Finally a definition of refurbishment
The Official Journal has just published a new decree, on February 17, 2022, concerning the reconditioned, more exactly its name. We have been waiting for it for a long time! This decree, in accordance with the provisions of the AGEC law, introduces a definition of the term "reconditioned" in the consumer code in these terms :
"Art. R. 122-4. - A second-hand product or spare part, within the meaning of Article L. 321-1 of the Commercial Code, may be described as a "reconditioned product" or be accompanied by the term "reconditioned", provided that the following conditions are met:
" 1° The product or spare part has undergone tests on all its functionalities in order to establish that it meets the legal safety obligations and the use that the consumer can legitimately expect ;
"2° If applicable, the product or spare part has undergone one or more interventions to restore its functionality. This intervention includes the deletion of all recorded or retained data related to a previous use or user, before the product or part changes ownership."
17% of French people now own a second-hand or refurbished smartphone rather than a new one, according to a study conducted in 2021 by the French regulatory authority for electronic communications and posts (Arcep).
The terms "refurbished" and "reconditioned product" are now legally defined.
"New," "like new," "as new," or any equivalent term may not be used for a product or part described as a "reconditioned product" or accompanied by the term "reconditioned."
You are a used or refurbished professional, let's look together through 4 synthetic questions and answers what it will be for you!
1. Why can't we say "renewed" or "as new" anymore?
The aim is to stop misleading the consumer and to make the market more transparent about the characteristics of reconditioned products. Any reference to a new product is prohibited, including for spare parts.
"The product or part has undergone tests covering all its functionalities in order to establish that it meets the legal safety requirements and the use that the consumer can legitimately expect."
We remind you that a reconditioned product has gone through a test phase. A necessary step to ensure the safety and functionality of the product.
2. What to do with the data on the devices?
Nearly 40% of cell phones sold second-hand are not reset (or not reset properly). The personal data of the former owner is sometimes accessible. This is why the text also obliges sellers to market the equipment only after deleting all the data of the former owner.
"Includes deletion of all recorded or retained data related to a previous use or user, before the product or part changes ownership."
3. What does "refurbished in France" mean?
If your product is fully equipped and reviewed on French soil, then you can add the mention "refurbished in France" (another pledge of quality and confidence to consumers). The mentioned operations also apply to spare parts.
"Reserves the use of the term "reconditioned in France" to reconditioning operations that are performed entirely within the national territory."
4. Will this decree impact my business in Europe?
France had begun to legislate on these terms, and was criticized by the European Commission. A more restrictive version of the text was widely criticized last year, because one of the provisions was contrary to the principle of free movement. But the definition finally published in the Official Journal fits perfectly with that of the law on the environmental footprint of digital technology, in particular its article extending the private copy levy to second-hand and reconditioned products.
The draft laws on eco-design in the European Union and in France being now in harmony, you have nothing to fear!