According to the DGCCRF, most sellers of refurbished mobile devices do not comply with the control and repair rules. Distrust, therefore, if you want to buy a used smartphone or tablet!
Afford a second-hand smartphone, without paying a high price? Finally able to buy a touch pad? This has been possible for a few years with the wave of so-called refurbished devices. Decline in purchasing power, desire to consume responsibly and enthusiasm for the circular economy explain the surge in this type of purchase. Between 2019 and 2020, sales of refurbished smartphones increased by 25%. 13% of smartphones sold in 2020, or 2.8 million devices, were also labeled as refurbished. Only here it seems that the concept of reconditioning is not the same for everyone. And that some merchants abuse it to simply sell second-hand products, without any real refurbishment. This is the observation drawn up by the General Directorate for Competition, Consumer Affairs and the Repression of Fraud (the famous DGCCRF) which has just alerted consumers to the tablets and smartphones sold refurbished: as it explains in his press release62% of the 84 stores and online sales sites checked in 2020 and 2021 by its inspectors did not comply with the rules.
How many infringements observed in the reconditioning?
During the year 2020 and 2021, the investigators carried out 84 checks on the national territory, whether in shops but also with online merchants. The idea was to verify the fairness of the claims appearing in the commercial offers, in particular those relating to the carrying out of tests. The test is supposed to be able to distinguish a so-called second-hand or second-hand item from a truly reconditioned device, that is to say checked, cleaned, and repaired, with its memory emptied. During these 84 inspections, they found more or less significant anomalies in 62% of these establishments (i.e. 52/84). 27 administrative injunctions and 26 warnings were issued, mainly relating to the lack of pre-contractual information or technical documentation.
What should you be wary of when buying a refurbished smartphone?
Pay attention to the words used by the merchant. The mere mention of “functional” is inherently too vague. It absolutely does not mean that the phone has been tested. Check the essential characteristics of the property. Ask under what conditions the test was performed. If the merchant talks to you about “certification”, be aware that this term is often used to designate internal control processes that do not correspond to the requirements of the legal certification framework, which requires the use of an accredited third-party body. Also find out about the possible degree of loss of quality of use of the device.
What are the warranties on a refurbished smartphone?
Contrary to what some statements suggest, refurbished electronic devices benefit from a mandatory warranty. Thus, the duration of the legal guarantee of conformity is two years, for second-hand products as for new products, with a duration of presumption of the anteriority of the lack of conformity of one year. The DGCCRF investigators thus found that “pre-contractual information on legal guarantees was often inaccurate, absent or sometimes even misleading. […] This is particularly the case concerning the duration of the legal guarantee of conformity, which is two years for second-hand products as well as for new products, with a duration of presumption of the anteriority of the lack of conformity for products used which has been extended to one year”, recalls the DGCCRF. Who adds that “the information provided is often such as to create confusion between the legal guarantee, which is compulsory and free, and the commercial guarantee, which is often chargeable”. Before subscribing to an additional warranty, check that it does not replace those already legal! In short, don’t pay for something that is mandatory.
What does the law say about the use of the term refurbished?
“The use of the term reconditioned must designate devices whose condition and operation have been verified, and which, if necessary, have been the subject of a technical intervention intended to restore them”recalls the DGCCRF in its communicated. Since decree n° 2022-190 of February 17, 2022, the use of the term reconditioned is also more strictly framed. It is stipulated that “the product or the spare part has undergone tests covering all its functionalities in order to establish that it meets the legal safety obligations and the use that the consumer can legitimately expect. If necessary, the product or the spare part has undergone one or more interventions in order to restore its functionality. This intervention includes the deletion of all data recorded or stored in connection with a previous use or a previous user, before the product or part is change of ownership”. Finally, note that the expressions “new condition”, “like new”, “as new” or any equivalent mention cannot be used for a product or a spare part qualified as “reconditioned product” or accompanied by the mention “reconditioned”. If you see these types of messages on a site, beware before you buy. In case of abuse and problem with a trader, report it on the platform Signal Conso of the government.