Refurbished smartphones: the State attacks shops that do not inform consumers


The DGCCRF has published the results of a survey of refurbished smartphone shops. 62% of the establishments tested do not comply with the regulations.

Apple's entire iPhone 13 lineup

The entire Apple iPhone 13 range // Source: FRANDROID

In recent years, refurbished smartphones have been popular. It must be said that, on paper, these devices offer many advantages for consumers, whether to reduce their carbon footprint, to avoid going through the second-hand market with the risks it entails, or to make sure you have Samsung smartphones or iPhones in good condition.

Nevertheless, behind the beautiful promises of reconditioning platforms sometimes hide shameless lies or, more simply, a particularly disguised reality. This is indicated by the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) in a press release published on Monday.

The administration of the Ministry of the Economy indeed indicates that it has carried out a national survey on refurbished smartphones and tablets between 2020 and 2021. A survey which covered 84 stores and whose result is unequivocal: “They found anomalies, more or less significant, in 62% of the establishments inspected”. These are several shortcomings that have been noted by the DGCCRF, including the use of the term reconditioned, the lack of pre-contractual information on the condition of the products or the use of certificates outside the legal framework.

A lack of user information

On the term “reconditioned”the DGCCRF deplores the fact that the products offered for sale in the shops are very often only second-hand products: “The use of the term “reconditioned” in fact implies that the functions of the device have been tested and that it has been repaired if necessary”. However, this is not always the case according to the DGCCRF. Bercy also indicates that information on the condition of products is often “insufficient” with fuzzy notions, without precision, such as ” very good state “, “premium” Where ” functional “ :

The information given to the consumer is in this case not in conformity with articles L.111-1 and L.221-5 (distance selling) of the consumer code which require professionals to deliver prior to the sale to the consumer the information relating in particular to the essential characteristics of the property.

Furthermore, if several shops issue reconditioning certificates, the DGCCRF considers that these “do not correspond to the requirements of the legal certification framework, which requires the use of an accredited third-party body”.

As a result of this investigation, the DGCCRF issued 27 administrative injunctions and 26 warnings to various shops tested. These measures aim to require stores to comply with legislation, particularly in terms of consumer information so that they can learn more about the quality and technical documentation of the reconditioned products purchased.


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