Consumer rights expert Martyn James explains what you need to know about buying pre-loved goods and vintage items
Do you love a bargain? I know I do. From spending a big portion of my youth tramping around Affleck’s Palace in Manchester to find old army jackets, to exploring a car boot sale for a hidden gem, I love pre-loved gifts.
But these days you can shop second-hand from home. There has been a huge increase in websites and apps that specialise in selling second-hand or vintage items. These sites have gone mainstream over the last few years as people consider more about the impact of their spending on the environment. Not to mention you get more for your money.
Second hand websites are also great if you’re thinking about making a bit of cash to beat the cost-of-living crisis, or you’re planning on ditching the clutter in the back of the wardrobe. In fact, many people have found that selling pre-owned items is a career in itself.
Vintage websites specialise in everything from garments old and newish to retro items and old technology. If you have something lying around unloved, chances are someone will want to buy it. The sites work in a similar way to other online marketplaces, but there are always things you need to watch out for. Here’s my guide for both shoppers and sellers.
Am I buying from a retailer or individual?
If you are using an online marketplace – a big, online brand that brings together buyers and sellers but doesn’t actually provide the goods on sale – then it’s not always clear who you are buying from. Despite the best efforts of these sites, fraudsters can lurk online, posing as both buyers and sellers.
Before you click to commit, check to see if the person selling goods or services is doing so as an individual or a business. This is an important distinction because retailers in the UK are covered by two laws that govern your shopping rights when it comes to returns and disputes. If you’re buying direct from a retailer, you more protections than buying from a person selling their personal items.
It’s not always so straightforward though. On sites like eBay and Vinted you can buy from both individuals and retailers and it’s not always clear who fits in to each category.
Online marketplaces usually have their own dispute resolution schemes to offer some protection when things go wrong – and to ensure that everyone is following the law. I’ve heard mixed responses from readers about whether these schemes are any good. So don’t assume you have definitive protection when shopping or selling.
Retailer sales
The good news is from cars to bras, if you buy second-hand goods through a retailer two all-important laws cover you for disputes that might arise about what you purchase.
The Consumer Contract Regulations cover online sales and give you 14 days to change your mind about most purchases. There are a few exceptions though, like made to order or personalised items.
The Consumer Rights Act gives you the right to return faulty or misrepresented goods. Any seasoned vintage clothes shopper will tell you that second-hand items will inevitably have wear and tear. However, the retailer must simply tell you about any faults or problems with the goods. Buyers should have realistic expectations and understand that the item will show signs of having been used before.
The law says goods or services that you purchase must be:
- Of satisfactory quality: In general terms, the retailer must not misrepresent the goods, should make it clear what it does and doesn’t do and should make sure the item is what it says it is (i.e. not fake).
- As described: The item or service should be as the retailer said it would be. So if you buy a black leather jacket, it should match the colour, fabric and description given by the retailer.
- Fit for purpose: You should be able to use the goods or services for the purpose they were supplied for. So if you’ve bought a hard drive that’s designed to work with Microsoft laptops, then it should do precisely that.
The law also says that the goods must last ‘a reasonable amount of time.
Individual sales / private sellers
According to the Consumer Rights Act, when you buy from a private seller – an individual, like you – the goods must be ‘as they were described’. Sellers can’t ‘misrepresent’ the goods, but they don’t have to list every fault either. So a ‘jacket with some marks’ should be just that. The seller can’t claim the jacket is new though as that would be untrue.
The best way to counter mis-selling – deliberate or accidental – is to ask for clear pictures of the item and assurances that it functions as advertised, before buying.
Sorting out complaints with private sellers
Disputes are complex, because you are often at the mercy of the dispute resolution services offered through the online marketplace. Many of the sellers I speak to argue that their customers don’t always have realistic expectations, or have damaged the goods on receipt to get a refund. Whereas buyers often argue that the item was wilfully misrepresented.
The website’s dispute resolution scheme will usually weed out any scammers. So that just leaves problems over the quality of goods. I find it pays to be pragmatic. If you just want a refund and the seller just wants their goods back, then agree a return, documenting the process with photos. Keep those emails or communications though. If you paid by card and a refund isn’t forthcoming, your bank might be able to charge back your cash.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
