Every day this week we’ll be intervening in your disputes with retailers as part of our Consumer Rights Week in the Money blog. We begin with this…
I bought a refurbished phone in “excellent” condition from Back Market in July 2024. A sound issue was discovered in April and fixed in May. Now it has the same issue again and they’re saying it’s out of warranty. I’ve told them my consumer rights but they’re not budging.
Robyn
Money blog editor Jimmy Rice tackles this one…
Thanks for getting in touch, Robyn.
I ended up having a lot of back and forth with Back Market about your case – and, in fact, their initial statement threw me as it was clearly in contravention of the Consumer Rights Act 2015.
We’ll come back to that, but let’s start with the two key issues your case raises: people’s rights with second-hand goods, and warranties.
The first of these is simple – the Consumer Rights Act 2015 still applies to used goods as long as you’re buying from a retailer and not a private individual.
The same act deals with warranties. It ensures you can’t be fobbed off with an expired manufacturer or retailer warranty – your CRA protections last for up to six years in England and Wales and five years in Scotland.
For this reason, “off-the-shelf” warranties that are often flogged by retailers are a waste of money – you’re usually paying for protection already offered by law.
Let’s delve a little deeper.
The CRA requires products to be fit for purpose, as described, of satisfactory quality and to last a reasonable length of time (up to a maximum of six years, or five in Scotland).
The test with any product is what would a reasonable person expect. I’d argue that in your case, you could reasonably expect a phone in “excellent” condition to last a couple of years.
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How long has passed?
You have a short-term right to reject faulty goods and get a refund within the first 30 days, as long as the products haven’t been…
