, even if they are not the actual manufacturers, are obliged to bear the responsibilities typically assigned to producers.
User Manual
Except for the products listed below, the provision of a user manual to the consumer is a mandatory requirement for the sale of all e-commerce products:
| All types of metal, PVC, polyethylene, and similar plastic pipes and fittings, as well as fasteners such as bolts, clamps, screws, rivets, nuts, nails, pins, and similar connecting elements. |
| Stationery materials such as paper, pencil, eraser, and similar items. |
| Agricultural tools such as shovel, belt, shovel, rake, wheelbarrow, and similar items. |
| Mechanical hand tools such as pliers, screwdriver, hammer, ax, saw, scissors, and similar items. |
| Clothing accessories such as handkerchief, belt, pants hanger, button, zipper, and similar items. |
| Kitchen utensils such as fork, spoon, ladle, knife, plate, glass, and similar items, as well as household items like scissors, vase, and pot. |
| Handicrafts, jewelry, and other similar artistic products. |
| Mechanical measuring tools such as tape measure, caliper, square, and similar items. |
| Spare parts replaced by service stations. |
| Packaged products sold according to the nature of the goods and the manner of presentation to the consumer, with their characteristics and instructions for use indicated on the packaging, such as machine oil, antifreeze, hydraulic oil, matches, fertilizer, thinner, varnish, paint thinners, cosmetics, and other chemical products; paints, cement, lime, and similar products; food and beverage items; cleaning products; coal and similar fuel materials. |
In What Format Should the User Manual Be Provided to the Consumer?
The user manual must include the minimum information and formal elements as specified in the Regulation on User Manual. It can be provided in printed paper format or through means such as short messages, email, and the internet to reach the consumer. If the user manual is provided in a non-printed form, necessary information and instructions for accessing the user manual should be provided on the product or its packaging. Additionally, if the user manual is presented using a permanent data storage device, this information should also be available on the manufacturer’s or importer’s website. In the absence of a manufacturer’s or importer’s website or upon the consumer’s request, the user manual must be provided to the consumer in a printed format free of charge.
What is the Most Important Function of the User Manual?
The primary function of the User Manual is to ensure that the product is not eligible for warranty coverage in case of misuse. Therefore, User Manuals should be drafted by taking into consideration significant usage errors that may fall outside the warranty scope, rather than merely complying with the minimum form requirements specified in the Regulation on User Manual.
Warranty Certificate
The list of products that must be sold with a warranty certificate is included in the Warranty Certificate Regulation. Prior to engaging in e-commerce, it is essential to cross-reference the intended products for sale against this list and determine the corresponding warranty periods. While the Warranty Certificate Regulation mandates a standard warranty period of 2 years, e-commerce sellers have the option to offer extended warranty periods to distinguish themselves.
The process of issuing a Warranty Certificate and the essential information that must be included in its content are explicitly defined in the Warranty Certificate Regulation. Moreover, the maximum repair period for products covered by the warranty is specified in the After-Sales Services Regulation. Typically, the maximum repair period is set at 20 (twenty) business days, although certain products may have longer repair periods.
In What Format Should the Warranty Certificate Be Provided to the Consumer?
The warranty certificate can be provided in various formats, including printed paper, short messages, email, and internet, among other similar means, to ensure easy accessibility for consumers. However, if a consumer specifically requests a printed copy of the warranty certificate, it must be provided. In the event of a malfunction within the warranty period, consumers have the right to request free repair for the product. Furthermore, if the product cannot be repaired within the maximum repair period or if it malfunctions again during the warranty period and cannot be repaired, the consumer has the option to request a refund, a proportional price reduction, or a replacement with an equivalent product, if feasible. The seller is obligated to comply with the consumer’s request and cannot refuse it.
In cases where replacing the product with an equivalent one would cause significant difficulties for the seller, the consumer has the choice to terminate the contract or exercise their right to a proportional price reduction based on the defect. The determination of disproportionality takes into account factors such as the value of the flawless goods, the severity of the defect, and any challenges the consumer might face when resorting to alternative rights.
It is important to note that the product warranty, when covered by the Warranty Certificate Regulation, is not subject to the seller’s discretion. The issuance process of the warranty certificate and the necessary steps to be taken in case of product malfunctions within the warranty coverage are regulated by specific timeframes, similar to other aspects. Failure to comply with these timeframes can result in significant costs. Therefore, it is crucial for e-commerce sellers who sell products within the warranty coverage to prioritize their after-sales service operations. Conducting tests to verify repair and delivery periods stipulated by the regulations, as well as developing their after-sales service department, are essential measures in case the designated timeframes cannot be met.
In conclusion, it is important to note that the requirement for a warranty certificate and user manual extends beyond traditional in-store sales and also applies to e-commerce transactions. Therefore, it is crucial to create specific guidelines and regulations for the warranty certificate and user manual that are tailored to the products sold online. These documents should encompass the warranty’s content and coverage, ensuring that all necessary information is included in the user manual. Furthermore, after-sales services should be structured in accordance with the provisions outlined in the warranty.