Refurbished, second-hand and returned goods

• Regulation (EU) 2023/988 — GPSR
• Directive (EU) 2019/771 — sale of goods
• Regulation (EU) 2019/1020 — Article 4 where substantially modified
• Directive 2012/19/EU — WEEE

Who has to appoint one

Traders selling used, refurbished or returned goods to EU consumers. GPSR applies to second-hand products offered in the course of a business, with a limited carve-out for antiques and for products expressly stated to require repair before use. Refurbishment that changes safety characteristics — replacing a battery, reflashing firmware, changing a power supply — can make the refurbisher the manufacturer.

Thresholds and exemptions

None for business sellers. Private sales between consumers are outside GPSR, but a person selling at volume is treated as a trader regardless of how the account is labelled.

What must appear on the label

Manufacturer and responsible person details, the product identifier, the condition grading, and any warnings. Where the refurbisher has become the manufacturer, its own details and a new declaration of conformity. Battery replacement must be disclosed, since the cell is the most common failure point in refurbished electronics.

Marketplace fields

Amazon Renewed and equivalent programmes impose their own documentation requirements on top of the law, including proof of testing and warranty terms. GPSR fields apply to second-hand listings exactly as to new ones.

Documentation you must hold

Technical documentation or, where the original manufacturer's file is unavailable, the refurbisher's own assessment of the safety-relevant work performed. Testing records per unit or per batch. Traceability of the source of the goods, which also matters for stolen-goods and customs compliance. Warranty terms, since the legal guarantee of conformity applies to second-hand goods, reducible to one year only by express agreement.

Standards and testing

Electrical safety verification after refurbishment, battery capacity and safety testing where cells are replaced, and functional testing against the original specification. Where firmware is modified, the cybersecurity requirements applicable to the product class must still be met.

Language requirements

Condition information, warnings and warranty terms in the language of each member state of sale.

When it applies

Before the item is offered. The legal guarantee runs from delivery, and for second-hand goods the parties may agree a shorter period of not less than one year, which must be expressly agreed rather than buried in terms.

How long records are kept

Ten years for documentation where the refurbisher is the manufacturer, and traceability records for the same period.

What happens if you do not comply

Withdrawal orders, marketplace removal, and consumer law penalties where the guarantee period or the condition description is misrepresented. Refurbished electronics with replaced cells have caused fires and the resulting recalls fall on the refurbisher, not the original brand.

Who enforces it

Market surveillance authorities, consumer protection authorities, WEEE registers and customs.

Where the boundary lies

The decisive question is whether the work performed makes you the manufacturer. Cleaning and testing does not; replacing the battery, changing the power supply or modifying firmware generally does, and at that point you own the declaration of conformity, the technical file and the ten-year retention.

Questions we are asked

Does GPSR apply to used goods?

Yes, to second-hand products supplied in the course of a business. Antiques and products sold expressly as requiring repair before use are outside it.

Can we give a shorter warranty on refurbished items?

The legal guarantee applies, but for second-hand goods it can be reduced to no less than one year if expressly agreed with the consumer.