Selling Safe Goods
Advice for Second-Hand Traders
This leaflet is intended to help explain the safety laws regarding
the sale and supply of second-hand goods. All second-hand goods
must be safe. Some high-risk items such as electrical equipment,
gas appliances and furniture are covered by specific regulations.
All other items are covered by the General Product Safety
Regulations 2005. The leaflet also includes sections on business
names, pricing, the use of restrictive statements and customers'
civil rights.
What does Second-hand mean?
These are goods which have been supplied before to an end user. This
includes hired or leased equipment and equipment in furnished
accommodation.
Electrical Goods
General Requirements
BE SURE ELECTRICAL EQUIPMENT IS SAFE.
The second-hand electrical goods you sell must be safe. If they comply
with an acceptable standard, e.g. a British/European Standard, they will
normally meet safety requirements. The best way to confirm this is to
have them tested by a qualified electrician before putting them on sale.
These safety requirements cover:
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labelling, construction, design, and manufacture
insulation and earthing
protection from electric shock
adequate guards for radiant heaters and appliances with moving
parts such as fans
 preventing the generation of excessive heat, radiation, or toxic gases
 the need to provide instructions for safe use.
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Particular Requirements
Wiring colour codes
The wires of a 3-core mains lead are usually coloured as follows:
Earth - green & yellow
Neutral - blue
Live - brown
The old red, black and green cable is undesirable as it may make the
product unsafe and so illegal. It should be replaced with new cable.
Mains supply cables should be in good condition and free from defects.
Repairing or rejoining cables using insulating tape is not acceptable. It
should not be possible to touch the basic insulation of a mains cable.
Braided cables are not permitted on electric fires or heaters. Singleinsulated cables (commonly referred to as ‘bell wire’) are not permitted
on any electrical appliances, including table lamps.
All appliances should have a cord restraint device (cord grip) to prevent
tension in the mains supply cable or cord being transmitted to the
terminals. The cable clamp should be positioned so that it clamps on
the outer insulation of the mains supply cable, as shown on the above
diagram.
If you change a lead have it checked by an electrician. Incorrect wiring
may cause electrocution.
Plugs and sockets
You must only sell appliances which are correctly fitted with an
approved plug with sleeved pins and the correct fuse.
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All plugs must carry the name and reference number of the approval
body, normally BSI or ASTA. The plug does not have to be moulded on
but it must be fitted with a fuse of the correct rating for the appliance.
Some appliances may be supplied without a standard plug, for instance
where the appliance is intended to be permanently connected to the
fixed wiring of the property.
As British Standards are periodically revised and improved, we
recommend that, before sale, you fit appliances with new plugs which
meet the latest specifications, and dispose of the old ones. When you
do this you will be able to check that the wires in the mains cable are
correctly colour-coded.
You must provide clear wiring instructions for the plug if it is of the
rewirable kind (e.g. manufacturers wiring card usually fitted over the
pins).
All sockets (e.g. on mains extension leads), adaptors and similar
devices must meet British Standards.
Safe Fireguards for Electric Fires
Electric fires for use in the home must have a fireguard which meets the
specification laid down in safety standards.
The fireguard is satisfactory if any vertical bars are 5mm or less apart,
otherwise the guard must satisfy one of the following:  if the horizontal bars are 12mm or less apart then the vertical bars
must not be more than 125mm apart;
or
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 if the horizontal bars are 20mm or less apart then the vertical bars
must not be more than 50mm apart.
Selling electric blankets
We advise you not to sell second-hand electric blankets, as their
history, usage and condition may be unknown.
Instructions and Labelling
Instructions which are needed for the safe operation of the appliance
must be provided. They can either be marked on the appliance itself or
be contained in an accompanying booklet.
Most appliances should be marked with the following information:
 The makers model number or type reference
 The rated voltage of the appliance or the rated voltage range
 The symbol for the nature of the supply; alternating current (AC) or
direct current (DC)
 The rated frequency of the supply in Hertz (Hz)
 The rated input in Watts (W) or Kilowatts (kW)
 The rated current of the fuse in Amps (A) for some motor operated
appliances.
Protection from electric shock
All appliances should be constructed and enclosed so that there is
adequate protection against accidental contact with live parts. As a
general rule, it should not be possible to gain access to live parts
without having to use a tool.
