If a refurbished phone you bought from a business develops a fault, the Consumer Rights Act 2015 protects you in the same way as for a new phone, judged against the phone's age, grade and price. Within 30 days you can usually reject it for a full refund. After that, the seller gets one chance to repair or replace it, and if that fails you can ask for a price reduction or a refund. A retailer warranty sits on top of these rights and cannot take them away. This guide explains each stage, what does and does not count as a fault, how batteries fit in, and exactly how to make a claim.
This guide covers phones bought from a business. If you bought from a private individual, your rights are much narrower; see our guide to buying a second-hand phone privately vs refurbished.
Your rights at a glance: the timeline
Your remedy depends on when the fault appears. In the first 30 days you can reject the phone for a full refund. From 30 days to six months the seller gets one repair or replacement attempt, and the law presumes the fault was there from the start. After six months you still have rights, but you may need to show the fault was present at delivery.
| When the fault appears | Your main remedy | Who has to prove the fault |
|---|---|---|
| Within 30 days | Short-term right to reject: full refund (or you can choose repair or replacement) | Presumed present at delivery |
| 30 days to 6 months | One repair or replacement; if that fails, price reduction or final right to reject (no deduction for use) | Presumed present at delivery unless the seller proves otherwise |
| 6 months to 6 years (5 in Scotland) | One repair or replacement; if that fails, price reduction or final right to reject (a deduction for use may apply) | You need to show the fault was there at delivery |
Do consumer rights apply to refurbished phones?
Yes. When you buy a refurbished phone from a business, the Consumer Rights Act 2015 says it must be of satisfactory quality, fit for purpose and as described. Satisfactory quality means the standard a reasonable person would consider satisfactory, taking account of the description and the price. A refurbished phone does not have to be perfect, but it must work properly for its age and grade.
The Act lists durability and freedom from minor defects among the aspects of satisfactory quality. It also says you cannot complain about a defect that was specifically drawn to your attention before you bought. For refurbished phones, that matters for cosmetic grades. If you chose a Very Good grade phone, which The Tech Gadgets describes as having visible marks on the body with the screen in good shape, those described marks are not a fault. A camera that will not focus or a speaker that crackles is a different matter.
Within 30 days: the short-term right to reject
If a refurbished phone is faulty, not as described or not fit for purpose, you have 30 days to reject it and get a full refund. The Consumer Rights Act 2015 says the 30 days run from the day after you take ownership and delivery. If you ask for a repair or replacement instead, the 30-day clock pauses while the seller deals with it.
To use this right, tell the seller clearly that you are rejecting the phone, ideally in writing. The seller should arrange the return, and the Act says refunds under the right to reject must be made without undue delay and within 14 days of the seller agreeing you are entitled to one.
Many retailers ask you to report a phone that arrives faulty, damaged or wrong within a short window. The Tech Gadgets asks for these to be reported within 3 days of delivery. Report problems as soon as you spot them, but a retailer's reporting window does not remove your statutory 30-day right; the Consumer Rights Act 2015 does not allow a trader to exclude those rights.
After 30 days: repair or replacement
After the first 30 days, the seller gets one chance to put things right. You can ask for a repair or a replacement, and the Consumer Rights Act 2015 says the seller must do it within a reasonable time, without significant inconvenience to you, and bear any necessary costs, including postage. The seller can refuse your chosen option only if it is impossible or disproportionate compared with the other.
For a refurbished phone, a replacement will normally be another unit of the same model and grade, because the exact phone you bought is a one-off.
The six-month rule: who has to prove the fault?
If a fault appears within six months of delivery, the Consumer Rights Act 2015 presumes the phone was faulty when you received it. It is up to the seller to prove otherwise, for example by showing the fault was caused by a drop or liquid damage. After six months, the burden shifts and you may need to show the fault was there at delivery.
Which? puts it plainly: after six months, the burden of proof is on you to prove the product is faulty. Keep your receipt, photos of the phone on arrival and any messages with the seller.
When repair fails: price reduction or final right to reject
If a repair or replacement does not fix the problem, or is impossible, you can choose between a price reduction and the final right to reject. A price reduction lets you keep the phone with some money back. The final right to reject gets you a refund. The Act says no deduction for use can be made if you reject in the first six months, except for motor vehicles.
After six months, the seller may be able to reduce the refund to reflect the use you have had from the phone. The Consumer Rights Act 2015 does not set a formula, so the amount is a matter for negotiation and, if needed, a court.
