Your rights as a consumer when buying second-hand goods – Odette Vella
Having trouble with a used item you purchased? Well, you may still be entitled to request a refund. Your rights in such situations basically depend on whether you purchased the item from a private individual or from a professional seller.
When you buy a second-hand item from a business or professional trader, your rights as a consumer are very similar to those you have when you buy a new item. In fact, consumer law essentially does not distinguish between used and new products.
So long as the sale transaction is between a merchant and a consumer, the goods supplied must: (a) conform to the description given by the merchant at the time of sale or in any advertising or marketing material; (b) be fit for the use 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 which would normally be expected having regard to the nature of the goods sold.
If any of these conditions are not met, consumers have the legal right to seek free remedy from the seller.
In terms of applicable remedies, as a consumer you would be entitled to have the problem goods repaired or replaced free of charge. If these solutions are not possible, or if they cause you a significant inconvenience, you will be entitled to a partial or full refund, depending on the type of defect or problem with the product.
A full refund cannot be claimed if the lack of conformity is minor or insignificant. Remedies may be exercised when the defect or lack of conformity with the sales contract appears within two years from the delivery of the goods.
Consumers should keep in mind that it is normal for used products to have imperfections and defects due to wear and tear; these defects are not covered by consumer law. Therefore, before purchasing such products, consumers are advised to check the item carefully and, if necessary, ask the sellers to report any defects or damage.
If you’re about to spend a lot of money on a used product, like a car, you should consider seeing it with someone familiar with the product to help you get it right. choice.
If the seller is an individual, the provisions of consumer law do not apply to the sales contract-Odette Velle
When you buy used goods online from a professional seller, you get extra protection. These rights include the right to have clear information about (a) the seller and their contact details; (b) how payment is to be made; (c) delivery costs, and (d) details of who must pay to return the product to the seller, if necessary.
Additionally, when purchasing online, you have 14 days to cancel or change your mind about the purchase for any reason, and you also have the right to receive a refund within 14 days of the return of unwanted item.
One important thing to keep in mind when buying used products online is that not all purchases made on a website are considered business-to-consumer transactions.
If the seller is an individual, the provisions of consumer law do not apply to the sales contract. This means that even if the goods purchased turn out to be defective, or not in conformity with the sales contract, you will not be able to invoke as a solution one of the legal remedies provided for by consumer law. In such situations, your legal rights are governed by the Civil Code and, to exercise them, you will need to seek independent legal advice.
If you choose to buy from a private seller, it is advisable to gather as much information about the seller as possible. This information should include the seller’s name, phone number and address. You should not agree to make prepayments unless absolutely necessary, and if paying online always use a secure service with buyer protection.
If the private seller advertises that the used goods are still covered by a commercial warranty, before committing to the purchase, you must confirm that the warranty can be transferred to others. Also make sure you receive a copy of the warranty 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 documentation relating to the purchase in case there is a dispute. Any issues regarding private sales should be addressed to the seller first. If these are still unresolved then buyers should seek independent legal advice.
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