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Flash development on the sale of second-hand mobile phones and tablets: Mandatory to have data from at least 1 year ago

In order to renew used goods with electronic identity information, it will be mandatory to have data, voice or short message usage traffic from at least one year ago. The decision entered into force with the publication of the Regulation prepared by the Ministry of Commerce in the Official Gazette.

Used mobile phones and tablets, which are subject to second-hand trade without the renewal process, will be required to be sold with an information label that shows the current status of the goods and the transactions, if any, in a way that the consumer can easily see and read.

The Regulation Amending the Regulation on the Sale of Refurbished Products prepared by the Ministry of Commerce was published in the Official Gazette and entered into force.

The regulation covers the details of the sale of refurbished products. Accordingly, it was obligatory to sell second-hand mobile phones and tablets, which are subject to second-hand trade without the renewal process, with an information label showing the current status of the goods and the transactions, if any, in a way that the consumer can easily see and read.

“DATA, VOICE OR SMS USE TRAFFIC” REQUIREMENT FOR AT LEAST ONE YEAR AGO

In the regulation published in the Official Gazette dated 22 August 2020 on the subject, it was obligatory for mobile phones to be used for at least one year and to have data traffic in order to renew them.

With the new regulation, it will be mandatory to have data, voice or short message (SMS) traffic from at least one year ago in order to renew second-hand goods with electronic identity information.

In addition, those who do not have a renewal authorization certificate or who do not have the qualifications of authorized buyers and sellers of companies with this certificate will not be able to advertise and commercial applications in a way that creates the perception of a renewed product.

CHANGE IN THE RESPONSIBILITIES OF THE AUTHORIZED BUYER

With the regulation, the responsibilities of the authorized buyer were also changed. The authorized buyer will check from the Information Technologies and Communications Authority (BTK) records that there is data, voice or short message usage traffic for at least one year ago of used goods with electronic identity information.

The authorized buyer, who will finalize the valuation of the second-hand goods within 3 business days following the delivery or receipt of the goods, will receive the confirmation of the consumer’s acceptance of the valuation in writing or with a permanent data storage during this period.

The authorized buyer will make or ensure that the payment is made to the consumer when the approval is received. The payment period can be extended up to 3 working days, provided that the consumer is notified and approved in advance. This payment amount can be deducted from the price of the new good in case the consumer buys a new good.

RESPONSIBILITIES OF THE RENEWAL CENTER

Some adjustments were also made in the responsibilities of the renovation center. The renewal center will check from BTK records that second-hand goods with electronic identity information have data, voice or short message usage traffic for at least one year ago. It will not be able to renew second-hand goods that do not meet these conditions.

The said center will perform the certification process of the refurbished second-hand goods by using the hologram certificate form numbered by the Turkish Standards Institute and in a way to ensure its security with the data matrix containing the trade name, contact information, renewal authorization certificate and information about the renewal process.

The Center will ensure that this certificate is issued with the refurbished product in writing or with a permanent data logger. In addition, the renewal center will be able to carry out the renewal process determined in the relevant standard, as well as receive service from other centers that have received a renewal authorization certificate, if needed.

The renewal center will be able to establish branches affiliated to it, which meet the other conditions in the regulation, except for the capital requirement. Renewal authorization certificate will also be required for these branches.

The Center will be obliged to notify the Ministry of information and documents to be determined regarding the renewal activities.

Source: Sabah / Translated by Irem Yildiz

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