How long do you have to make a claim?
You can make a claim for a faulty phone for up to six years in England, Wales and Northern Ireland, and five years in Scotland. That is the time limit for taking a claim to court, not a promise that a phone will last six years.
How a retailer warranty fits with your legal rights
A retailer warranty is an extra promise on top of your legal rights, not a replacement for them. Citizens Advice says warranties and guarantees add to your legal rights. The Consumer Rights Act 2015 also says a trader cannot exclude liability for satisfactory quality, fitness for purpose or description, so no warranty wording can take your statutory rights away.
The two run side by side. In the first six months, statutory rights are often the simpler route because the law presumes the fault was there at delivery. Later on, a warranty can be useful because it is usually a straightforward promise to repair, with no need to argue about when the fault started. The Act also says a guarantee is binding on the guarantor as a contractual obligation, so a retailer must honour the terms it offers.
Worked example: The Tech Gadgets warranty and returns
Here is how this works for a refurbished phone bought from The Tech Gadgets. These are the store's own terms, which apply in addition to your Consumer Rights Act 2015 rights:
- Warranty length: 12 months on refurbished and pre-owned phones. Brand-new items carry the manufacturer's warranty instead.
- What it covers: manufacturing defects and functional malfunctions.
- What it excludes: physical or water damage, electrical damage, and battery defects or reduced battery capacity.
- How it is fixed: repair first; replacement if repair is not possible. The faulty phone must be returned first.
- Returns: 30 days from delivery. Items that arrive faulty, wrong or damaged should be reported within 3 days. Online orders also carry the 14-day legal right to cancel; for change-of-mind returns the customer pays return postage and deductions may apply if seals are broken.
Full details are in the warranty policy and refund policy. If you are weighing up paid repairs or insurance-style care plans for after a warranty ends, our guide to the cost of owning a refurbished flagship covers those options.
Shop refurbished phones with a 12-month warranty →
What does not count as a fault?
Your legal rights do not cover damage you cause or normal wear. Citizens Advice says rights for faulty goods do not apply if the problem is the result of wear and tear, an accident or misuse, or if you knew about the fault before you bought the item.
Common examples that are usually not covered:
- Cracked screens or bent frames from drops.
- Liquid damage, including phones advertised as water-resistant.
- Cosmetic marks that match the grade you bought.
Common examples that usually are covered if they appear without damage or misuse: a dead pixel line, a camera that will not focus, a microphone or speaker fault, failed charging despite a clean port, Face ID or fingerprint failure, or a phone that will not connect to mobile networks.
Are batteries covered?
There is no specific rule in the Consumer Rights Act 2015 for batteries. A battery is part of the phone, so the general tests of satisfactory quality, including durability, and "as described" apply. All lithium-ion batteries lose capacity with use, so gradual decline is normal wear. A battery that fails quickly or does not match what you were told may be a fault.
Two things decide most battery disputes:
- What the seller told you. The Tech Gadgets states at least 85% battery health on Like New, Excellent and Very Good grades, measured at dispatch. If a phone arrives below the stated figure, that is a "not as described" issue under the Consumer Rights Act 2015, and you should report it straight away with a screenshot of the battery health screen.
- How old the phone and battery are. A battery that drops sharply within weeks is more likely to be a fault than one that has declined gradually over a year of daily charging.
The Tech Gadgets warranty excludes battery defects and reduced capacity, but that exclusion applies only to the store's own warranty. It does not remove your statutory rights if the battery was not of satisfactory quality or not as described when you received the phone.
How to make a claim: step by step
To claim for a faulty refurbished phone, back up your data, gather evidence, and contact the seller in writing explaining the fault, when it started and which remedy you want. Give the seller a reasonable deadline to respond. If that fails, escalate through your card provider, an alternative dispute resolution scheme or the small claims court.
- Stop and record. Note when the fault started and what happens. Take photos or a short video, and screenshot any error messages or the battery health screen.
- Back up and reset. Back up your data and try a restart or software update. If the fault persists, it is unlikely to be a simple software glitch.
- Find your paperwork. Order confirmation, delivery date, grade, and any messages with the seller.
- Work out your remedy. Under 30 days: reject for a refund. Over 30 days: request a repair or replacement. If a repair has already failed: price reduction or final rejection.
