Buying used online: what rights do you really have
There are two incorrect and opposing beliefs circulating about second-hand items: that used goods have no protections, and that everything can be returned without consequences. Neither of these holds true.
Who you are buying from
This is the question that determines everything else. If the seller is a professional, i.e., a business with a VAT number that sells regularly, the Consumer Code applies. If the seller is a private individual on a marketplace or social media, those protections do not exist: no statutory right of withdrawal, no legal warranty.
On private ad sites, at most, there is the payment platform's protection, which is a different thing with its own rules.
The right of withdrawal: 14 days
When buying remotely from a professional, you have 14 days from delivery to change your mind, without having to explain why. The days count from when you take possession of the product, not from the order date.
Communicating your decision is enough: an email or an explicit message within the deadline. From that moment, you have another 14 days to return the item.
Two things that often surprise people. Return shipping costs are normally borne by the person returning the item, unless otherwise specified by the seller. And the right of withdrawal applies to consumers: those who purchase by providing a VAT number are not covered.
In what condition the item must be returned
You can handle the product as much as necessary to verify its nature, characteristics, and functioning, as you would in a physical store. Trying on a bag is acceptable. Using it for a week is not.
If the item is returned with a diminished value due to handling other than what was necessary, you are responsible for it. For this reason, the original packaging, received accessories, and any attached seals or labels are important.
The legal warranty also applies to used goods
This is the least known point. For second-hand goods, the legal conformity warranty is valid for one year from delivery, as provided by Article 133 of the Consumer Code.
Pay attention to what it covers. It does not cover wear and tear already declared and photographed: if the description stated that the corners were worn, worn corners are not a defect of conformity. It covers the discrepancy from what was described, i.e., when the item arrives different from how it was presented.
If the item does not match the description
This is the most concrete situation, and it is resolved with photos before regulations. Immediately document what is wrong, with the packaging still available, and write to the seller describing the difference.
A serious seller will then take action without you having to cite legal articles. If they do not take action, the right of withdrawal within 14 days remains the quickest route.
What must be published on the website
Before ordering, check that the following are present and legible: information on returns and refunds, terms and conditions of sale, shipping information, complete company details with VAT number and registered office, and contact details. If any of these are missing, the legal protection still exists on paper, but it becomes much more difficult to exercise.
All of ours are in the footer, along with the page dedicated to exercising the right of withdrawal.
