“Refund rightsWhen buying from a store or seller (including a business online), consumers have the same legal refund rights with second-hand items as they would with a new item.
However, they cannot claim a refund for problems that:
- the store or seller told them about
- they should have noticed when examining the item
- were indicated in photos or the item description on the website.
Exampe case study:
Kara buys a second-hand necklace from a vintage store on eBay. The photos clearly show the necklace has surface scratches. Kara cannot claim a refund, repair or replacement for the surface scratches. However, she can do so if another fault develops, such as the clasp breaking. The item's age, price and condition must also be taken into account.”
Second hand items - Refunds - Consumer Affairs Victoria
Also see Guarantees and product safety - second hand dealer and pawnbroker obligations.
Do note When Consumers Do Not Have a Right to Return a Product, though:
“When consumers do not have the right to return a productConsumers do not have a right to return a product if they:
- changed their mind and no longer want the product
- ordered the wrong product
- found the product cheaper elsewhere
- found a better product elsewhere
- were aware of the relevant fault before buying the product - for example, if the fault was written on the product's tag, or for online purchases, indicated in any photos or descriptions of the item online
- damaged the product by misusing it - for example, if they dropped a mobile phone in the water
- used the product for a long time and the problem is as a result of usual wear and tear.”
Also worth reading is the following:
“Products are supplied to consumers when they are sold, exchanged, re-supplied, let, hired or hire-purchased to consumers.
The automatic consumer guarantees apply to:
- new and second-hand products
- sale items
- products bought from an online business trading in Australia.”
Buyers should also be aware of what pertains when buying from an individual who is not a business:
“When a consumer buys from a private individual seller who is not running an online business, this is called a consumer-to-consumer transaction. Examples include a person selling:
- a set of golf clubs on Gumtree
- a vintage dress on eBay
- used books on Amazon.
The Australian Consumer Law does not apply when a consumer buys from a private seller (and the item is not sold in the course of their business).
However, consumers are still guaranteed clear title of the item, unless they were told otherwise before the sale. This means that the seller must ensure that no one will try to repossess or take back the item (for example, if it was stolen or sold without the owner’s consent); and that there is no money owning on the item.
The seller may also have their own refunds and returns policy with additional rights. Read the policy on their web page or profile.”
Irrespective of this, because users on eBay signed the User Agreement, they're bound by the terms of that UA, and hence...
“If the consumer bought products or services from an online auction site, such as eBay or Gumtree, they should first refer to the dispute resolution options available on the online auction's site.”
Where text is in "dark azure", I have quoted from the Victorian consumer legislation. Check your own state's consumer legislation for specifics applying to your state.