For more information, please see our ‘Electrical Equipment’ leaflet
(http://www.derbyshire.gov.uk/images/sfy04_tcm44-8325.pdf).
Upholstered Furniture
What the Law Says
Second-hand furniture must meet the same stringent standards as new
furniture on sale in the shops. The Regulations apply to furniture of any
description for private use including beds, divans, sofa-beds, children's
furniture, cots, cushions, high chairs, mattresses and pillows.
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The safety provisions require that this furniture must pass the cigarette
test, fillings must be fire retardant, and the covers must pass the match
test.
(Some of the above does not apply to mattresses, bed-bases, pillows,
cushions and insulated bags for carrying infants under the age of 6
months).
Furniture made before 1st January 1950, materials for upholstery of
furniture made before that date, and goods for export are excluded from
the controls.
How to tell whether furniture complies
Upholstered furniture meeting the new requirements will normally carry
a permanent label, like the example below, with the heading
'CARELESSNESS CAUSES FIRE'.
CARELESSNESS CAUSES
FIRE
CARELESSNESS CAUSES
FIRE
A N Other Ltd., AB1 2XY
Batch/ID No. OF 1234
To comply with the Furniture
and Furnishings (Fire)
(Safety) Regulations:
AB 1234
1 March 1990
This article contains CM
Foam which passes the
specified test
All upholstery is cigarette
resistant
All cover fabric is cotton and
is match resistant
This article does/does not
include a Schedule 3
interliner
This article does not include
a Schedule 3 interliner
All foams, fillings and
composites have been
tested to ensure compliance
with the relevant ignitability
test. All covers and fillings
have been tested to ensure
that they are cigarette
resistant. All covers have
been tested to ensure that
they are match resistant.
Further details are available
from your retailer.
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In the case of mattresses, look for a label stating compliance with BS
7177.
Any items not bearing this labelling may not conform to the regulations,
and you are advised not to sell them until you have obtained expert
advice.
Gas Cooking Appliances
Second-hand gas cookers have to comply with the Gas Cooking
Appliances (Safety) Regulations 1989.
The main requirements are:
 Parts that carry gas have to be sound enough to prevent death or
injury from gas escape.
 The door seals must work properly to prevent fumes leaking.
 Ignition burners must work properly and light the burners quickly.
 When a burner is lit all the flame ports of the burner must light
quickly.
 The amount of carbon dioxide given off should not be enough to
cause death or injury.
 Devices which shut off the gas to a burner when the flame
accidentally goes out should work properly and safely.
 Any device which shuts off the gas when a shut down lid is closed
should work properly and safely.
 Surface temperatures of all parts except working surfaces should not
get hot enough to cause death or personal injury.
 Heat given off by the cooker should not cause a fire hazard to walls,
floors or other materials.
 Any glass parts, such as shut down lids and oven doors, must be
thick enough to prevent the glass breaking.
 There must be no sharp edges in accessible places.
 Cookers designed to free-stand must be stable when the oven and
grill doors are open, and when a load of 15kg is placed at the centre
of a drop-down door or at the centre of the top edge of a sideopening door.
 Pan supports must be stable.
 Tap handles to turn on the gas must be easy to use, but must not
turn on accidentally.
 The cooker must be sold with all instructions needed to install and
operate it.
 There must be permanent markings showing for which tap controls
which burner.
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 If a shut-down lid is not designed to cut off the gas supply when
closed, there must be a permanent warning under the lid.
How can I tell if a gas cooker is safe?
There are other complicated requirements which only an experienced
person would be able to check. The only way to make sure a gas
cooker is safe is to have it examined and tested by a GAS SAFE
registered gas installer. This is not a legal requirement but a sensible
precaution. It is advisable to seek technical advice if you are unsure
about the safety of any equipment.
Installation
All gas appliances have to be installed by a competent installer. You
should advise your customers to use only GAS SAFE registered
installers.
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For more information, please see our ‘Selling used gas cooking
appliances’ leaflet (http://www.derbyshire.gov.uk/images/sfy19_tcm448342.pdf).
Prams and Pushchairs
All prams and pushchairs, both new and used, must be safe. One way
to ensure this is by compliance with BS EN 1888:2012. Prams and
pushchairs are defined as: 'any wheeled vehicle designed for the
transport of one or more infants either seated or reclined'. Supplying an
unsafe product is a contravention of the General Product Safety
Regulations 2005.
