New Regulation On Refurbished Products: Stronger Consumer Protection And A Restructured Market

The Regulation on Refurbished Products¹ (the “Regulation”) comprehensively overhauls the legal framework governing refurbished products. The Regulation repeals the Regulation on the Sale of Refurbished Products² (the “Former Regulation”) and consolidates the procedures and principles governing the refurbished products market under a single regulatory framework. The Regulation will enter into force on 1 August 2026.

The Regulation updates the procedures and principles governing refurbishment activities, strengthens digital record-keeping and traceability mechanisms, restructures the authorisation and supervision regime applicable to refurbishment centres, and introduces new safeguards for consumers. These changes are intended to enhance consumer confidence in the refurbished products market, make refurbishment processes more transparent and traceable, support the circular economy, and establish a refurbished products system that will “set an example for the world”.³

This article first provides a brief overview of the development of the refurbished products regime to date (“Section I”) and then examines the principal changes introduced by the Regulation (“Section II”). The final section considers the implications of this new approach—particularly in relation to the conduct of refurbishment activities and the warranty regime applicable to refurbished products—for manufacturers, importers and refurbishment centres (“Section III”).

I. DEVELOPMENT OF THE REFURBISHED PRIDUCTS REGIME

The refurbished products regime was introduced into Turkish law through the Former Regulation, which entered into force in 2020 with the aim of enabling used electronic products to be refurbished in accordance with specified technical standards and placed back on the market. The regime was intended both to provide consumers with access to reliable products at more affordable prices and to support the circular economy.⁴

Following the initial regulation, the legal framework governing the refurbished products market was developed gradually. In 2023, the range of products eligible for refurbishment was expanded to include smartwatches, computers, gaming consoles and modems, and significant changes were made to the rules governing refurbishment centres.⁵ In 2024, the supervision mechanisms were strengthened, and new rules were introduced to facilitate more effective monitoring of refurbishment activities and to impose sanctions for regulatory non-compliance.⁶

Unlike the previous amendments, however, the new Regulation revisits the refurbished products regime as a whole. In doing so, it introduces significant changes for both businesses operating in the sector and consumers.

II. KEY CHANGES INTRODUCED BY THE REGULATION

a) Digitalisation of Refurbishment Processes and Enhanced Traceability

One of the most significant changes introduced by the Regulation is the adoption of a new system under which processes relating to refurbished products will be carried out through a digital infrastructure. Accordingly, refurbishment procedures must be conducted through the Refurbished Product Information System (“YÜBİS”) established by the Ministry of Trade, and the electronic certificate issued upon completion of these procedures must be provided to the consumer. Refurbishment centres, on-site refurbishment points and authorised sellers, together with the information and documents specified by the Ministry of Trade, must also be registered with YÜBİS. The aim is to record and ensure the traceability of the entire process relating to refurbished products through a centralised electronic system (Article 4 of the Regulation).

In addition to digitalising the registration system, the Regulation strengthens the verification mechanisms applicable to the refurbishment of used goods bearing electronic identification information. While retaining the requirements under the Former Regulation that the device be registered on the White List⁷ and have a record of network activity spanning at least one year, the Regulation also requires the device to be activated on a mobile network using a line declared through YÜBİS and at least one successful call to be made. Records of these activities will be verified through the systems of the Information and Communication Technologies Authority, and devices that do not satisfy these requirements may not be refurbished (Article 10 of the Regulation).

The Regulation also integrates the existing obligation to provide user manual into the digital registration system. Accordingly, the Turkish-language user manual for a refurbished product must be registered with YÜBİS and, at the consumer’s request, provided in writing or through a durable medium (Article 4 of the Regulation).

b) Restructuring of the Institutional Framework and Authorisation Regime for Refurbishment Activities

The Regulation restructures both the organisation of refurbishment activities and the authorisation regime applicable to refurbishment centres. In this context, it introduces the concept of an “on-site refurbishment point”. Refurbishment centres may exercise their refurbishment authorisation through on-site refurbishment points in accordance with the regulations or standards to be determined by the Ministry of Trade. On-site refurbishment points may also operate as authorised sellers (Article 5(1) of the Regulation).