- Contact the seller in writing. Citizens Advice recommends emailing or writing to the seller and keeping copies. Use the template below.
- Return the phone as instructed. Remove your Apple Account or Google Account, and any SIM or eSIM, only once the seller confirms the return, so the phone can be tested.
- Escalate if needed. See the options in the next section.
Template complaint email
Subject: Faulty phone – order [order number] – Consumer Rights Act 2015
Dear [retailer name],
On [date] I received a refurbished [model, storage, grade] under order [order number]. Since [date], the phone has [describe the fault clearly, for example "restarted on its own several times a day and will not charge above 40%"]. The phone has not been dropped, exposed to liquid or repaired by anyone else.
Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose and as described. [Choose one: "As this is within 30 days of delivery, I am exercising my short-term right to reject the phone and request a full refund." / "I request a repair or replacement at no cost to me." / "As the previous repair has not fixed the fault, I am exercising my final right to reject and request a refund."]
I have attached photos/video of the fault and my order confirmation. Please reply within 14 days with instructions for returning the phone.
Yours faithfully,
[Name]
[Contact details]
What if the seller says no?
If the seller refuses or ignores your claim, you have several routes before court. You can ask your card provider for help, ask the seller to use an alternative dispute resolution (ADR) scheme, or contact the Citizens Advice consumer helpline. The small claims court is the final option, and it is designed for people without a solicitor.
- Card provider: for a credit card purchase of a single item over £100 and up to £30,000, Citizens Advice says you may be able to claim under Section 75. For debit cards, ask your bank about a chargeback. If your card provider does not resolve it within 8 weeks, Citizens Advice says you can go to the Financial Ombudsman Service.
- Alternative dispute resolution: an independent body helps settle the dispute without court. For most retailers ADR is voluntary, so ask the seller whether they will use a scheme. Citizens Advice suggests trying ADR before going to court.
- Citizens Advice consumer helpline: 0808 223 1133, Monday to Friday, 9am to 5pm. Advisers can explain the law for your situation and pass complaints to Trading Standards.
- Small claims, England and Wales: claims up to £10,000 normally go to the small claims track, and you can claim online. GOV.UK lists a court fee of £35 for claims up to £300, £70 for £500.01 to £1,000, and £115 for £1,500.01 to £3,000. The court may also refer you to mediation.
- Scotland: the simple procedure covers claims of £5,000 or less.
- Northern Ireland: the small claims court covers most claims up to £5,000.
Read The Tech Gadgets warranty policy →
Frequently asked questions
Does a refurbished phone have the same consumer rights as a new one?
Yes, when you buy from a business. The Consumer Rights Act 2015 applies to refurbished phones, so the phone must be of satisfactory quality, fit for purpose and as described. Satisfactory quality is judged against the phone's description and price, so a refurbished phone is not held to brand-new cosmetic standards.
Can I get a refund on a faulty refurbished phone?
Within 30 days of delivery, you can usually reject a faulty refurbished phone for a full refund. After that, the seller gets one repair or replacement attempt; if it fails, you can ask for a refund or a price reduction.
How long is a refurbished phone warranty in the UK?
There is no legal minimum warranty length; each retailer sets its own. The Tech Gadgets gives 12 months on refurbished phones. Separately, your Consumer Rights Act 2015 rights let you claim for faults present at delivery for up to six years in England, Wales and Northern Ireland, and five in Scotland.
Can a retailer refuse a claim because my warranty has ended?
Not on that basis alone. Your statutory rights continue after a warranty ends. After six months, though, you may need to show the fault was there when you received the phone, and the longer you have had the phone, the harder that usually is.
Is a worn-out battery covered under consumer law?
Normal battery wear is not usually a fault, because all lithium-ion batteries lose capacity with use. A battery that was below the condition you were told about, or that fails unusually quickly, may be a fault under the Consumer Rights Act 2015. Report it promptly with a screenshot of the battery health.
Does accidental damage count as a fault?
No. Citizens Advice says your rights for faulty goods do not apply if the problem was caused by wear and tear, an accident or misuse. Drops, cracked screens and liquid damage are usually your responsibility unless you have separate insurance or a care plan.
Who pays postage to return a faulty phone?
For a repair or replacement under the Consumer Rights Act 2015, the seller must bear the necessary costs, which includes return postage. Change-of-mind returns are different: at The Tech Gadgets, the customer pays return postage for those.