Look for the label stating that the pram or pushchair complies with BS
EN 1888. These labels are usually found on the frame or seat covering.
If prams and pushchairs have been damaged or modified, they may no
longer meet the requirements of the standard. The only way to be
certain is to have the item tested by a laboratory, which is expensive.
However, there are some things you can look out for:
 the presence of any sharp edges or points
 the folding chassis must have a primary and secondary locking
device - do they both engage and work properly?
 the safety harness - is it in good condition? - make sure the
harness is a secure five-point harness and the straps are not
frayed
 the wheel security, and evidence of any heavy wear on the edges
of wheels
 the parking brake - does it work both forwards and backwards,
and does it engage properly?
 the general stability in all directions (forwards, backwards and
sideways left and right)
 the tubes or linkages - have they been bent by heavy impact with
kerbs or stairs?
 the presence of any finger entrapments - ensure that exposed
tubes still have some means of preventing fingers from getting
trapped
 ensure that the pram or pushchair is generally in good condition
Cots
BS EN 716-1: 1996 applies to cots manufactured after March 1996.
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It is recommended that second-hand cots should comply with the
general principles laid down in this standard. Points to look out for are:
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There should be no burrs, sharp edges or open-ended tubes
Metal parts must not be corroded
If four castors are fitted, at least two must be lockable
The mechanism for controlling any dropside must engage
automatically when the dropside is raised and should require at least
two separate actions
Folding cots must be fitted with a locking mechanism
The internal height of the sides and the ends must be at least
600mm
The distance between the rails must be 60mm (+5mm/-15mm)
Any mattress supplied must be the appropriate size for the cot, such
that there are no gaps around the edge and the distance from the
surface of the mattress to the top of the cot frame must be at least
500mm in the lowest position of the bed base, and at least 200mm in
the highest position of the bed base.
Any paints or varnishes used should be suitable for toys.
For more information, please see our ‘Selling new and used prams and
pushchairs’ leaflet (http://www.derbyshire.gov.uk/images/sfy11_tcm448337.pdf).
Toys
The Toys (Safety) Regulations 2011
(http://www.legislation.gov.uk/uksi/2011/1881/contents/made) set out
the legal requirements for the safety of toys supplied by a business.
A toy is defined as: ‘any product or material designed or intended
(whether or not exclusively) for use in play by children of less than 14
years of age.’
The essential safety rule for toys is that the user and anyone else must
be protected against risks of injury and to health when toys are used
reasonably, bearing in mind the normal behaviour of children. This
means that a supplier would not be liable if the toy was used in a way
which was completely unreasonable; for example, one child hitting
another over the head with a toy which was otherwise safe. However, it
also means that the normal behaviour of children must be taken into
account - e.g. sucking or chewing toys.
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Checks to make
Physical and Mechanical properties
Look for sharp edges and points, moveable parts that might trap fingers,
detachable parts that might cause a choking hazard, cords and strings
that might strangle and packaging that might suffocate.
Flammability, chemical properties, radioactivity
Because these aspects can only be tested under laboratory conditions,
it would be difficult for you to check them. However, if you only sell toys
which are CE marked, it would be reasonable to assume that the
manufacturer or importer had checked these when they were first
supplied.
Electrical Properties
It would be advisable to have electrical toys tested by a qualified
electrician.
Any instructions necessary for the safe use of the toy should be
provided.
Hygiene
You should ensure that any second-hand toys you supply are clean.
CE Marking - Electrical equipment, gas appliances and toys
Since 1990 all new toys, 1996 all new gas appliances and 1997 all new
electrical equipment have had to bear the CE marking:
The CE mark is the manufacturer's or importer's certification that the
goods have been manufactured in accordance with the appropriate
Regulations. If the CE mark and manufacturers details are still present
on a second hand item, it is reasonable to assume that it complied with
the Regulations when it was first supplied. However you can't rely on
this to indicate that the product is still safe - it may have deteriorated
with age and use. You should have it checked by an expert.
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For more information, please see our ‘Selling safe toys’ leaflet
(http://www.derbyshire.gov.uk/images/sfy02_tcm44-8341.pdf).
General Product Safety
The above are some of the Regulations relating to the safety of secondhand goods. Where there are no specific safety regulations relating to a
product, the General Product Safety Regulations 2005 apply. These
Regulations state that all products sold or supplied to consumers must
be safe, including second-hand products. Only antiques are exempt
from these Regulations.
