The European Commission and consumer authorities conducted an investigation into second-hand goods sellers. This investigation, known as a sweep, was coordinated by the Commission and carried out by national enforcement authorities. The aim was to check whether these traders comply with EU consumer law. In total, 356 online traders were checked, of which 185 (52%) were potentially in breach of EU consumer law.
The investigation found that:
- 40% did not clearly inform consumers about their right of withdrawal, such as the right to return within 14 days without reason;
- 45% did not correctly inform consumers about their right to return faulty goods;
- 57% did not respect the minimum one-year legal guarantee for second-hand goods;
- 34% of traders presented environmental claims, of which 20% were insufficiently substantiated and 28% were misleading or unfair;
- 5% did not correctly provide their identity and 8% did not state the total price including taxes.
Consumer authorities will now decide whether to take action against the 185 traders requiring further investigation and request compliance according to their national procedures.
Background
The Consumer Protection Cooperation (CPC) is a network of national authorities responsible for enforcing EU consumer protection laws. Under the coordination of the European Commission, they collaborate to address infringements of consumer law in the Single Market.
Traders obligations regarding consumer information are covered by the Consumer Rights Directive and the e-Commerce Directive. Traders commercial practices must not mislead consumers and must comply with the Unfair Commercial Practices Directive. When selling second-hand goods, traders should also respect their obligations regarding the legal guarantee of conformity stated in the Sales of Goods Directive.
The new Directive on Empowering Consumers for the Green Transition, once transposed by Member States into their national law, will ensure that consumers are provided with better information on the durability and reparability of goods and the consumers legal guarantee rights at the point of sale. It will also strengthen consumer protection rules against greenwashing and early obsolescence practices.
The main sectors of activity concerned are clothes, accessories, electronic equipment, toys and gaming items, books, household appliances, interior design and furniture, CDs and vinyls, childcare products, cars (including electric cars), sport items, spare parts, motorbikes and bikes, gardening items, do-it-yourself and others.
The following EU Member States participated in the sweep: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. Iceland and Norway also took part in the sweep.
For More Information
Consumer Protection Cooperation Network