The Ministry of Trade’s (“Ministry“) Regulation on Sale of Refurbished Goods (“Regulation“) was published in the Official Gazette No. 31221 on August 22, 2020. The Regulation introduces new rules on the refurbishment, certification and resale of used cell phones and tablets. The text of the Regulation is available online here (in Turkish).
According to the Regulation, used goods may be refurbished by refurbishment centers holding an authorization certificate issued by the Ministry in accordance with the standards determined by the Ministry or the Turkish Standards Institutions. These goods may be resold as refurbished goods after they are certified and packaged.
For the refurbishment of cell phones, cell phones must have been used for at least one year and must contain data traffic. Refurbished goods may be resold if its packaging contains the wording “refurbished goods” and they are accompanied by a refurbished product guarantee issued by a refurbishment center and introduction and user manual in Turkish. The good’s authorized seller and refurbishment centers will be jointly responsible for the provision of maintenance, repair and assembly services for the duration of the refurbished product’s guarantee. Any information and documentation pertaining to the transactions envisaged under the Regulation will be retained for five years. All relevant individuals and companies must also comply with Law No. 6698 on the Protection of Personal Data for these transactions.
The Regulation introduces detailed obligations to authorized sellers, authorized collectors and refurbishment centers for the refurbishment procedures and resale of used goods.
The Regulation stands out as the first piece of legislation regulating the resale of second hand consumer goods. In this regard, companies wishing to sell second hand cell phones and tablets, or carry out refurbishment activities for these electronics, must carefully review the provisions of the Regulation, apply for an authorization certificate as necessary, follow the Ministry’s announcements in this regard and take the necessary actions to ensure compliance.