Who do the Regulations apply to?
The Regulations apply to anyone who supplies goods as part of a
business including retailers, wholesalers, hirers, manufacturers and
importers.
What is a safe product?
A 'safe product' is any product which under normal or reasonably
foreseeable conditions of use, including duration, presents no risk or
only the minimum risk compatible with the product's use, and which is
consistent with a high level of protection for consumers.
All products must be designed to be safe when used properly and
should not have any faults which constitute a safety risk. They should
also be safe if used in a way which may not be the normal use but can
be expected, e.g. a glass-topped table should not merely be safe to put
things on, but should not shatter into small pieces if something is
dropped on it. The product should also remain safe for a reasonable
time.
Obviously, some products always carry a risk, e.g. knives and scissors
which must have sharp edges but precautions can be taken to ensure
that handles are sturdy and hands are kept away from the sharp edges
when the items are in use.
What factors affect product safety?
The main areas that are considered are:
 characteristics
 packaging
 instructions for assembly, maintenance, use and disposal
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 the effect on other products with which it might be used
 labelling and other information provided for the consumer
 consumers at serious risk when using the product, particularly
children.
Second-hand goods would not be expected to have all the packaging
and instructions. However, if something could not be used safely
without instructions, you must not supply the item without them. You
should carry out all necessary checks to ensure that the products are
safe.
Keeping within the Law
The maximum penalty for selling / supplying
unsafe goods is £5000
and six months imprisonment.
Product Liability
If you are in the business of selling any second-hand goods you should
be aware that:
 All goods you have for sale must meet legal safety requirements.
 Anyone injured by unsafe goods you have sold may be able to claim
compensation from you through the courts.
 If you are unsure if goods are safe then we strongly advise you to
stop selling them and have them checked by an expert.
Your responsibilities to your customers
The Sale of Goods Act 1979 (as amended) lays down 3 basic rules
which apply to contracts of sale. All goods must be:
 Of satisfactory quality - this means fit for their normal purpose and
includes their appearance, finish, safety and durability;
 Fit for a particular purpose made known to the seller - for example, if
the customer asks for a computer game suitable for a particular
machine, you should not sell them one which isn't;
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 As described - any description, written or verbal, must be accurate.
For example, a jumper described as 100% wool should not be a
mixture of wool and acrylic.
These rules apply to everything you sell including goods in sales, and
second-hand goods. However, a customer should not expect secondhand goods to be perfect.
Who is responsible?
When you sell something, you are making a contract with the buyer. If
there is a problem with anything you sell, it is your responsibility to sort
it out, not the manufacturers.
You cannot evade your responsibilities by displaying a 'no refunds' or
'sold as seen' sign. In fact, it is illegal to put up this type of sign. See
'Restrictive Statements' below.
What to do if someone makes a complaint
If any of the rules above are broken, you are in breach of contract and
the buyer is entitled to claim from you. Exactly what the buyer is entitled
to depends on whether the goods have been legally accepted. The
buyer can accept goods by telling you that he has accepted them, or by
doing something to them which shows that he no longer regards you as
being the owner, such as altering them in some way.
The buyer must have a reasonable opportunity to examine the goods
although he should not keep them for more than a reasonable time
without telling you that he has rejected them.
Before legal acceptance, the buyer is normally entitled to reject the
goods and claim a full refund if any of the 3 basic rules have been
broken. Alternatively, the buyer may request a repair or a replacement.
If this is impossible, disproportionate or would cause significant
inconvenience to the buyer then they would be entitled to a full or partial
refund.
In either case the buyer is entitled to claim other losses he may have
suffered as a direct result of the breach.
For example, if a customer bought a washing machine which proved
defective and damaged clothing, the customer could claim for the
damaged items as well as the cost of repairing or replacing the
machine.
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You do not have to give a refund where buyers simply change their
mind about the goods.
Pointing out a fault
If someone returns an item for a fault which was pointed out to them at
the time of sale, they are not entitled to a refund. But if they return
something for a different problem, they have the same rights as if the
item were sold as perfect. For example, if you sell a television with a
scratch on the screen which is pointed out to the buyer, or which should
have been easily noticed, they cannot expect a refund because of that
scratch. But if the television does not work, they have the same rights
as if it were not scratched.
