The French consumer authority, the DGCCRF, has clarified how refurbished products should be presented to consumers, aiming to reduce confusion between refurbished and second-hand items and to strengthen trust in the growing B2C secondary market. The DGCCRF emphasises that refurbished products are not simply used goods relisted for sale. A refurbished product must have undergone tests of all functionalities to ensure it meets legal safety obligations and the reasonable expectations of buyers. If necessary, the product must also have been repaired or had components replaced and all prior user data removed before resale. The legal definition separates “second hand” from “refurbished” on the basis of these procedures and the presence of documented testing.
Information must match the product
Sellers must provide clear, product-specific information to prospective buyers. Generic specifications for the equivalent new model are not sufficient. For multifunctional mobile phones, the DGCCRF specifically highlights battery capacity as an essential characteristic that must be disclosed. Photos and technical descriptions should refer to the actual condition and performance of the refurbished unit on sale.
Certifications and labels need verification
When sellers advertise certification, certification-like claims, or labels, consumers are advised to verify what those claims actually mean. The DGCCRF warns that inappropriate or vague use of the term certified may create a false impression of independent endorsement or superior quality if no adequate reference standard or independent assessment underpins the claim.
Guarantees and legal consequences
Refurbished products benefit from the same legal conformity guarantee as new products, which lasts two years. However, for defects appearing after the first year, the burden of proof that the defect existed at the time of sale shifts to the consumer. By contrast, goods sold as second hand benefit from a one-year period with a facilitated proof of prior existence of the defect. Thus, the legal classification of an item has practical consequences for post-sale remedies.
'Reconditionné en France' is restricted
The phrase “reconditionné en France” may only be used when the entire refurbishment operation was carried out on French territory. This is intended to prevent misleading origin claims and to protect consumer choice based on production location.
Practical advice for buyers
Consumers are advised to prioritise offers that list specific tests performed, the condition grade of the item, battery capacity where applicable, and the exact nature of any replaced parts. They should also check the presence and terms of the legal guarantee of conformity rather than relying solely on commercial warranty statements. When certification or labels are mentioned, buyers should inquire about the certifier and the certification criteria.
Looking ahead for the sector
The DGCCRF’s guidance seeks to professionalise listings and marketing in the refurbished market, reducing ambiguity and raising consumer confidence. Clear, product-specific disclosures and honest origin claims should help marketplaces, retailers, and independent refurbishers differentiate responsible practices from mere resale.
Market
Trade-in
Repair
Refurbishing