Although the Regulation adopts a more flexible structure for the organisation of refurbishment activities, it maintains the approach of placing primary responsibility on the refurbishment centre. Accordingly, the refurbishment centre will remain responsible for the activities of on-site refurbishment points and authorised sellers under the Regulation, while the refurbishment centre and the authorised seller will be jointly and severally liable for the rights afforded to consumers in relation to refurbished products (Article 11 of the Regulation).

The Regulation also introduces more stringent requirements for operating as a refurbishment centre. Businesses seeking to operate as refurbishment centres must be incorporated as capital companies, while the minimum paid-in capital requirement has been increased from TRY 30 million to TRY 100 million (Article 6 of the Regulation). A transitional period has been provided for existing holders of refurbishment authorisation certificates. If they satisfy the new capital requirement and the other conditions to be announced by the Ministry of Trade by 31 December 2026, they may continue operating for the remaining validity period of their existing certificates (Provisional Article 1 of the Regulation).

The procedures for the suspension and revocation of refurbishment authorisation certificates have also been revised, and a Commission has been established within the Ministry of Trade to decide on such matters. The Commission will assess whether to issue a warning or suspend or revoke a certificate, taking into account the nature, prevalence, duration, recurrence and impact of the non-compliance (Article 9 of the Regulation).

c) Expansion of Consumer Protection Mechanisms

The Regulation significantly strengthens the protections afforded to consumers purchasing refurbished products. In this context, it expands pre-contractual information requirements and introduces new safeguards concerning consumers’ post-sale rights.

One of the most significant changes is the introduction of a fourteen-day right of withdrawal for refurbished products purchased from physical stores (Article 12 of the Regulation). The provisions of the Distance Contracts Regulation will continue to apply to distance sales. For other types of sale, consumers may withdraw from the contract within fourteen days of receiving the product, without providing any reason or incurring a penalty. This extends protection similar to the right of withdrawal previously available only in distance sales to refurbished products purchased from physical stores.

The warranty regime applicable to refurbished products has also been revised. While the Former Regulation expressly provided that the warranty offered by the manufacturer or importer would remain valid under certain conditions, the new Regulation does not retain this provision. Instead, it requires the refurbishment centre to fulfil the obligations otherwise imposed on manufacturers and importers in relation to warranties. The Regulation expressly provides that Article 56 of Consumer Protection Law No. 6502 and the provisions of the Regulation on Warranty Certificates will apply by analogy to refurbished products. While retaining the existing minimum warranty period of one year, it also sets out detailed requirements concerning the completion of free repairs or replacement with a defect-free refurbished equivalent within no more than twenty business days, the prohibition on charging consumers for transport, shipping or similar costs during the warranty period, and the issuance of delivery and service receipts (Article 13 of the Regulation).

The Regulation largely retains the existing disclosure requirements intended to enable consumers to make informed purchasing decisions, while also introducing certain new obligations. As under the Former Regulation, refurbished products must be offered for sale in a manner that clearly distinguishes them from unused and other second-hand products. Their packaging, labels, advertisements and listings must also display the term “refurbished” and information identifying the refurbishment centre in a manner that is readily noticeable to consumers. In addition, where different prices are charged within the same category of refurbished products, the Regulation requires consumers, for the first time, to be clearly and comprehensibly informed of the physical and technical characteristics underlying the price difference before they incur any payment obligation (Article 4 of the Regulation).

d) Other Significant Changes Concerning Scope and Operational Processes

The Regulation also expands the range of products that may be offered for sale as refurbished products. While the Former Regulation covered mobile phones, tablets, smartwatches, computers, gaming consoles and modems, the new Regulation extends its scope to include televisions (Annex 1). This allows a broader range of products to be refurbished and placed back on the market.

The Regulation also introduces, for the first time, a requirement that at least thirty days must have elapsed since the previous refurbishment of a product before it may be refurbished again (Article 4 of the Regulation). This requirement is intended to prevent the same product from undergoing successive refurbishment processes within a short period and to preserve the reliability of the refurbished products system.

