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Second-hand goods

These must also be of merchantable quality but the standards are lower. If you buy something through a private sale, your rights are greatly diminished. Goods do not have to be of merchantable quality, they merely have to be owned by the seller and fit their description. It is up to you to check out the goods before buying.

Services are also covered by the Act. There is a contract between the supplier of a service and the consumer who pays for the service. You are entitled to expect that the supplier:

  • has the necessary skill to provide the service
  • provides the service with proper care and diligence
  • uses sound materials and supplies goods of merchantable quality.
  • If the service you receive is unsatisfactory in any of these ways, you may be entitled to a remedy or compensation to make up for the difference in value between the service that should have been provided and what was actually provided.
  • Consumer rights do not always apply in relation to unsatisfactory services. The supplier of the service may limit his responsibility in some way, for example, through an exclusion clause. However, a clause of this kind is only valid if it is specifically brought to the consumer’s attention and only if it is fair and reasonable.

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