Looking after your customers
To enhance your reputation you can do more for your customers than
you are required to by law. For example, you can give a refund or
exchange for items which are unwanted but you must not deny
consumers their rights.
Displaying your business name
You are required by the Companies Act 2006 to inform people about the
ownership of your business.
Example:
A business owned by a partnership
JONES AND BROWN (CAR REPAIRS)
(Partners: P Jones and A Brown)
34 High Street
Matlock
Derbyshire
DE4 10ZZ
Who does it apply to?
It applies to all businesses including:
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Business Type
Details which must be given
A company which trades under a The full (corporate) name of the
name which is not its corporate name company
A partnership which does not trade The name of each partner
under the names of all the partners
An individual who trades under a The name of the proprietor
name other than there own surname,
with or without first names or initials
All must give an address within Great Britain where documents can be
served. The information must be shown clearly on:
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All business letters
Written orders for the supply of goods or services
Invoices and receipts (including till rolls)
Written demands for the payment of business debts
You must also display this information in a prominent position so that it
can be read easily in all places where you carry on your business, and
where you deal with customers or suppliers.
If anyone you are doing business with asks for your business ownership
details, you must tell them in writing immediately.
Registered companies
The Companies Act 2006 also requires that a registered company must
show the name of the company outside all of its premises. The
registered office and company registration number must be given on all
business letters and orders
The maximum penalty
for failure to comply with
the Companies Act 2006
is £1,000
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Restrictive Statements
The Consumer Protection from Unfair Trading Regulations 2008 makes
it illegal to display a notice which states or implies that a consumer with
a genuine complaint cannot make a claim against the trader. It is an
offence to have restrictive statements on notices, labels, adverts,
receipts, invoices, delivery notes or even to make such a statement
verbally.
If the customer has a legitimate claim you can insist on proof of
purchase, but this does not have to be a receipt. For example, they
could show a credit card slip.
The following are types of statement which are not allowed:
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'no cash refunds'
'no sale goods exchanged or money refunded'
'sold as seen and inspected'
'no refunds or exchanges without a receipt'
Notices of this type are not acceptable even if you include the statement
"your statutory rights are not affected".
Pricing
The Price Marking Order 2004 requires traders to give accurate
information about the price of goods displayed to consumers. The price
of virtually all goods on sale must be shown, including items in window
displays and other types of display. Prices must be shown in sterling. If
foreign currency is accepted then the sterling price must also be shown
with information about exchange rates and Commission. The price must
also be shown in one of the following ways:
 On a price ticket on each item
 On a nearby shelf edge ticket
 On a nearby price list
Prices must be clear and legible. It must be obvious which item a price
relates to.
Aspects of the Disability Discrimination Act 1995 apply with regard to
the special needs of the elderly and disabled groups and traders should
take this into account.
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Exemptions
The only exemptions to these rules are:
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Auction sales
Works of art
Antiques
Items of jewellery in a shop window priced at more than £3,000
Products offered in the course of a provision of a service.
VAT and other charges
Prices must include VAT at the current rate and all other taxes. You
must show clearly any additional costs which a customer has to pay
before they can receive goods or a service. For example, if goods are
only available by mail order, you must state postage and packing
charges. Any additional charges should be given equal prominence to
the basic price.
Advertisements and other posters
You do not have to state prices in advertisements or posters. However,
if you do show a price, it must be clearly readable and include VAT and
any other additional costs.
Where can I get further help?
This leaflet is not an authoritative document on the law and is only
intended for guidance. For further details or clarification contact
Derbyshire Trading Standards at:
Chatsworth Hall
Chesterfield Road
Matlock
Derbyshire
DE4 3FW
Telephone:
Businesses:
Consumers:
Call Derbyshire
Citizens Advice consumer helpline
Fax:
01629 536197
Website:
www.derbyshire.gov.uk/tradingstandards
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01629 533190
03454 040506
We want everyone to be able to understand us. On request, we will
arrange:
 Language interpreters, including for sign language
 Translation of written materials into other languages
 Materials in large print, on tape or in Braille.
To ensure that you are looking at the most up-to-date version of this
leaflet, please visit our website at
http://www.derbyshire.gov.uk/images/sfy09_tcm44-8339.pdf
or telephone us on 01629 536166.
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