An investigation by the European Commission and national consumer protection authorities of 25 member states has revealed that almost half of second-hand online traders fail to correctly inform shoppers of their return rights.

The investigation, called a “sweep”, was carried out simultaneously by the authorities with the aim of verifying whether traders are compliant with EU consumer law.

Consumer authorities checked 356 online traders and found 185, or 52 per cent, as potentially in breach of EU consumer law.

Out of the total amount of traders screened, around 40 per cent did not inform consumers of their right of withdrawal in a clear manner, such as the right to return the product within 14 days without justification or cost.

A further 45 per cent did not correctly inform customers of their right to return faulty goods or goods that do not look or work as advertised.

The report also found that 57 per cent of traders did not comply with the minimum period of one-year legal guarantee for second-hand goods and eight per cent did not list the total price of the product including taxes.

Out of 34 per cent of traders that presented environmental claims on their website, the sweep found that 20 per cent were not sufficiently substantiated and 28 per cent were false, deceptive, or likely to qualify as unfair commercial practices.

The EU Commission said that consumer authorities will now decide whether to take action against the 185 traders that were earmarked for further investigation and request compliance according to their national procedures.

“Second-hand goods play a crucial role in a circular economy,” said Michael McGrath, EU commissioner for democracy, justice, the rule of law and consumer protection. “It is important that all traders, including those dealing in second-hand goods, uphold consumer rights.

“The results of our recent sweep indicate that this is not always happening. I urge all affected traders to assure their practices are fully aligned with EU consumer law.”

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