Regulation On Sales Of Renewed Products

March 17, 2021

The purpose of the Regulation on the Sale of Renewed Products (“Regulation”) regulates the activities regarding the renewal and resale of mobile phones and tablets included in the annex of the Regulation after they are used.

It is stated in the Regulation that used goods can only be renewed by the renewal centers in accordance with the standards and can be resale as renewed products after they are certified and packaged. In addition, it is obligatory to include the information of the renewal center during the sale.

It is stated that used goods can only be renewed by the authorised consignee from the consumer, by transferring them to the renewal center or can be renewed by taking them directly from the consumer by the renewal center.

In order for mobile phones to be renewed, they must have been used for at least one year and there must be data traffic. It is obligatory to include the phrase “renewed product” in the packaging, label, advertisements and announcements of the renewed product in a way that can be easily perceived by the consumer.

During the renewal process, if all the renewed parts are parts approved by the manufacturer or the importer authorized by the manufacturer, the phrase “renewed product using manufacturer approved parts” will be included. It is oblitory that the renewed product is offered for sale with the renewed product warranty. The renewed product warranty can be given in writing or with permanent data storage. It is obligatory to sell renewed product with a Turkish introduction and user manual. The authorized seller and the renewal center are severally responsible for the renewed product warranty and after-sales services such as maintenance, repair and assembly during the warranty.

Renewal centers, must obtain a renewal authorization certificate (“Certificate”) approved by the Ministry of Commerce. Renewal authorization certificate is given to those who are deemed compliant with the Regulation after the applications made to the Ministry. The certificate is issued separately for each renewal center and this document is not transferable.

In order to receive the document following conditions are required;

a) Having a service place qualification certificate,
b) Being registered with the chamber of commerce,
c) Being a corporate taxpayer,
d) Having a paid capital of not less than ten million Turkish Liras and
e) Providing other matters to be announced by the Ministry of Trade.

In addition, persons authorized to represent trade companies;

1) Being over the age of eighteen,
2) Not being bankrupted or all negative effects of the bankruptcy has been revoked
3) He must not have committed one of the crimes specified in the regulation.

The validity period of the document is five years and it must be renewed before the validity period beforte the expire date. In case of changes in the title, address, other contact information and partnership structure of the renewal center, these changes should be notified to the Ministry of Trade within thirty days. Before the consumer is under the obligation to pay, the authorized seller is informed about the transactions made for the renewed product, the replaced parts and the issues related to the warranty. The renewal center is obliged to provide a renewed product warranty, which includes commitments for replacement, repair, maintenance, refund, price discount and similar issues related to the renewed product, without prejudice to the legal rights of the consumer.

The renewed product warranty must include the information that the consumer’s legal rights arereserved and the conditions to benefit from the warranty, the warranty period, the title of the warranter and contact information and the warranty starts from the date of delivery of the renewed product to the consumer and is at least one year. Within the renewed product warranty period, free repair or renewal with equivalent product rights can be selected and such selection, must be fulfilled within a maximum of twenty business days from the date it is transmitted to the renewal center or authorized seller. This period starts with the delivering the product to an authorized seller or a renewal center. In addition, it is stated in the relevant Regulation that it is obligatory to keep the information and documents related to each transaction for five years.

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