The second-hand baby clothes I've bought are damaged

If you receive damaged second-hand baby clothes, you may be entitled to a refund but this will depend on where you bought them from.

Your consumer rights

There are different rules for private individuals and retailers when selling second hand clothes and shoes. 

If you buy goods from a trader or retailer - for example a charity or eBay trader - then you're covered by the the Consumer Rights Act (for purchase made after 1 October 2015) or the Sale of Goods Act (for purchase made before 1 October 2015).

Both Acts stipulate that clothes must be of satisfactory quality, as described and fit for purpose.

Fair wear and tear

Although clothes should be of a satisfactory quality when sold, allowances must be made for the goods being second hand.

For example, if you buy a babygrow and you realise it has a hole in it when you get it home, then you're entitled to a refund or a replacement. 

But if you buy shoes that have scuffs on them, then you must accept that the shoes will have some wear and tear. 

Goods should still be as described though. For example, if you buy baby clothes from an eBay trader that's described as new with tags on, you should expect them to be new and with tags. 

If the item is more worn than described, then you'll be entitled to a refund or replacement.

You can send a letter to the retailer asking for a repair or replacement as you would do with new clothes or shoes. 

Buyer Beware

If you're purchasing from a private seller, then it's a case of buyer beware. 

Unlike traders and retailers, there's no obligation on the seller to disclose faults. But misrepresenting goods is not allowed.

For example, if a private seller describes a babygrow as 'a pink babygrow' and they post you a pink babygrow but it's stained, you won't be entitled to a refund or replacement. But if they send you a blue babygrow instead you should be entitled to a refund or replacement.

This is because they have misrepresented the colour of the babygrow. You can use our letter if you've bought goods from a private seller that are not as described. 

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