E-Commerce Operations and Legal Considerations – Part VI: Second-Hand Sales, Installment Limits, and Non-Delivery / Storage
Second-Hand and Refurbished Sales
General Rules
Selling second-hand items on e-commerce platforms is permitted, but governed by specific rules. Under the Regulation on Electronic Commerce Service Providers, a dedicated, clearly marked category for second-hand items is required.
Display-Model Goods
Whether store display models count as second-hand is a contested question. The practical recommendation: mark them clearly either way.
Refurbished Devices
Refurbished phones and tablets may be sold provided they have been processed at a centre authorised by the Ministry and meet the other applicable requirements.
Payment Methods and Installment Limits
Selecting a Virtual POS
Offering credit card payment is essential. When evaluating virtual POS providers, look at:
- Commission rates
- Payment transfer timelines
- The provider’s data security posture
Card data must be stored securely and must not be transmitted to the seller.
Sector-Specific Installment Caps
The Banking Regulation and Supervision Agency (BDDK) imposes sectoral installment limits. Examples:
- Furniture: maximum 12 installments
- Cosmetics: installments not permitted at all
Products must be classified by sector to apply the right cap.
Undelivered Products and Storage Services
Why Goods Get Stuck
Even with a clean order, the customer may not collect:
- Customer unreachable;
- Order placed during a holiday period;
- Customer based outside Turkey.
Legal Procedure for Refused Goods
Where the buyer wilfully refuses to take delivery, the seller’s path forward includes:
- Court application for a deposit-place order;
- Court approval before initiating a consumer action.
For products with characteristics that make storage impractical — perishables, items requiring costly maintenance — sale by auction is possible.
Temporary Storage
E-commerce businesses dealing in large items may end up running de-facto storage operations. Storage terms should be set out clearly in the distance contract. Without an explicit agreement on storage charges, disputes are routine.
Key operational considerations:
- Communicate proactively with the customer when delivery is delayed.
- Don’t let stranded goods occupy warehouse space allocated to incoming inventory.
- Storage and preservation fees should be agreed with the customer before they are charged.