If someone returns something to us for what ever reason, can we legally sell it as ‘new’, even though it might have been used once? It still looks new etc, but I was just wondering what the law said about it.
If it’s been used - no.
If the packaging has been opened then no it has to be sold as Used.
If it is only the packaging then you could probably sell it as Used - Like new, but if it has been used even once then Used- Very Good would be a safer bet
If its still unopened - perhaps ordered in error - then maybe.
Other than that you are far far safer going with used. Like new, very good etc depends on condition.
We sell a few returns where box has been damaged on return - depends on site but always sold as used even if perfect.
Used-very good would be the correct category I think.
What product is it, is it sent out boxed/sealed ?
If it has been used, then it is not possible to sell as new.
No. It’s not new, is it?
He said “if it had been used once”. He’s answered his own question.
This is one of those questions where the answer will entirely revolve around what you sell and what the person posting on this thread sells, a bit like, does expedited shipping mean Guaranteed or faster than standard!!
A vast majority of my products do not come in sealed packaging like video games for instance.
As i own a retail shop on the High Street, we remove some of our products (Gifts, Collectables & Toys) from their box to display them, mostly behind glass or in cabinets, however when do they become “Used”, once they are removed from the box or once they have been purchased by a customer and then left the premises.
As we also sell online, what is the “status” of a product that we have removed from display to fulfill an online order?
How many Ts&Cs regarding returns use the phrase “Return in a saleable condition”.
As there are so many variables, common sense should pre-vale, if a game/cd/dvd is returned with the seal intact and no visible damage, then it could be re-sold as new, after all, all that has happened is that it has been on a little journey and back. If something has been “used” as opposed to being removed from its box and looked at, then Used as new is a fair definition.
If you sell pharmaceuticals, then any returns are disposed of.
At the end of the day, the decision is ultimately made by the customer on the condition of something, we have in the past, very rarely, been accused of selling fakes to which we happily supply the customer with our suppliers details so they can check.