My pocket my pocket can I claim if I buy a defective second -hand article?Can I claim if I buy a defective second -hand article?

If I buy a second -hand product and have hidden effects, can I claim your return?during how much time?what should I do?

These and other doubts may arise to customers who buy on second -hand platforms, but also those who doubt do so for the first time.

World Consumer Rights Day

Every March 15 World Consumer Rights Day is celebrated, whose objective is to remember the rights that assist all people as users and consumers.

Many of the consumers wonder about their rights regarding the guarantees of the product, or in the event that there was a problem once they have been received, that they have not met expectations or because it did not correspond to what had been bought.

Manufacturer guarantee in force

From the Milanuncios platform, they indicate that, in the first place, it must be taken into account that the law establishes that the guarantee of any product must cover from one to five years, although it is common to extend for two.In this case, when we buy a new object we must take into account that the seller must provide the guarantee in a document that includes the duration, geographical coverage, company data and a reminder of it.

When we make a sale of a second -hand product between individuals, it is recommended that the buyer requests the original purchase invoice or ticket to, if necessary, have the two years of guarantee provided by the manufacturer.

In addition, some platforms for the sale of second -hand products offer the consumer a guarantee that covers possible incidents in certain items.In this way, if a product operating failure is detected, the platform will cover the repair or will be in charge of the return of the amount.

Hidden vice

In general terms, in second -hand sale between individuals, the buyer has up to six months to claim any hidden defect or problem present in the product to the person who sold it.

Therefore, in order to demonstrate the origin of the article, it is advisable to always use the instant messaging system of the platform to communicate, in this way, the announcement reference will be recorded, for example, and the conversation held with the seller.

From the Union of Consumer of Madrid, they warn that since it is a purchase between individuals, the buyer is not considered a consumer and, consequently, will not be protected by current regulations regarding consumer protection.But this does not mean that the buyer is unprotected, since there is legislation that guarantees its acquisition.

Specifically, and by virtue of articles 1484 and later of the Civil Code, the seller will respond to the buyer for hidden vices of the thing sold during the six months after the sale of the product.

Thus, the buyer can recover the amount paid demonstrating that the product was defective before buying it or requesting a reduction in its price.

These rights are included in the Law of Consumption, in the case of the sale of second -hand goods or services between professionals, and in the Civil Code when it comes to transactions between individuals.

Review the products in the case of the buyer ...

But to avoid this type of situations, it is most advisable to analyze the products well before making the purchase in order to detect possible failures.

… And notify the defects in the case of the seller

Likewise, in the case of the seller, it is advisable to specify whether the article has any defect in the announcement itself.In this way, it will record the state of it before selling it.

"From Milanuncios we want to transmit security to users and let them know that the sale of second -hand products is also protected by certain legal rights," says Magalí Rey, Marketing Director of Milanuncios, "we offer the possibility of hiring a guarantee in certainproducts offering extra protection to users. "

The profile of the second -hand online buyer: most young people

The Organization of Consumers and Users (OCU) conducted a survey according to which 75 % of respondents acknowledged having bought the occasional second -hand product on online platforms.Moreover, young people have more habit of doing so: 90 % of people under 35 years (without sex distinction) have once bought compared to 61 % of those who were between 47 and 64 years old and who alsohave made.

Top 5 of more bought products

According to the OCU survey, made in 2019, 6 items were acquired on average.And as for the most bought second -hand products, the top 5 stays as follows:

Furniture and home decoration (13 %)

Books, comics, CD, vinyl and DVD (14 %)

Sports and leisure articles (11 %)

CLOTHING AND FOOTWEAR (11 %)

10 plays %)

How much do we spend on average?

The average expenditure per product is usually about 63 euros, according to the OCU survey.Something that is not very surprising, they emphasize, if you take into account the typology of the most purchased items and that the products that are usually more expensive (refrigerators, washing machines ...) are subject to less operations.

In addition, three out of ten users got a discount on their purchase that, on average, was 22 %.Even so, the usual tonic is that of a price that remains the same.