Consumer Rights for Faulty Refurbished Phones: A Case with Back Market
A consumer bought a refurbished phone from Back Market in July 2024, which developed a fault in April 2025. Although the phone was repaired in May 2025, the fault recurred. Back Market initially stated that the issue was out of warranty but later acknowledged the Consumer Rights Act 2015 (CRA) protections.
Under the CRA, which applies to used goods bought from a retailer, products must be of satisfactory quality, fit for purpose, and last a reasonable length of time. For a phone in excellent condition, this is generally expected to be a couple of years. The CRA protections last up to six years in England and Wales, and five years in Scotland. The law provides a right to reject faulty goods and claim a refund within 30 days of purchase, with an additional 14-day cooling-off period for online purchases under the Consumer Contracts Regulations.
Within the first six months after purchase, any faults are presumed to have existed at the time of sale, obliging the retailer to repair or replace the item. If repair is impossible, a refund is due. After six months, consumers must prove the fault existed at the time of sale, commonly through independent expert reports, to claim a remedy.
In this specific case, the consumer is entitled to one free repair. If the repair fails, they may be eligible for a partial refund or replacement, subject to fair-use deductions. Payment methods such as debit cards provide a 120-day chargeback window, and credit card purchasers may qualify for claims under Section 75 of the Consumer Credit Act 1974.
Back Market had initially claimed a twelve-month seller warranty with a delivery-defect presumption, which conflicted with the CRA's six-month presumption and wrongly shifted the burden of proof to the consumer for a longer period. This stance was later corrected after legal clarification.
The case concluded with Back Market accepting external diagnostic evidence from an Apple Store, approving the claim, and proceeding with phone repairs. Should the repair prove unfeasible, a full refund may be provided.
