Your rights when buying a refurbished phone in Mexico

When you buy a refurbished phone in Mexico, the Ley Federal de Protección al Consumidor (LFPC, the federal consumer protection law) protects you. Any warranty offered must last at least 90 days from delivery. On a distance purchase you have five business days to cancel without giving a reason. If the device fails within the warranty, you choose between a replacement and your money back. The warranty is always the shop's, and before you pay you can look up that shop's record of concluded complaints at PROFECO (Procuraduría Federal del Consumidor, the consumer protection agency).

Mandatory notice that it is used (article 39)

Article 39 of the LFPC says that when products are sold "with some defect, used or rebuilt", the seller "must warn the consumer of those circumstances precisely and clearly" and record them "on the goods themselves, their packaging, delivery notes or invoices". A listing that sells a refurbished device without saying so, or an invoice that presents it as new, breaches that article. The standard NOM-024-SCFI-2013 also requires the labelling of refurbished goods to carry the seller's name, address and phone number.

A 90-day minimum warranty (article 77)

Article 77 sets the floor. It says "the warranty may not be less than ninety days counted from delivery of the good". No shop or platform can offer less, whatever its page says. Mercado Libre (the marketplace) requires its refurbished sellers to give 90 days or more, exactly the legal minimum. Several specialist shops offer more. Which kind of shop each one is can be found in what refurbished means.

Five business days to change your mind (article 56)

For distance sales, online or by phone, article 56 says the contract "is perfected five business days after delivery of the good or the signing of the contract, whichever happens last". During that window you can "revoke your consent without any liability" and the provider must refund the price you paid. The cost of return shipping and insurance can be charged to the consumer. This right is independent of each platform's policy and adds to it, for example to Mercado Libre's Compra Protegida (its buyer protection).

The practical consequence is simple. Work through the list in what to check when it arrives within those five business days, with the box, packaging and photos at hand.

Replacement, refund or discount if it fails (articles 92 and 92 TER)

Article 92 lets you choose between replacement of the product and your money back, among other cases, when the product does not match the quality, brand or specifications advertised or an applicable NOM (Norma Oficial Mexicana, an official standard), and when "the repaired product is not fit for the uses it was intended for, within the warranty period". That last case is exactly a refurbished device that fails again after a warranty repair. The refund must be made through the same payment method you used, unless you accept another. On top of the replacement or refund, article 92 gives you "in any case" a right to a credit ("bonificación"), and article 92 TER sets it at no less than 20% of the price paid. Since the 2018 reform, if the repaired device fails again within the warranty and you choose a replacement, the replacement must be new.

What shops offer today

Mercado Libre, refurbished condition. A minimum 90-day warranty, honoured by the seller, and battery above 80% capacity. Compra Protegida covers a product that does not arrive, arrives damaged, different or incomplete, and change of mind.
Garex, Mercado Libre's extended warranty. It extends protection up to 3 years after the factory warranty. It covers damage from voltage variation while the factory warranty runs and mechanical or electrical malfunctions afterwards. It excludes accidental damage and normal wear. If the device cannot be repaired, Mercado Libre may replace it with an equal, similar or better one, "whether new or refurbished". The price is set at checkout and does not appear on the help page.
Specialist shops. Reuse advertises a 30-day trial and a 13-month warranty, Clevercel 12 months plus a 30-day trial, iRenew (MacStore) 90 days, Spinmobile 180 days, GH Celulares up to 6 months, Sanborns 180 days on "Grado A".
Amazon Renewed. The global version speaks of 90 days. The terms for Mexico could not be read when this guide was prepared.

Before paying, the Buró Comercial

PROFECO's Buró Comercial (its public register of complaints) lets you search a company by legal name or trade name, without accents or abbreviations. It shows only concluded cases, because complaints in progress are confidential. For each company you see how many complaints it had, the reasons, what percentage was settled by conciliation, and the fines imposed. When we consulted it on 25 September 2026, the tool covered 1 January 2019 to 31 August 2026. A shop with no results may be new, or may sell under a different name from the one you searched, so ask for the legal name (razón social) before searching.

If the shop does not respond, PROFECO

The order that serves you best is to exhaust the shop's process first, then the platform's (Compra Protegida on Mercado Libre), and only then go to PROFECO. There are two routes.

Conciliaexprés. Fast and informal, but only for companies voluntarily registered with PROFECO. It is resolved by call or message within days and is recorded as a claim (reclamación), not a formal complaint (queja). You request it by email to [email protected] or through the Teléfono del Consumidor (PROFECO's consumer hotline).
Concilianet. An online hearing between you, a PROFECO conciliator and a company representative. It is free, requires creating an account (email and password act as your signature) and works against any provider. If the shop is not in Conciliaexprés, this is your only route at PROFECO.

What to ask the shop for in writing

Before paying, ask in the chat or by email, and save the answer:

That the device is sold as used or refurbished, and the grade with the shop's definition.
How long the warranty lasts, from what date it runs and what it covers.
The legal name and address of whoever answers for it.
The battery health percentage.
The IMEI and model number of the device they are going to send you.
The return policy and who pays return shipping.
If there is an extended warranty, its cost and its exclusions.

Sources

The LFPC articles are cited from reproductions of the official text that agree with each other; the original PDF at diputados.gob.mx and profeco.gob.mx could not be read directly when this guide was prepared.