Selling items from Household Waste Recycling Centres: Navigating Consumer Rights

The sale of second-hand goods, particularly bicycles and scooters, from household waste and recycling centres (HWRCs) is an important part of the reuse economy, providing revenue and reducing waste. However, recent interventions by the Trading Standards have highlighted the need to ensure that practices and documentation comply with consumer protection laws, particularly around the use of “sold as seen” disclaimers.

The legal landscape

Under the Consumer Rights Act 2015, goods sold to consumers must be:

• of satisfactory quality
• fit for purpose
• as described

Crucially, any attempt to exclude or restrict these rights, such as through “sold as seen” disclaimers or requiring customers to sign away their rights, is not enforceable. This means that traditional disclaimers, often used in the sector for years, may now put operators at risk of breaching consumer law.

Trading Standards have made it clear that disclaimers which seek to limit consumer rights are not acceptable. Even if a customer signs a form stating they accept an item “as seen” or “without warranty”, their legal rights still apply. If a product is not as described, not of satisfactory quality, or not fit for purpose, the consumer can still seek a remedy.

Practical steps for operators

Second-hand goods can still be sold but the item must still function as intended unless its defects are clearly disclosed. For example, if a bike is not roadworthy it must be clearly labelled as such, and it should be sold only for spares or repair.

To continue selling second-hand goods from HWRCs in compliance with consumer protection laws, operators should:

1. Clearly label items to be described as “for spares or repair only” if they are not fit for immediate use. 
2. Remove any language that could be interpreted as excluding statutory rights, such as “sold as seen” or “no refunds”.  Instead, use wording that makes clear the item has not been inspected or repaired and the customer is responsible for doing so. 
3. Maintain any records for each sale, including a completed and signed checklist noting the item’s condition, dated photographs, and copies of the disclaimer or order form signed by both staff and customer; and 
4. Keep a record of any inspection the item has received before it is sold should one have been carried out. 

By following these steps, HWRCs can reduce legal risk while continuing to sell second-hand items and promote reuse whilst complying with consumer protection law and Trading Standards’ expectations. HWRCs should ensure they have transparency, accurate labelling, and respect for statutory rights.