OBLIGATION TO PROVIDE INTRODUCTION AND USER GUIDE UNDER NEW CONSUMER PROTECTION LAW (JUNE 2014)

Regulation on Introduction and User Guide ("Regulation") foresees provisions related with goods which are obliged to sell with existence of Introduction and User Guide. Furthermore, the procedures and principles regarding the Introduction and User Guide are also determined in details. It has been regulated based on the Article 55 and 84 of New Consumer Protection Law numbered 6502 ("New CPL). The Regulation has been published in the Official Gazette on 13.06.2014 and has entered into force respectively on same date. 

Pursuant to Article 5 of the Regulation, all goods should be sold with Turkish  Introduction and User Guide without considering whether it is produced in Turkey or foreign country. Introduction and User Guide should be simple, explicit and understandable by the consumer. The new Regulation states that it can be provided in written or can be provided to consumers by permanent data storage. However, if Introduction and User Guide is provided to the consumer by permanent data storage, the same should also be provided in website of the producer or importer. In case producer or importer does not have any web site, they should provide the Introduction and User Guide in written form without any request for payment. While producer and importer are obliged to prove that they have prepared Introduction and User Guide, the seller should prove that it has been given or delivered to the consumers.

Goods which can be sold without Introduction and User Guide are determined under Article 6 of the Regulation. When we compare the new and annulled Regulations, we can see that new goods such as mechanical tools such as pliers, screwdriver, hammer, tape measure, square and  spare parts changed in service stations are included in this Article.  

Article 7 of the Regulation states compulsory information which Introduction and User Guide should include. The scope of this provision has been extended in favor of consumers under the new Regulation. For instance, Introduction and User Guide of imported goods should include trade name, address, phone number and other contact details of producer company resided in abroad. Furthermore, Introduction and User Guide should also include information regarding the place where consumers should apply for their complaints and objections and the alternative rights of consumers should also be mentioned.

Under Article 5/5 of the Regulation, the written, audible and visual statements in the user interface of goods shall be in Turkish. However, pursuant to Article 10, this obligation will come into force on 01.01.2015. 

The Regulation does not foresee any kinds of provisions regarding penalty compared with annulled Regulation; as it has been regulated under Article 77 of New CPL.

To sum up, the Regulation broadens the goods which are obliged to sell with the Turkish Introduction and User Guide and it should include information concerning the rights of consumer in order to prevent unjust treatment.