Are you experiencing problems with a second-hand item you bought? Well, you may still be entitled to claim a refund. Your rights in such situations basically depend on whether you bought the item from a private individual or a professional seller.
When you buy a second-hand item from a company or a professional trader, your consumer rights are very similar to those you have when buying an item that is brand new. In fact, consumer law essentially does not distinguish between used and new products.
As long as the sales transaction is between a trader and a consumer, the goods supplied must: (a) comply with the description given by the trader at the time of sale or in any advert or marketing material; (b) be fit for the purpose that the consumer requested at the time of sale and for which the product was sold; (c) be fit for its normal purposes; (d) demonstrate the quality and performance one would normally expect given the nature of the goods sold.
If any of these requirements are not met, then consumers have the legal right to claim a free remedy from the seller.
With regard to the applicable remedies, as a consumer you would be entitled to have the problematic goods repaired or replaced free of charge. If these solutions are not possible, or if opted for would cause you a significant inconvenience, then you would be entitled to a part or full refund, depending on the type of defect or problem the product has.
A full refund cannot be claimed if the lack of conformity is minor or insignificant. The legal remedies may be claimed when the defect or lack of conformity with the contract of sale becomes apparent within two years from the delivery of the goods.
Consumers must bear in mind that it is normal for second-hand products to have imperfections and defects attributable to wear and tear; such defects are not covered by consumer law. Hence, before buying such products, consumers are advised to carefully check the item, and where necessary, request sellers to point out any defects or damages.
If you are about to spend a lot of money on the purchase of a second-hand product, such as a car, you should consider viewing it with someone who is knowledgeable about the product to help you make the right choice.
If the seller is a private individual, the provisions of consumer law do not apply to the sales contract- Odette Vella
When buying second-hand goods online from a professional seller, you have additional protection. These rights include a right to have clear information on (a) the seller and his contact details; (b) how the payment is to be made; (c) the delivery charges, and (d) details on who must pay for returning the product to the seller, if necessary.
Also, when buying online, you have 14 days to cancel or change your mind on the purchase for any reason, and you also have a right to receive a refund within 14 days of returning the unwanted item.
An important thing to be aware of when buying second-hand products online is that not every website purchase is classed as a business-to-consumer transaction.
If the seller is a private individual, the provisions of consumer law do not apply to the sales contract. This means that even if the goods bought turn out to be faulty, or do not conform to the sales agreement, you will not be able to claim as a solution one of the legal remedies stipulated in the Consumer Affairs Act. In such situations, your legal rights are regulated by the Civil Code, and to exercise them you will need to seek independent legal advice.
If you opt to buy from a private seller, it is advisable to gather as much information as possible on the seller. This information should include the seller’s name, phone number and address. You should not agree to make advance payments unless absolutely necessary, and if paying online, always use a secure service with buyer protection.
If the private seller is advertising the second-hand goods as still covered by a commercial guarantee, before committing to the purchase you should confirm that the guarantee can be transferred to others. Also make sure that you are given a copy of the guarantee’s document and a copy of the original receipt.
Finally, it is important to have tangible proof of any specific agreements made and to keep a copy of all the documentation related to the purchase just in case there is a dispute. Any issues about private sales should first be addressed to the seller. If these remain unresolved, buyers must then seek independent legal advice.
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