Second hand buying rights

RefluentBeans

zoob said:

pinkshoes said:

 That's the risk of buying second hand, it has worked for 4 weeks, and is likely he has used faulty pods or broken it himself.

I'd politely reply saying that it was a private sale, you're not a business so consumer rights do not apply and as it has been working fine for the past few weeks then suggest he contacts the manufacturer for further assistance.

Being advertised as brand new and unused doesnt imply in any way that the person buying is getting a second hand product, so its possible its misdescribed at time of sale

Even if described as brand new it doesn’t give additional protections. If you buy a second hand item from a shop you have consumer protections, if you buy a new item from an individual then that doesn’t mean you do. 

There is nuance to this - as sole traders do exist and if the product was purchased with the intention of selling it, then it likely meets the sniff test of a business to consumer sale. But selling a gift; or selling something you can’t return to the store for a refund doesn’t mean that you are a trader. 

I’m afraid that there’s a lot of people (some people on this forum) think that the words ‘consumer rights act’ are bullet proof and a spell that Harry Potter could only dream of. They’re not - they’re rights that apply to all business to customer sales. They do not (and neither should they) apply to every sale that can ever happen. The person OP sold the item to clearly thinks that the magic spell will work - but it doesn’t work for consumer to consumer sales. And neither should it - I don’t want to think about the exercise bike I sold at the end of COVID and whether I should attempt a repair on it for someone who has had it for nearly 3 years. Neither should I have to replace it for them.

user1977

zoob said:

pinkshoes said:

 That's the risk of buying second hand, it has worked for 4 weeks, and is likely he has used faulty pods or broken it himself.

I'd politely reply saying that it was a private sale, you're not a business so consumer rights do not apply and as it has been working fine for the past few weeks then suggest he contacts the manufacturer for further assistance.

Being advertised as brand new and unused doesnt imply in any way that the person buying is getting a second hand product, so its possible its misdescribed at time of sale

The OP isn't saying they had used it though. It is still second-hand.

born_again

Odds on they used it a few times, realised how expensive to run (cost of pods) & maybe did not like the coffee they thought it would produce.
So will be nothing wrong with it in reality.

MattMattMattUK

born_again said:

Odds on they used it a few times, realised how expensive to run (cost of pods) & maybe did not like the coffee they thought it would produce.
So will be nothing wrong with it in reality.

From knowledge of a friend who used to analyse defective returns there may have been nothing wrong with it initially, but he said it was amazing how many returns came back as defective that were found to have been deliberately damaged internally by the customer to allow them to be returned as faulty when change of mind was not an option. 

lincroft1710

We've got one of these and it stopped working. Family member soon sorted the problem, it was blocked and they soon unblocked it