The French Decree Bringing New Requirements for Refurbishment

At Techbuyer we have been championing and redefining the refurbished IT industry for a number of years – 17 years globally and for nearly 4 years in France where, from the 1st of January 2022, Refurbishment has its own legal definition.  

The term "refurbished" or "refurbished product" is reserved for second-hand appliances. We have found a general agreement between the major players in the French refurbishment sector to be particularly pleased that it is no longer possible to sell off unsold (new) products stamped with the term "refurbished". 

So, what does the new decree mean for you, and us? 

Do not confuse second-hand with refurbished 

Firstly, it is important not to confuse second-hand and refurbished – both as a consumer and supplier. Prior to the 1st of January there was no legal definition of what refurbished entailed, allowing for a lot of grey areas on the refurbished and second-hand market. 

The Consumer Code did provide the conditions under which a professional may use the terms "refurbished" or "refurbished product" As set by decree in the Council of State. However, this decree has only just been published in the Official Journal (n°2022-190 of 17 February 2022), which now legally regulates the use of the terms "refurbished" and "refurbished product". 

It reserves the use of these terms for second-hand products and specifies the conditions under which they may be used, regarding the carrying out of tests, or even the requirement of one or more technical interventions, to ensure the safety and functionality of the product. Furthermore, to prevent consumers from being misled about the characteristics of a refurbished product, this decree prohibits any reference to a new product. 

A second-hand product or spare part may be described as a "refurbished product" or be accompanied by the term "refurbished", provided that the following conditions are met: 

- The product or spare part has undergone tests on all its functionalities to establish that it meets the legal safety requirements and the use that the consumer can legitimately expect. 

- If applicable, the product or spare part has undergone one or more interventions to restore its functionality. This intervention includes the deletion of all data recorded or stored in connection with a previous use or user before the product or part changes ownership.  

- The terms "as new", " like new", " in new condition" or any equivalent term may not be used for a product or spare part described as a " refurbished product" or accompanied by the term "refurbished". 

Exclusion of new products 

The decree states that "it reserves the use of these terms for second-hand products and specifies the conditions under which they may be used, with regard to the carrying out of tests, or even the requirement of one or more technical interventions, to ensure the safety and functionality of the product". 

The first point to remember is that the term "refurbished" or "refurbished product" is reserved for second-hand appliances. It can therefore no longer be applied to new products that have, for example, a simple cosmetic defect or that have received a shock during delivery but have not been used, or even to appliances returned by consumers during the withdrawal period even though they have not been unpacked. 

Mandatory tests and interventions 

The second point to bear in mind is that the law requires that there has been some intervention on the product, at least testing, for it to be considered as refurbished. In this way, refurbished appliances can be clearly distinguished from second-hand products sold as is. 

The law therefore highlights the critical work carried out by refurbishers while guaranteeing greater transparency for the consumer as to the condition of the product they are buying. While the decree states that in order to be sold as refurbished, an appliance must have passed all the necessary tests to guarantee its safety and proper functioning, it does not detail what types of tests must be carried out, which leaves some latitude to refurbishing professionals. 

Choosing Techbuyer as your refurbished IT partner 

Anything that comes into our warehouse is comprehensively tested inside and out and issued with certificates to prove this. 

Techbuyer has a 25-point testing programme which includes visual inspection and performance review with market-leading software. Our customers provide testing feedback too, reporting similar performance to what they would have gotten from new hardware when run in their organisation.  

This is just one reason to choose refurbished. We have compiled a list of 21 reasons why refurbished IT is the future, click here to find out. 

With over 15 years of experience buying, refurbishing, and selling IT hardware, it is safe to say that our team is a fan of the secondary market. We have a hassle-free, sustainable approach and take pride in our circular business model. 

Techbuyer helps businesses get the most out of their IT budgets by providing new, refurbished, and cost-effective servers, storage, memory, and networking products from over 150 brands including HPE, Dell, IBM, and Cisco. Not only do we sell a wide range of business IT equipment, but we also buy used parts and refurbish them to a high standard. 

Browse our wide variety of refurbished laptops, desktops, servers, storage, and networking equipment today. Or to begin your journey with us, contact our experienced team who will be happy to help.