EU Consumer Law & Refurbished Phones — Your Full Rights Explained
One of the strongest arguments for buying a refurbished phone from a certified EU seller — rather than from a private individual on Facebook Marketplace or a seller on AliExpress — is EU consumer law. Most buyers don't fully understand what rights they have. This guide explains everything clearly.
The 2-Year Statutory Warranty — What It Means
Under EU Directive 2019/771, any goods sold by a trader (business) to a consumer in the EU must conform to the contract for at least 2 years. For refurbished phones, this means:
- If the phone develops a fault within 2 years that was present at the time of sale, the seller must repair, replace, or refund it
- This applies even if the seller only advertises a 12-month warranty — the EU law cannot be contracted away
- In the first 12 months, the fault is presumed to have existed at sale — you don't need to prove it
Important: This 2-year protection applies to all certified sellers on platforms like Back Market, refurbed, and remobile.eu. It does NOT apply to private sellers on Facebook Marketplace or similar platforms.
The 14-Day Right of Withdrawal
When buying online from any EU business, you have the right to return the product within 14 days of receiving it — for any reason. You don't need to explain yourself. The seller must refund you within 14 days of receiving the return.
Most certified refurb sellers extend this to 30 days as a commercial policy. Back Market and refurbed both offer 30-day no-questions-asked returns.
What "Conformity" Means for Refurbished Phones
A refurbished phone must:
- Match its description (grade, battery health, storage, colour stated in the listing)
- Be fit for the purpose of a phone (calls, data, camera must work)
- Have the qualities and features listed by the seller
- Be free from defects that weren't disclosed in the listing
If the phone arrives and the battery health is 72% but the listing said 90%+, that is a lack of conformity and you are entitled to a remedy.
Private Sellers — You Have NO Protection
EU consumer law only protects purchases from businesses. A private individual selling their old iPhone on Facebook Marketplace has no legal obligation to offer a warranty, accept returns, or honour any description. If the phone is faulty, you have no recourse.
Always check: Is the seller a registered business? On certified platforms like Back Market and refurbed, all sellers are verified businesses. On general marketplaces, check carefully.
Country-Specific Strengths
| Country | Warranty Period | Notes |
|---|---|---|
| Germany | 2 years | Strict enforcement, very buyer-friendly courts |
| France | 2 years | Additional "legal guarantee of conformity" layer |
| Netherlands | 2 years | ACM consumer authority actively enforces rights |
| Spain | 2 years | Strong consumer protection via AECOSAN |
| UK | 6 years (!) | Consumer Rights Act 2015 — longer than EU |
| Poland | 2 years | UOKiK enforcement authority |
How to Make a Claim
- Contact the seller first — describe the fault in writing (email) and keep a record
- Request repair or replacement — your first remedy under EU law
- If refused, escalate to the platform — Back Market and refurbed have dispute teams
- Use your national consumer authority if the platform doesn't resolve it — in Germany that's the Verbraucherzentrale, in France the DGCCRF
Key Takeaway
Buying from a certified EU seller on a reputable platform gives you 2 years of statutory protection, 14-day no-questions-asked returns, and the ability to escalate disputes. This is worth more than any saving you might find from an uncertified private seller. Always buy from a verified business.
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