The Regulation further authorises the Ministry of Trade’s Directorate General for Consumer Protection and Market Surveillance to prepare and publish guidelines on the implementation of the Regulation where it considers this necessary (Article 4 of the Regulation).

III. THE CHANGING APPROACH TO LIABILITY UNDER THE REFURBISHED PRODUCTS REGIME

Beyond updating the rules governing refurbished products, the Regulation redefines the principal actors within the system and their respective responsibilities. In particular, it reflects a significant shift in approach to the allocation of responsibility for refurbishment activities, warranties and after-sales services.

At the heart of this shift is a change in the approach to who carries out the refurbishment activity. The Former Regulation specifically addressed scenarios in which a product was refurbished by its original manufacturer or importer, or by an independent refurbishment centre with their consent.⁸ The new Regulation does not regulate these scenarios separately and instead places responsibility entirely on the refurbishment centre.

This approach is also reflected in the warranty regime. The Former Regulation expressly provided that warranties offered by the manufacturer or importer would remain valid where a used product was refurbished by the manufacturer or importer, or by a refurbishment centre with their consent. The new Regulation does not retain this provision. Instead, it provides that the Regulation on Warranty Certificates will apply by analogy to refurbished products and that the refurbishment centre will fulfil the obligations otherwise imposed on manufacturers, importers and authorised service stations in this context. As a result of this change, a manufacturer or importer will be subject to warranty and after-sales service obligations only if it also qualifies and operates as a refurbishment centre.

CONCLUSION

Taken together, these provisions demonstrate that the Regulation seeks to strengthen the digital registration infrastructure of the refurbished products market, make refurbishment processes more transparent and traceable, and facilitate more effective supervision through a centralised system.

The Ministry’s ultimate objective is to transform the purchase of second-hand devices from a potentially risky transaction into an experience offering a level of confidence comparable to purchasing a new product.⁹ The Regulation therefore seeks not only to strengthen consumers’ post-sale rights but also to enable them to make informed purchasing decisions by providing greater transparency about refurbished products.

Although the new liability regime significantly weakens the link between the refurbished product—and the associated consumer rights—and the original manufacturer or importer, the Regulation seeks to address the potential risks arising from this shift by strengthening the capital structure of refurbishment centres and subjecting them to more extensive supervision.

Footnotes

1.  Published in the Official Gazette No. 33293 dated 27 June 2026.

2.  Published in the Official Gazette No. 31221 dated 22 August 2020.

3.  Ministry of Trade announcement dated 30 April 2026, entitled “The Ministry of Trade Introduces New Regulations to Strengthen Consumer Rights and Enhance Confidence in the Refurbished Products Market”.

4.  Refurbished Products and Producers’ Liability; Pelin Baysal, Ilgaz Önder (https://baysaldemir.com/files/Refurbished-Products-and-Producers-Liability-ENG.pdf)

5. The Market for Refurbished Products is Expanding; Pelin Baysal, Ilgaz Önder (https://baysaldemir.com/files/Yenilenebilir_eng.pdf)

6.  New Amendments Enhance Oversight in Refurbished Product Market; Pelin Baysal, Ilgaz Önder (https://baysaldemir.com/files/Refurbished%20Products%20-%202024%20B&D.pdf)

7.  This is the list of IMEI numbers assigned to devices that have been lawfully brought into Türkiye in passengers’ accompanied baggage, imported or manufactured domestically, notified to and registered with the Information and Communication Technologies Authority, and whose electronic identification information has not been altered or copied. The Regulation defines it as “the list specified in the Regulation on the Registration of Devices Bearing Electronic Identification Information, published in the Official Gazette No. 29058 dated 12 July 2014”.

8.  Article 5(6) of the Former Regulation: “Where a used product is refurbished by its manufacturer or importer, or by a refurbishment centre with the consent of its manufacturer or importer, the warranties provided by the manufacturer or importer will remain valid.”

9.  Ministry of Trade announcement dated 30 April 2026, entitled “The Ministry of Trade Introduces New Regulations to Strengthen Consumer Rights and Enhance Confidence in the Refurbished Products Market”.

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