A little about used stuff - Danish law

 

 

The Purchase Act also applies to the purchase of second-hand goods, such as cars or clothing. You always have two years of warranty when you shop in a store or at an online retailer.

However, if something turns out to be wrong with the item, it can be difficult to determine whether it is a defect under the Purchasing Act or whether it is due to ordinary wear and tear that you should expect when buying a used item. It depends on what's wrong with the item, how old and worn it is, and what the seller promised you when you bought it. At the same time, it is crucial that the fault or the cause of it was present at the time of delivery.

Repairing a used item

In principle, the seller is allowed to try to repair a defect in a used item sold. He may use used spare parts for the repair, for example he may replace the engine in a used car with another used engine. However, the used part must correspond to the rest of the item in age and wear.

Swapping a used item

When you buy a second-hand item, there is no other item quite like it. It is therefore not possible to exchange it. If the repair fails or it takes a very long time, the seller may not require you to choose, for example, another used car or another used refrigerator. In that situation, he has to return the item and you have to have your money back.

The right of complaint follows the item

If you buy a second-hand item from a private individual under two years old, there is still a right to claim it if it was originally sold by a company in Denmark to a consumer. Therefore, make sure you get the original receipt when you buy the item. If there is still a valid warranty, you must also have the warranty certificate if you want to use the warranty. The same applies if, for example, you change clothes with your friends or get a used item for granted.

General reservations such as 'bought as possessions' do not apply

Especially when buying used items, 2. sorting items, exhibition items and the like, you may find that the seller will make a reservation for errors in the item. But general reservations such as "bought as possessed" or "without liability" are not valid. Even though the seller has written on the bill that the item was bought as a beset, for example, you can still complain if there is a defect in the item.

The seller can only make reservations about errors if he clearly informs you of what is wrong with the item. For example, it can be a scratch in the dining table on display. You can not later complain about the scratch, but you can complain if there are other errors at the table. It is the seller who has to prove that he informed you of a mistake before the purchase and that you accepted the mistake.

Trade with private individuals

If you buy second-hand goods from another private person, for example in a flea market or on social media, you can agree on the rules yourself. For example, you may well agree that there is no right of complaint against the product.

Complaints about used goods

If the actual seller is a private person, the Center for Complaints and other approved complaints boards cannot help you as they can only deal with complaints about a company. Instead, contact an attorney or go to court.

If you purchase a product that is less than two years old and originally sold by a Danish company to a consumer, there will still be a right to claim it according to the rules of the Purchasing Act. Therefore, you can complain in the store where the item was originally purchased if there is something wrong with it. This requires that you obtain a voucher and any warranty vouchers provided by the seller.

 

Buying used goods online and social media see more at consumption.dk

 

texts come from Danish Competition and Consumer Authority - forbrug.dk