Is it ok to sell unworn / unused / new items donated to charity shop as Brand new ? I`ve worked in one for many years but have always been told that any item donated cannot be regarded as new. Isn`t this contravening Trading Standards somehow? We are not allowed to sell freebies (ie) those Cds/Dvds that come with the Sunday papers. but can ask for a small donation.
I haven't checked for any case law on this but it seems logical to say that such an item is 'second-hand' but unused/unworn. You could probably say it is 'as-new' . I would expect 'brand new' to have obtained a specific legal defintion by now - probably something purchased by a member of the public from a retailer or wholesaler. New items would be something you've sourced from the manufacturer - either direct or via a wholesaler.