This Monday, March 15, World Consumer Rights Day is celebrated , whose objective is to remember the rights that all people have as users and consumers. The day was established in 1983, but since then it has radically changed the way in which citizens acquire products and services.
The move from physical to virtual transactions was one of the first turning points, followed by the second-hand boom , propitiated precisely by the digital transformation and the appearance of a multitude of platforms where anyone could put what they sell for sale. that I no longer needed.
All this has been joined this year, as is logical, by the pandemic and the consequent economic crisis, which has triggered the number of those who opt for second-hand instead of always buying everything new.
Possible problems
Although consumers know our rights when we buy a new product or service from an establishment or professional, doubts arise when we buy or sell those same services or products second-hand. It is possible that what we receive does not correspond to what we had bought, or that it has defects that the buyer did not notify us of. Or that, simply, what arrives at home does not meet our expectations. What can we do if we have problems once we have received it
For the sale of second-hand, citizens usually resort to online platforms , each of them with its own rules and conditions of service (which we should read carefully before carrying out any transaction), but there are common rules that protect the consumers and that perhaps many do not know.
Precisely one of those platforms, the veteran Milanuncios, has developed a series of recommendations to clarify the most common doubts that its users usually raise. “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 Magali Rey, Director of Marketing for the platform, who points out that they also offer “the possibility of contracting a guarantee on certain products, offering extra protection to users.”
Manufacturer’s guarantee in force
The law establishes that the guarantee of any product must cover from one to five years, although the usual thing is that it does not exceed 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 said guarantee.
When carrying out a sale of a second-hand product between individuals, it is recommended that the buyer request the original purchase invoiceto, if necessary, have the two-year warranty provided by the manufacturer.
In addition, some platforms offer the consumer a guarantee that covers possible incidents in certain articles. In the case of Milanuncios, the user can contract the Guarantee just in case for electromechanical products. If a malfunction is detected in the product, the platform will cover the repair or will take care of the refund of the amount.
Protected by law
In second-hand sales between individuals, the buyer has six months to claim any hidden defect or problem with the product from the person who sold it. Therefore, to prove the origin of the article, it is best to always use the system ofplatform messaging to communicate. This way the reference of the ad will be registered and also the conversation maintained with the seller. If a hidden defect
is detected in the second-hand product, the amount paid can be recovered by proving that it was defective before buying it or request a price reduction. These rights are included in the Consumer Law , 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. To avoid problems, it is best to analyze the products well before buying them in order to detect possible failures. In addition, in the case of the seller, it is advisable to specify if the article has any defects in the advertisement itself. In this way, it will be recorded before selling it. And if that is documented with images, so much the better.
Consult experts
If all of the above does not work and the problem leads to a conflict, consumers can resort to associations or public administrations that can guide them in this type of situation, such as Facua (we can send them a complaint if we have suffered fraud and offer information to solve consumption problems), OCU (members have help to manage claims) or the consumer service offices available to municipalities and autonomous communities.
