ACCC guidance for buying or selling second-hand products online

If you buy or sell second-hand products online, the Australian Competition and Consumer Commission (ACCC) has published guidance to help sellers and buyers understand their rights and responsibilities on the ACCC Product Safety website.

Second-hand doesn’t mean second best – consumer guarantees still apply

When a business sells second-hand products online, the products must meet basic rights called consumer guarantees, including that they are safe. These rights can’t be taken away by anything that a business says or does.

Consumer guarantees apply to all sales of second-hand products, except for private sales between 2 people, where the seller isn’t running a business.

For more information, go to the Australian Competition and Consumer Commission website.

Tips for businesses selling second-hand products online

  • Check before you list:
    • when selling second-hand products online they must be safe. Fines or penalties may apply for businesses if a product does not comply with product safety requirements
    • see if the product is subject to any bans or recalls and meets any relevant mandatory standards.
  • When creating the listing, make sure you:
    • provide complete and accurate information about the product so buyers know what to expect and can make a well-informed decision
    • display your contact details and location in case concerns arise
    • keep a record of customers so you can contact them if you become aware of any safety concerns.
  • Remember, when businesses sell products, including second-hand products, consumer guarantees apply. Consumers have a right to expect that a product:
    • is of acceptable quality, including that it is safe, durable and free from defects
    • matches the description
    • is fit for the purpose that the consumer has told the business about, or as advertised by the business.
  • After the sale, if any issues arise, respond promptly and act quickly.

Tips for buying second-hand products online

  • Before you buy, make sure to see if the product is subject to any recalls or bans and meets any relevant mandatory standards.
  • Check if you are you buying from a business or private seller, as this can impact consumer guarantee rights. Ways to check if the product is listed by a business or a private seller include:
    • asking the seller if they are operating as a business
    • checking whether the seller’s name is the name of a person or a business name (look for terms like ‘Company’ or ‘Pty Ltd’).
  • If you are buying from a business, you have certain consumer guarantees. Consumers have a right to expect that a product:
    • is of acceptable quality, including that it is safe, durable and free from defects
    • matches the description
    • is fit for the purpose that the consumer has told the business about, or as advertised by the business
  • If you are buying from a private seller who is not running a business, consumer guarantees don’t generally apply.
  • If using an online marketplace, check they have buyer protection policies covering replacements and refunds if the product is unsafe.
  • After the sale, if a second-hand product you have purchased is unsafe, damaged, or doesn’t meet your expectations, contact the seller.

For more information and stay up to date with product safety developments, go to the ACCC Product Safety website.