Understanding Consumer Rights for Refurbished Phones Under the Consumer Rights Act 2015
Robyn purchased a refurbished phone from Back Market in July 2024. In April, a sound fault was diagnosed and repaired in May, but the issue recurred. Back Market initially stated the phone was out of warranty. This case highlights consumer rights under the Consumer Rights Act 2015 (CRA) for used goods bought from retailers, which apply in England, Wales, and Scotland, with protections lasting up to six years in England/Wales and five in Scotland.
Under the CRA, consumers can reject faulty goods for a full refund within 30 days of purchase. If faults appear after 30 days but within six months, these are presumed to have existed at the time of sale, obliging the retailer to repair or replace the item. After six months, the burden shifts to consumers to prove that the fault was present when purchased, potentially requiring expert reports or written assessments.
Available remedies include one free repair attempt, partial refunds, or product replacement if repairs fail. Adjustments may consider fair-use deductions based on the remaining value. The method of payment also influences recourse options; for example, credit card purchases are protected under Section 75, while debit card buyers can seek chargebacks within 120 days.
Back Market initially stated their commercial warranty was 12 months with a presumption of defect at delivery, which differs from the CRA’s six-month statutory presumption but extends consumer protection. Subsequently, Back Market accepted Apple Store diagnostics as an exceptional measure and approved the claim. The phone is now being repaired, with a full refund possible if the repair is unsuccessful.
This feature is part of Consumer Rights Week coordinated by Sky News Money, which aims to assist consumers in resolving disputes and understanding their rights.
