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Before selling second-hand products online, there are steps you can take to make sure you don’t sell an unsafe product.
Understand your responsibilities to consumers as a seller
If your business is selling products, consumers have the right to expect certain things when they buy a product. These basic rights are called consumer guarantees.
The basic rights covered by consumer guarantees can’t be taken away by anything that a business says or does.
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 a purpose that the consumer has told the business about, or as advertised by the business. The guarantee also applies when a consumer buys a product based on the advice of the business. Further information about when this guarantee applies.
Consumer guarantees that apply to private sales
Most consumer guarantees don’t apply to private sales between 2 people where the seller isn’t running a business. If you’re a private seller, the consumer guarantees that apply to private sales are:
- title to the product
- undisturbed possession
- no hidden debts or charges.
See consumer guarantees for further information.
Check the product is safe and complies with product safety rules
Businesses selling second-hand products must check that the product complies with product safety requirements and consumer guarantees.
Don’t sell the product if it doesn’t comply with product safety requirements. If you do, you may face a fine or penalty.
Make sure that the product:
- has not been recalled. If the product has been recalled, you may be able to access a remedy from the manufacturer such as a refund. Check the recall notification for further information
- has not been banned
- meets any required minimum mandatory standard that applies to the product (you can check a product for labels).
Follow us on Facebook, Instagram and X, and sign up for product safety email alerts to stay informed about recalls and product safety issues.
Provide accurate and truthful product information
Businesses must make sure they are not making false or misleading claims about the product they’re selling.
Any information or claim you make about a product must be accurate, truthful and based on reasonable grounds. This includes:
- claims about the safety of the product, compliance with mandatory safety standards, and the value, benefits, qualities or performance of products
- information on prices
- images and descriptions of what you are selling
- shipping options and dispatch or delivery times.
Provide contact details and keep records
- Make sure your name, contact details, and location are clearly visible in case product safety concerns arise after sale, and be responsive to consumers and authorities.
- Keep a record of who you've sold the product to and have a plan and act quickly to contact consumers if you become aware of any safety concerns with the product, including if a product is recalled down the track.
Private seller responsibilities
Private sellers should:
- Make sure information they provide about a product is accurate and truthful including claims made about the safety of the product, such as the value, benefits, qualities, or performance.
- Check if a product is safe and if it has been recalled, banned or meets required minimum safety standards, and should not sell the product if it does not meet these product safety requirements.
- Make sure your name and contact details are visible in case issues arise with products sold after sale. Be responsive to consumers and authorities and keep a record of who you’ve sold the product to.
Provide accurate and detailed listing information
Whether you’re a business or a private seller, we recommend that you gather and include as much of this information about the product as possible before you sell it:
- the product manufacturer
- when it was manufactured
- details about the model, serial number and technical specifications
- assembly and instructions for use
- product warnings
- if it's a part of a product, for example lithium-ion batteries or chargers, any compatibility information, especially if it relates to safety.
Using the information you’ve gathered, create your listing. Provide as many product details as possible and be clear about the product and its condition.
Be clear about any issues which may affect the safety, use, or lifespan of the product.
If you use descriptions like ‘as new’, ‘excellent’, ‘good’, ‘fair’, ‘reconditioned’, or ‘used’ condition, make sure you’re accurate, clear and consistent about what these terms mean.
Use clear photographs of the product including photos of any wear and tear, damage, labelling or warning information.
Specialised product selling requirements
Some specialised products, like electrical or gas items, food, chemicals, or therapeutics, must meet additional safety or labelling requirements before selling. You can find more information about these additional safety requirements at business.gov.au before selling these products. If you are unsure about complying with the additional safety requirements, don’t sell these products.