Why durability matters more for a used device
A new device has all its update years ahead, a fresh battery and two years of seller liability. On a used device, part of that is spent. Whether the price is right comes down to three questions.
- How many years of updates are left? Without security updates a smartphone becomes a risk for your accounts, payment apps and photos, even if it still runs flawlessly.
- How much battery is left? The battery is the part that ages most reliably. Its remaining capacity decides whether the device lasts the day.
- Can it be repaired? Repairability class, replaceable battery and spare parts decide whether a defect means a repair or the end of the device.
For smartphones and tablets placed on the market since 20 June 2025, these values are in EPREL, the EU product database. Each of our smartphone pages shows them and answers the question in the block “Buying used?”, following fixed rules based on the model’s EPREL values, not on offers or prices. The smartphone ranking leads to every device page; the topic page smartphones worth buying used collects the models where all three answers are good.
Updates: how long the device stays safe
For smartphones and slate tablets placed on the market since 20 June 2025, Regulation (EU) 2023/1670 requires the manufacturer to provide security, corrective and functionality updates of the operating system for at least five years after the last unit of the model was placed on the market, with security updates no later than four months after release. Spare parts such as battery, display, camera and charging port must be available for at least seven years. The periods run from the end of the model’s sales by the manufacturer, not from your purchase.
In EPREL the supplier states the minimum number of years of software updates it commits to. Many commit to more than the rule requires; the ranking smartphones with long updates shows the models with seven years or more. As long as the manufacturer still sells the model, the whole committed period lies ahead of you. Once sales have ended, subtract the years since.
Models placed on the market before 20 June 2025 are mostly missing from EPREL, so there is neither a class nor an update commitment there. What remains is the manufacturer’s statement on its website and the model’s release year. As a rule of thumb, fewer than two years of updates left should show in the price, and once updates end the device should no longer carry banking or payment apps.
Battery: what 80 percent means
Battery health, shown on many devices as “maximum capacity”, tells you how much charge the battery still holds compared with new. A lithium battery loses a little with every charge cycle; one cycle is one full charge, even if it is made up of several partial charges. The accepted limit is 80 percent. Regulation (EU) 2023/1670 requires the battery of a new smartphone or tablet to manage at least 800 cycles before dropping below 80 percent. Below that, run time per charge becomes noticeably shorter.
Three values are worth checking before you buy.
- Battery health in percent. Ask to see the value, for a shipped device as a screenshot from the settings. 90 percent and above is good; below 80 percent a replacement is due.
- Charge cycles. Many devices show the count in the settings. The more cycles the supplier declares in EPREL as battery endurance, the longer the battery lasts in daily use (smartphones with a long-life battery).
- Replaceable battery. A battery you can swap yourself is the safety net of buying used: if it is weak, a new one costs little effort (smartphones with a replaceable battery). With built-in batteries, what matters is that a repair shop can get the part; the seven-year spare parts rule takes care of that.
Refurbished devices are often sold with a new or tested battery. Ask what was replaced and have it written on the invoice.
Condition grades: A, B and C describe the looks
Condition grades are not a standard; every seller defines its own. A scheme with three or four levels is common.
| Grade | Usually means | Function |
|---|---|---|
| A, often “like new” | no or barely visible marks | fully working |
| B, often “very good” | light signs of use, fine scratches on frame or back | fully working |
| C, often “good” | visible scratches, small dents, display without cracks | fully working |
Display, cameras, buttons, speakers, ports, sensors and mobile network must work fully in every grade; otherwise the device is defective, not “grade C”. Read the seller’s definition before comparing offers: “B” at one seller can be “C” at another.
Legally, the description counts. Under Directive (EU) 2019/771, a seller may deviate from the objective requirements only if you were specifically informed and expressly and separately accepted the deviation; a scratch that was described is not a lack of conformity, an undescribed one can be. “Refurbished” has no fixed legal meaning in most countries. France is an exception: since 2022 only a product tested in all its functions, repaired where needed and wiped of all previous user data may be called “reconditionné” (Article R122-4 Code de la consommation).
