As the cost of living remains higher than ever, new ways to save money are needed - as a result, sales of second-hand goods in the UK are rising quickly.
Amazon reported a 15% leap in sales of used items in the first nine months of 2023, while Yodel said a 162% increase in deliveries had been driven predominantly by second-hand shoppers.
Now, buyers are getting better options to buy used goods than ever before. Long-established online marketplaces like eBay are facing stiff competition from a host of new services - such as second-hand fashion platform Vinted.
This means you can now get new or nearly-new clothing and other goods at much cheaper prices, without sacrificing on quality.
This influx of new ways to shop second-hand has also brought with it an improved level of customer service – but it still doesn’t mean you always have the same protection as when you buy new.
Wherever you’re shopping, if you’re buying second-hand (or ‘pre-loved’), it’s important that you know your rights so you can reclaim money that’s rightfully yours in the event of a problem.
When it comes to shoppers’ rights, the most important distinction is not whether an item is new or second-hand – it is whether it’s being sold by a business or a private seller.
When you buy from a retailer – either on the high street or online – you are protected by the Consumer Rights Act 2015. This means that what you buy should be:
“If these conditions are not met, consumers have the right to a refund, repair, or replacement,” explains Sophie Campbell-Adams, Director and Solicitor at Britton & Time.
This law applies to brand-new as well as used items, so your rights are the same whether you buy from a charity shop, supermarket or major retailer.
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If you buy used goods online from a trader, rather than a private seller, you benefit from a greater level of protection.
“Whoever the seller is, they are required to accurately represent the condition of the item being sold” says Campbell-Adams. “They must not mislead consumers about the condition or history of the product.”
Traders that sell online – rather than from a physical shop - must also provide clear details about payment and delivery costs and offer a 14-day cooling-off period.
This means you can cancel a purchase and return the goods within that timeframe for any reason. However, you may be required to pay postage for sending back any items, unless they’re faulty.
If you’re buying through an online platform such as eBay, some sellers will be private individuals, and some traders.
Your rights will depend on which one you are dealing with and, under the Unfair Trading Regulations, the seller must make it clear if they are a business.
While it might sometimes be tricky to spot if someone is deliberately covering up being a trader, rather than a private seller, if they’re the former you’ll get the greater level of protection.
If you buy from a private seller, you won’t get the same rights as you would from a business. Under the Consumer Rights Act, a private seller is only obliged to provide goods “as described”.
So, unless the description was misleading, you don’t have the right to ask for your money back if you are unhappy with what you have bought, or if there is a problem with the item.
Campbell-Adams adds: “To protect yourself, thoroughly inspect the item before purchase, if you can, ask questions about its condition and keep written records of any correspondence.
“If issues arise, consumers can seek recourse through the Consumer Rights Act or other applicable consumer protection laws.”
If you need to find out what your options are in a specific dispute, Citizens Advice has a dedicated page with all the information, or you can call the consumer helpline on 0808 223 1133 (or 0808 223 1144 for the Welsh-speaking version).
If you buy a second-hand item from a business, you can take it back and ask for a repair, replacement or refund if it’s faulty, or if it doesn't work as described.
Outside of the 14-day cooling-off period for online purchases from traders, you do not have a legal right to simply return something because you have changed your mind – although some retailers may allow you to do so at their own discretion.
If you think a business is unfairly refusing a refund or replacement, you can make a formal complaint to that firm. Failing that, you can raise the issue to an ombudsman to help further your case.
If you have been dealing with a private seller, you can ask for a refund if the item is not as described, but be warned you might find it’s not always easy to recover your money.
If you have a legitimate complaint and they refuse, you’ll need to take further action - for more information on what to do here, the Citizens Advice website should be your first port of call.
Trading websites such as eBay, Vinted and Amazon Marketplace are portals which connect private sellers and / or businesses with buyers and handle the payments between the two parties.
As such, they have systems in place to help resolve disputes, giving you an extra layer of protection.
“These processes typically require submitting evidence such as photos, communication records and receipts to support your case,” explains Campbell-Adams.
“Consumers should familiarise themselves with the specific dispute resolution procedures of the marketplace they are using and keep thorough written documentation of their transactions.”
If either the buyer or seller has a problem, such as with the quality of the goods or late payment, they can use the site’s dispute process and ask the platform to make a ruling.
For buyers using Amazon Marketplace, for example, you’re covered under the ‘A-to-z Guarantee’.
This means you can claim a refund within 90 days if the item is damaged or defective, doesn’t arrive - or is from an international seller and they don’t make it simple to return the item in the UK.
If the item is damaged, you can also claim the original cost of shipping as well as the expense of sending it back.
Amazon aims to deal with complaints within a week of receiving the claim. Sellers that do not engage with the complaints process risk having their accounts restricted or closed.
Ebay encourages unhappy buyers to resolve disputes directly with sellers. However, if they refuse to provide a refund for a faulty or mis-described item, eBay can get involved and make a ruling based on the evidence you provide.
The feedback system on such sites means that users have an incentive to treat others fairly or risk getting negative reviews. These are benefits that, if you bought at a car-boot sale or through classified ads, you simply wouldn’t get.
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