Consumer rights

At flea markets individuals may sell their goods themselves or leave them to be sold by a flea market operator.

a) When you sell your own goods at a flea market

The Consumer Protection Act covers transactions between consumers and businesses. It does not, however, apply to transactions between two private individuals. The transactions you enter into as a seller at a flea market therefore are beyond the scope of the Consumer Protection Act and the consumer authorities have no jurisdiction to handle any disputes that might arise from such transactions.

• Carefully read the flea market operator's terms of contract before signing. The terms often require that the rental fees are paid well before the actual date when goods are sold - sometimes even months in advance. Fees paid are generally not refundable in the event that the plans to sell goods at the flea market are cancelled. You should also consider the possibility that the flea market operator might cease to operate the business even before your agreed week of sales arrives. Carefully consider whether it's a good idea to pay daily or weekly fees months in advance.
• Do not make false promises regarding the operating condition of the goods you sell.
• Do not sell hazardous goods such as defective lighting fixtures or electrical appliances.
   

b) If you leave your goods to be sold by the flea market

The contract between you and the flea market operator is governed by the Consumer Protection Act. This means that the marketing and contractual terms of the flea market can be assessed within that legislative framework.

• Only leave undamaged goods that are in good operating condition to be sold by the flea market. If an item you leave to be sold at the flea market is not in good operating condition, it is in your own interest to have this defect noted on the contract.
• Do not leave hazardous goods such as defective lighting fixtures or electrical appliances to be sold by the flea market.
• Request a written contract between you and the intermediary.
• Carefully read the contract before signing it. Remember that a contract is only created when the contractual parties unanimously agree on the terms. Consider whether you want to leave your goods to be sold at the terms offered by the intermediary. If changes to the terms are agreed on, request that they are noted in writing on the contract.
• Check that all of the items you leave to be sold at the flea market are listed on the contract.
• Note your desired price for each item in writing on the contract.
• Request that the contract specifies the brokerage fee or the calculation basis for the fee in writing.
• Agree with the intermediary on how long the goods will be sold.
• Agree on a specific date for retrieval of unsold items and collection of sales proceeds. Stick to the agreed time frame.
• Agree on what to do with unsold items.

The flea market operator is responsible for ensuring that goods left to be sold at the flea market are under appropriate supervision. The flea market operator is generally liable to compensate you for losses arising from e.g. theft unless they can prove that the losses were not a result of their neglect. You may claim the previously agreed sales price as compensation for lost items.

The flea market operator may be liable to compensate even if their terms of contract stipulate that lost items are not compensated for. If you are unable to settle a dispute with a flea market operator, contact your local consumer advisor.