Useful consumer advice
• When consumers buy a second-hand product from a trader, they have specific legal rights.
• If second-hand goods do not conform with the contract of sale, traders are liable to provide a free remedy.
• Legal remedies are available to consumers when the lack of conformity becomes apparent within two years from the delivery of the goods.
• Before buying second-hand goods, consumers should carefully check them out for any apparent defects and visible wear and tear.
• Problems caused by wear and tear are not covered by the Consumer Affairs Act.
• Consumers’ legal rights do not apply when second-hand items are bought through a private sale.
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Odette Vella
Jun 8th 2012, 07:29
If the seller selling through eBay is not a professional trader but an individual who is selling his own personal itmes, then yes the purchaser does not have any rights beyond those agreed during the sale. If on the other hand, the seller is a trader and is selling second hand goods as part of his business, then legally he is obliged that the goods sold are in conformity with the contract of sale and when this is not the case he is liable to provide a free of charge remedy, such as repair or replacement, or part or full refund.
Electronic commerce is regulated by the Malta Communications Authority and you may find a useful guide for consumers on this subject on the MCA's website: www.mca.org.mt
Jonathan Camilleri
Jun 5th 2012, 15:17
Does this mean that if I sell my items through eBay, the purchaser does not have any rights beyond those agree to with the trading platform?
What are the seller's and buyer's rights for E-Business, within and outside the EU?
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