We sell used, second-hand or refurbished goods. Must we always be liable for defects for 24 months?

Second-hand shops, businesses buying and reselling electronics, and online shops selling refurbished laptops all sell items that someone has already used. Sellers remain liable to consumers for defects in these goods. The liability period for a used item may be shortened by agreement, and the law recognises that such an item is not new. What matters is what you agreed with the customer before the purchase and how you described the goods.

A shorter period must be agreed

The seller is liable for a defect that becomes apparent within 2 years of delivery (Section 619(1) of the Civil Code, Act No. 40/1964 Zb.). The law allows an exception for used items:

The following quotation is reproduced in its original language:

Pri použitej veci sa strany môžu dohodnúť na kratšej dobe zodpovednosti predávajúceho za vady ako v odsekoch 1 a 2, nie však kratšej ako jeden rok od dodania veci.

§ 619 ods. 3 Občianskeho zákonníka

You must agree the shorter period with the customer. It is not sufficient to state it unilaterally in your complaints policy only after the purchase. The customer must know about it before placing the order; ideally, it should appear directly on the product page, in the terms and conditions and in the order confirmation. From 27 September 2026, an online shop must also display the harmonised notice on statutory liability for defects before the order is placed (Section 5(1), letter f), of Act No. 108/2024 Z. z.). Its elements must not be altered, so state the agreed shorter period separately.

For contracts concluded from 31 July 2026, even a shortened period is extended by 12 months after the first repair (Section 619(4), Section 879aa), as explained in the article defect claims following the amendment effective from 31 July 2026. Throughout the entire period, including a shortened period, a defect is presumed to have existed at delivery unless the contrary is proved or that presumption is incompatible with the nature of the item or the defect (Section 620(1)).

Wear and known defects

A defect resulting from use and normal wear that can reasonably be expected in light of the extent of previous use is not treated as a defect in a used item (Section 618(2), expressly from 1 January 2026). A customer therefore generally cannot bring a successful defect claim over a scratched casing on a three-year-old phone. However, the item must match your description (Section 616) and have the characteristics the buyer can reasonably expect given its nature (Section 617(1)).

You can exclude a specific departure from an item’s usual characteristics, such as reduced battery performance or missing accessories, from defect claims only if, when the contract was concluded, you expressly informed the customer that the item did not meet the general requirements in that respect and the customer expressly and separately agreed to it (Section 615(2)). A general statement such as “used goods, no defect claims accepted” does not meet this condition because it identifies no specific characteristic of the item. The law does not permit a complete exclusion of liability in an ordinary sale of a used item. Exceptions apply to sales in enforcement proceedings (Section 612(3), letter c)) and sales at public auctions that consumers may attend in person, provided they have been informed in advance (Section 612(3), letter d)). The auction exception does not apply to online shops or online-only auctions. You must sell used goods separately from new goods or specifically label them as used, unless you sell only used goods (Section 4(1), letter d), of Act No. 108/2024 Z. z.).

Refurbished goods

The Civil Code does not define refurbished goods separately. It uses the term “refurbished item” only in connection with replacing an item and lending a substitute item during repairs (Section 623, paragraphs 5 and 6). If a refurbished item has previously been used, the rules on used items apply. Goods that have never been used, such as an item with damaged packaging, generally cannot be treated as used even if they are cheaper. Statements in the description, such as “as new” or “new battery”, generally become part of the agreed requirements (Section 616), for which the seller is liable.

Czechia

The Czech rules are similar. When a used item is purchased, the parties may shorten the period for notifying defects to as little as 1 year (Section 2168 of Act No. 89/2012 Sb.). Wear corresponding to the extent of previous use is not a defect (Section 2167(2)). An item may differ from its usual characteristics if the seller specifically drew this to the buyer’s attention before the contract was concluded and the buyer expressly agreed (Section 2161(4)). Act No. 634/1992 Sb. on Consumer Protection requires sellers to clearly disclose in advance that goods are used or modified, sell them separately (Section 10), and state this on the proof of purchase as well (Section 16(3)). Czech law does not provide for an extension of the period after a repair. Further differences are discussed in the article complaints policy for Slovakia and Czechia.

We will incorporate the shorter liability period, the description of the goods’ condition and the procedure for handling defect claims for used goods into your complaints policy and terms and conditions as part of our complaints policy service for both Slovak and Czech customers. The question how many days do you have to resolve a defect claim explains how long you have to deal with the claim itself.