If the invoice/sales docket says the item is 2nd hand then all consumer law relating to new items is rendered moot, only any laws covering sales of 2nd hand gear applies.
Almost correct.
Our consumer laws also cover used items.
The only difference between a used item and a brand new one is that the seller may reduce the warrany time-window to a 12 month term (which doesn't really alter anything, since it's almost impossible to return something after the first 6 months anyways*).
He will have to outline this before the sale is conducted, otherwise the usual 24 months apply.
*You'd have to pay an expert to prove that the good already showed signs of this fault during the first 6 months, which almost never works and costs more than most standard consumer good.
Euro consumer protections are very similar to Aussie ones, we have 7 days (14 in some states) to return a defective item even on 2nd hand gear - only exception is if was sold in unknown or not working condition, then it's buyer beware.
We have 14 days to return an item, regardless if it's defective or we simply don't like it anymore (postage is paid by the buyer, if the product is either bulky or cost less than 40 euros).
The not in working condition clause is also renderered mood by the fact that VAT was applied. Defective goods are tax exempt.
@Kremlar
I would prefer no 3
- Not behaving like an ignorant sheep, selling something in a way that is against the very law of the country he set up shop in.
I wouldn't even complain, had he not charged VAT and, in all certainty, written off expenses.
