UFC-Que Choisir announces that it is filing a complaint against Back Market, a large company in the reconditioning of electronic devices, for misleading commercial practices. In question, sprains to the right to consumption.
The association for the defense of consumer rights UFC-Que Choisir filed a complaint before the Paris Court of Justice against Back Market for ” misleading business practices “. She describes Back Market as ” giant in the reconditioning of electrical and electronic devices» recalling that this French company is « present in 13 countries on 3 continents and valued at more than 5 billion dollars“. UFC-Que Choisir recalls that ” its practices have also been singled out by other associations such as the German association VZBV“, but it’s ” the first complaint in Europe by a consumer association against the manager of the refurbished “. She also specifies having exchanged with the company for six months and not having found a solution.
Back Market would lie on the prices displayed according to UFC-Que Choisir
The first accusation launched by UFC-Que Choisir is related to the prices displayed. Back Market would present its products with promotions, “ by showing a crossed out price and a reduced price, as well as the corresponding reduction percentage“. For the association, it is problematic, in the sense that it would not be promotions since Back Market crosses the price of a new product to display the price of the same reconditioned product. Products which, if they are the same models, are not in the same condition.
It is not only here that Back Market would lie about the prices displayed. UFC-Que Choisir points the finger at “ service charge“, which can go up to 5.99 euros and which are systematically invoiced on a refurbished smartphone for example. Fees that are only displayed during payment and this is what poses a problem for the association.
Back Market would make promises which are in fact legal obligations
The guarantee offered by Back Market also poses a problem for the consumer rights organization. The site offers a 12 month contractual guarantee and would present it as “ a considerable advantage offered by the company“. But the association specifies that this warranty is imposed by law, but above all lasts 24 months, including for refurbished products“. This is indeed what can be read on the website of the Ministry of the Economy, Finance and Industrial and Economic Sovereignty (dated July 20, 2021). It is specified that one benefits a legal guarantee of conformity for the purchase of all new, used and reconditioned goods. This warranty is for 2 years“.
According to information posted on the Back Market website, “this contractual guarantee of the seller against breakdown does not preclude the application of the legal guarantee of conformity and/or the guarantee against hidden defects“. In reality, Back Market indeed offers the legal guarantee of conformity which goes up to two years and which isa prioriin accordance with the law. In its press release, UFC-Que Choisir unfortunately does not go into enough detail. We can assume that what the association is accusing is the fact that Back Market displays a contractual guarantee of 12 months on its website (when buying a refurbished device) and not 24 months, unless we comes to read its general conditions of sale (CGV). This would mean that if you buy a device on Back Market, you can tell yourself that the warranty is 12 months and not 24 months, which would be, according to UFC-Que Choisir, a way of misleading consumers.
Cookies deposited, even if you have refused them
Finally, for UFC-Que Choisir, “the Back Market site does not comply with the regulations concerning cookies“. The association announces that its “team of lawyers found that tracking cookies were placed even though the Internet user had refused them“.
The first reactions of Back Market
Marine Libaud, spokesperson for Back Market, reacted to theWorldensuring thatBack Market has appreciated the exchanges with UFC-Que Choisir in recent months and has taken their comments into account. But the current accusations do not correspond to reality“. For her, Back Market “don’t do any secretiveness“.
The association’s press release ends with a sentence from its president, Alain Bazot:
“UFC-Que Choisir wants the “refurbished unicorn” to continue to add sparkle to consumers’ lives, without its communication being merely window dressing.»
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