The acquisition of second-hand products is increasing. Among the main reasons you have: economic savings; for giving a second useful life to a product that is still well preserved; or because of the current scarcity of raw materials: plastic, electronic microchips for phones, consoles, etc.
But what are your rights when you buy a second-hand item?
In this situation, you will have to differentiate between whether you have made the purchase from a company that is dedicated to the sale of second-hand items or if you have purchased from an individual who has put up for sale a product of his that he no longer needs.
Buy the second-hand item from a company
If you buy the product from a company, as established by the Consumer and User Defense regulations, the seller will have to respond to any damage that occurs within a year. During the first six months it is presumed that the lack of conformity already existed when the item was delivered. If the product is defective, the buyer may request a free repair of the product, also including shipping, labor and material costs. If the repair cannot be done or is not completed within a reasonable time, the consumer may request a price reduction or termination of the contract.
Buy the product online
If you have purchased the product online, by telephone or outside the usual store, it is important to point out that as a consumer you have a period of 14 calendar days to cancel the purchase of the product.
Buy an item from an individual
In the situation where you buy the product from an individual, the Consumer and User Defense regulations would not apply. You would find yourself before a civil contract between two individuals and the regulations of the Civil Code would be adopted, and there would also be the right to claim compensation for hidden defects that the article may have. The law sets a legal term of 6 months at the state level to claim. In this situation, we would like to point out that, if you have contacted the individual through an internet platform, it is advisable to use the payment systems made available by the platform itself in order to avoid being a victim of fraud.
If you feel cheated, call us. At Audacia Abogados we put your rights above all else.