If something turns out to be wrong with the item, it can be difficult to determine whether it is a defect under the Danish Sales Act or whether it is due to normal wear and tear, which you can expect when buying a used item. It depends on what is wrong with the item, how old and worn it is, and what the seller promised you when you bought it. It is also crucial that the defect or the cause of it was present at the time of delivery.
Repair of a used item
The seller is generally allowed to try to repair a defect in a product that has been sold second-hand. He is allowed to use used spare parts in the repair, for example, he is allowed to replace the engine in a used car with another used engine. However, the used spare part must correspond to the rest of the product in terms of age and wear.
Exchange of a used item
When you buy a used item, there is no other item that is exactly the same. It is therefore not possible to exchange it. If the repair is unsuccessful or it takes a very long time, the seller cannot demand that you choose, for example, another used car or another used refrigerator. In that situation, he must take the item back and you must get your money back.
The right of complaint follows the product.
If you buy a used item that is less than two years old from a private individual, you still have the right to make a complaint if it was originally sold by a company in Denmark to a consumer. You must therefore make sure to bring the original receipt with you when you buy the item. If there is still a valid warranty, you must also have the warranty certificate if you want to be able to use the warranty. The same applies if you, for example, swap clothes with your friends or receive a used item as a gift.
General disclaimers such as 'bought as seen' do not apply.
Especially when you buy used goods, second-hand goods, exhibition goods and the like, you may find that the seller will make a reservation for defects in the goods. However, general reservations such as "bought as seen" or "without liability" are not valid. Even if the seller has written on the invoice that the goods were, for example, bought as seen, you can still complain if a defect in the goods turns out to be.
The seller can only make reservations for errors if he clearly informs you about what is wrong with the item. For example, it could be a scratch on the dining table on display. You cannot then complain about the scratch later, but you can complain if other errors appear on the table. It is the seller who must prove that he informed you about an error before the purchase and that you have accepted the error.
Trading with private individuals
If you buy used goods from another private individual, for example at a flea market or on social media, you can agree on the rules yourself. For example, you can agree that there is no right of complaint on the goods.
Complaints about used goods
If the actual seller is a private individual, the Center for Complaints Resolution and other approved appeal boards cannot help you, as they can only handle complaints about a company. Instead, you must contact a lawyer or go to court.
If you buy an item that is less than two years old and was originally sold by a Danish company to a consumer, you will still have the right to a complaint under the Danish Sales Act. You can therefore complain to the store where the item was originally purchased if there is something wrong with it. This requires that you receive the receipt and any warranty certificates from the seller.
Buying used goods online and on social media, see more at forbrug.dk
texts come from the Danish Competition and Consumer Authority - consumption.dk