Your rights: seller liability and withdrawal
The following rules apply when a consumer buys from a trader. Buying from a private person, none of them applies.
| Right | In the EU | Source |
|---|---|---|
| Seller liability | The seller is liable for any lack of conformity that exists at delivery and becomes apparent within two years. For second-hand goods, member states may let seller and consumer agree a shorter period, but not less than one year. | Article 10(1) and (6) Directive (EU) 2019/771 |
| Burden of proof | A defect that appears within one year is presumed to have existed at delivery; member states may extend this to two years. | Article 11(1) and (2) Directive (EU) 2019/771 |
| Withdrawal | 14 days to withdraw from a distance contract, without giving a reason. | Article 9(1) Directive 2011/83/EU |
National rules differ. In Germany the two years may be shortened to one year for used goods, but only if the trader specifically informs you before you order and the shortening is expressly and separately agreed in the contract (Section 476(2) BGB); the presumption lasts one year (Section 477(1) BGB). In France the legal guarantee of conformity stays at two years for used goods as well; only the presumption drops from 24 to twelve months (Articles L217-3 and L217-7 Code de la consommation). For smartphones and tablets, manufacturers in the EU must also offer repairs against payment since 31 July 2026, even after seller liability has ended (Directive (EU) 2024/1799; see right to repair).
Checklist before you buy
- Check the IMEI. Ask for the IMEI (on the device, dial *#06#) and run it through a blacklist check. A device reported stolen can be blocked on mobile networks.
- Activation lock removed. The device must be removed from the previous owner’s account. If setup asks for someone else’s account, the device is useless to you.
- Battery health shown. Percentage and, where possible, cycle count; for refurbished devices, whether the battery is new.
- Update years checked. Device page or EPREL lookup for models from mid-2025 on, otherwise the manufacturer’s commitment.
- Accessories and network. Which charger and cable are included? Is the device unlocked for all networks?
- Returns clarified. From a trader you have 14 days to withdraw; some grant a longer return period on top. Who pays the return shipping is in the withdrawal information.
- Keep the invoice. With seller name, date, model and IMEI. It is your proof for seller liability and any guarantee.
Frequently asked questions
Is a refurbished device from a trader better than a used one from a private person?
Legally yes: from a trader you have seller liability of at least one year, the presumption that an early defect existed at delivery, and 14 days to withdraw; from a private person none of that. Technically, the seller does not decide, the model’s battery, updates and repairability do.
How do I find out how long a model will still get updates?
For models placed on the market since 20 June 2025, the manufacturer’s commitment is in EPREL and on our device page. For older models, only the update policy on the manufacturer’s website helps, counted from the release year.
Is 85 percent battery health enough?
As a starting point, yes. The value keeps falling with every cycle; with a built-in battery plan a replacement at a repair shop, with a replaceable battery you do it yourself.
What does grade B mean?
Usually light signs of use with full function. Grades are not standardised, so read the seller’s definition and ask for photos of the device if in doubt.
Can a trader shorten the liability period for used goods?
Only where national law allows it, and never below one year (Article 10(6) of Directive (EU) 2019/771). Germany allows one year with an express, separate agreement; France keeps two years.
Does the 14-day withdrawal apply to used goods?
Yes. The right of withdrawal in Directive 2011/83/EU does not distinguish between new and used goods; it depends on buying from a trader at a distance.
Sources
Laws and regulations in their current version, linked to the source.
- Regulation (EU) 2023/1670 (ecodesign requirements for smartphones and slate tablets)EUR-Lex · EU regulation · 16 Jun 2023
- Delegated Regulation (EU) 2023/1669 (energy labelling of smartphones and slate tablets)EUR-Lex · EU regulation · 16 Jun 2023
- EPREL, European Product Registry for Energy LabellingEuropäische Kommission · Database · 13 Oct 2026
- Section 438 BGB (limitation of claims for defects)Bundesministerium der Justiz · Law · 13 Oct 2026
- Section 476 BGB (derogating agreements, used goods)Bundesministerium der Justiz · Law · 13 Oct 2026
- Section 477 BGB (reversal of the burden of proof)Bundesministerium der Justiz · Law · 31 Oct 2026
- Section 474 BGB (consumer sales contracts)Bundesministerium der Justiz · Law · 31 Oct 2026
- Sections 312 to 312m BGB (consumer and distance contracts)Bundesministerium der Justiz · Law · 27 Sept 2026
- Sections 355 and 356 BGB (right of withdrawal in consumer contracts, withdrawal period)Bundesministerium der Justiz · Law · 31 Oct 2026
- Directive (EU) 2019/771 (sale of goods)EUR-Lex · EU directive · 20 May 2019
- Directive 2011/83/EU on consumer rightsEUR-Lex · EU directive · 26 Mar 2024
- Directive (EU) 2024/1799 (promoting the repair of goods)EUR-Lex · EU directive · 13 Jun 2024
- Articles L217-3 to L217-7 French Consumer Code (legal guarantee of conformity, second-hand goods)Légifrance · French law · 1 Oct 2021
- Article L221-18 French Consumer Code (14-day withdrawal period for distance contracts)Légifrance · French law · 1 Jul 2016
- Articles R122-4 to R122-6 French Consumer Code (use of the term “reconditionné”)Légifrance · French law · 17 Feb 2022
