Home > Regulations & Law > Second Hand Toys: What Are my Rights?

Second Hand Toys: What Are my Rights?

By: Sarah Clark (ILEX) - Updated: 13 Mar 2019 | comments*Discuss
 
Used Toys Second Hand Toys Toy Safety

You do have rights as a consumer, whether you buy second hand toys or brand new ones, but you need be very careful about where you buy used toys from, as the law applies differently to private sales than to second hand toys bought from a shop.

What Are My Rights if I Buy Children's Toys From Car Boot Sales?

Buying used toys from a car boot sale (or jumble sale, classified advert or similar) limits your rights as a consumer. Although you still have a contract with the person you buy the second hand toys from, you don’t have the protection of the Sale of Goods Act 1979 because most of the provisions of the Act only cover sales that happen in the course of a business. Some areas that you should definitely be very careful, of are:

  • Safety laws - There is a raft of toy safety legislation in place to protect children from unsafe toys. If you do buy used toys, they could be too old to comply with the law – and if they don't, you could be putting your child at risk from things like high levels of lead in paint, hair or stuffing that leads to a choking hazard, sharp edges or spikes.
  • Electrical Toys – definitely avoid buying any electronic second hand toys – especially at a car boot sale. The reason for this is that a lot of electrical goods will be old and worn out, and at worst you could find that they don’t even conform to current toy safety standards. Buying electrical second hand toys from someone you don’t know at a car boot or jumble sale could be extremely dangerous for your child. If you spot an absolute bargain and can’t resist the urge to buy it, get it checked over by an expert before you give it to your child. And remember that you probably won’t see your money again if the toy turns out to be unsafe or faulty.
  • Counterfeit Toys and Games - There is a thriving market in fake toys, video games and DVDs, so be aware that the bargain you pick up at a Sunday market might not be legitimate. Fake goods are likely to be of inferior quality and might even be dangerous. They could have fake toy safety CE marks and quality marks, and it’s just not worth the risk. If a stall at a car boot or market has a large quantity of branded toys for sale at surprisingly low prices, be realistic and accept that they are probably fake – if something seems too good to be true, it usually is!

What Am I Entitled To if Used Toys Are Faulty?

To be honest – you’re not likely to be entitled to a great deal if you buy used toys from a private seller. On the other hand, if you buy a rare vintage doll from an antique shop, your rights are exactly the same as they would be if you bought the toy brand new. So it really is a case of ‘buyer beware’ if you’re going to buy anything from a private seller.

Private sellers are only liable to pay you any kind of compensation under the Sale of Goods Act if the toy that you buy isn’t as it’s described. So if you see an authentic Sindy Doll advertised on eBay as being an original from the 1970s and you later find that it’s part new and part antique, you could give the doll back and demand a refund because you’ve been misled.

You aren’t entitled to any compensation at all if you buy used toys from a private seller and they break, or you realise that your second hand toys have a fault. The only exception to the rule would be if there was a written description somewhere of the toy that described it as being “In perfect condition” or “as new”.

In general, for peace of mind, it's always best to buy used toys from a reputable trader and not private seller. Make sure that it conforms to safety laws, and has all the relevant CE Marks, before you give it to your children. If in doubt, don't buy it.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Does a toy for a baby have to say on it what age/months they are for?
Luc50 - 13-Mar-19 @ 12:55 PM
I am an activity co -coordinator, at a nursing home in the uk. A vey large second hand bear about 5 feet high has been donated to be raffled. Produced for Proctor and Gambol it bears the name Charmin which I assume was for advertising purposes. The seam at the ear has split open revealing the stuffing, zI have been asked to repair it prior to the raffle. Having been made very aware of to regulations by my previous employer I am concerned about raffling this large old toy which is now damaged due to children playing with it shortly before it was donated, leaving myself a sewing instructor in the position of having to repair this older toy.
min - 27-Oct-16 @ 2:14 PM
Thingummybob - Your Question:
I was wondering what the law was regarding up-cycling old toys. Specifically re-upholstering old rocking horses. I cover them - over their existing stuffing and remake or repair any damaged bridles and replace their manes and tails. I also rub down and varnish or paint their rockers. All the advice I can find is about homemade (from scratch) toys or second hand toys. Thank you.

Our Response:
if you're selling them on, you'd be advised to check the standards for this type of toy/play item. Check the standards at your local library. Look for British Standard (BS) 5665 and European Standard EN71.
ToysAdvice - 7-Jun-16 @ 12:42 PM
I was wondering what the law was regarding up-cycling old toys. Specifically re-upholstering old rocking horses. I cover them - over their existing stuffing and remakeor repair any damaged bridles and replace their manes and tails. I also rub down and varnish or paint their rockers.All the advice I can find is about homemade (from scratch) toys or second hand toys. Thank you.
Thingummybob - 5-Jun-16 @ 6:07 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Tracez
    Re: Toy Safety Standards in the UK
    I have received a maileg toy kitchen which have metal sharp components holding Perspex in place as an oven door these are very…
    1 December 2020
  • Shaf
    Re: Toy Safety Standards in the UK
    Can someone help im trying to find toy manufacturers for peppa pig toys,avengers and frozen and all licensed toys but can't find…
    23 November 2020
  • Gem
    Re: Toy Safety Standards in the UK
    I was looking at making wooden toys with various parts for children and wondered what safety standards I would need to meet…
    16 November 2020
  • Maggi
    Re: Toy Safety Standards in the UK
    Good morning. I have started just started a baby gift shop and i want to know where i can send of my teething toys n pramtoys…
    10 November 2020
  • Maggie
    Re: Toy Safety Standards in the UK
    Hi I make fabric dolls. Wool for hair, and I paint the faces on with fabric paint. What is the next steps I need to take if I…
    9 November 2020
  • Hazel
    Re: Toy Safety Standards in the UK
    What is the minimum size of safety eyes that can be used on a soft toy that meet EN71 Standard? Also, is there a maximum length…
    3 November 2020
  • Nikkinakinokinoo
    Re: What is This Toy Safety Mark?
    Hi I've bought a rag doll toy from a seller in China. The doll has labels with the name, address etc of manufacturer & has CE…
    3 November 2020
  • Mal
    Re: Toy Safety Standards in the UK
    I am looking to manufacture Mud Kitchens in the UK and wanted to check on the standards which apply. Do they need to be tested…
    28 October 2020
  • Thomas
    Re: Toy Safety Standards in the UK
    Hi, I would like to sell basic wooden marionettes that I have made myself, where would I have to send them to be tested please?…
    27 October 2020
  • lindseylashes
    Re: What is This Toy Safety Mark?
    I'm hoping to make mindful rocks to sell and use as part of my yoga for children's business. What toy certification do I need and…
    22 October 2020