Right of return& revocation even with private purchase?

Classifieds, eBay or flea market – also consumers conclude among themselves regularly sales contracts. However, many people are not aware of what legal rules apply to sales between private individuals.

We explain which legal regulations apply to sales contracts among consumers and whether even private sellers must grant their contract partners rights of return or other warranty rights.

Table of contents of the article

Warranty obligations even with private purchase?

If a product is purchased at retail, the retailer must repair or exchange the item if it turns out that it was defective when purchased – this is clear, as you can also read in our guide: "right of return in the retail trade". But can these principles also apply when a consumer sells something?

The Civil Code answers this question clearly: In principle, it makes no difference whether a purchase agreement is concluded between two consumers or a consumer and an entrepreneur. If an entrepreneur acts as a seller, only additional rules are provided to strengthen the rights of the consumer.

This means: Even in the case of a private purchase, the statutory provisions on the right to purchase are applicable. Only the special consumer protection rules do not apply. How buyer and seller come into contact for the purpose of concluding the contract (in person at the flea market, via the Internet or by classified ad) does not matter.

Also in this case, the basic rule of § 433 BGB applies, according to which the seller must provide the buyer with ownership of a defect-free purchased item, while the buyer must accept the item and pay the agreed purchase price.

From this it also follows: If the private seller has given the buyer a defective item, he has not fulfilled his obligation under the purchase contract. This in turn triggers – just as with a commercial seller – warranty claims by the buyer, which may allow him to exchange or repair, withdraw from the contract or reduce the purchase price.

Warranty claims of the buyer

The warranty and guarantee claims in the case of private purchase

As already mentioned, the private seller must also hand over an item to the buyer free of material defects and defects in title. If nevertheless a defective thing is handed over, the buyer can make his warranty claims under § 437 BGB also to the private seller.

For the intervention of the warranty rules is of course required, even among private individuals, that the purchased item was already defective at the time of delivery to the buyer. Such a defect exists if the purchased item does not have the agreed quality, is neither suitable for the usual nor the contractually presumed use or has a quality that is unusual for items of this type.

If the purchased item has a defect in this sense, the buyer has the following claims:

Important is here howeverOnly if the delivery of another, defect-free item is not possible (often when buying used goods), the seller refuses to repair the item or repair attempts fail, the item can be returned or exchanged. the purchase price can be reduced.

In principle, the buyer must first request a new delivery or repair, or. to be satisfied with this before he can return the thing or reduce the purchase price.

Effective exclusion of warranty claims?

Can warranty be excluded?

If the privately sold item is defective when it is handed over by the seller, the buyer can invoke his warranty claims for a full two years. Especially for private sellers this represents a not inconsiderable risk.

Finally, there is the danger of handing over an unnoticed defective item to the buyer and being confronted with repair, exchange or return demands from the buyer even after a longer period of time. Often, however, the private seller is not in a position to exchange the purchased item or repair it himself and must therefore fear additional costs.

"Purchased as seen"

With formulations such as "Purchased as seen" or "Warranty excluded" in item descriptions or sales contracts, private sellers therefore often try to exclude their liability for defects. It is questionable, however, whether the buyer must really bear the entire risk of defects on the basis of such formulations.

Agreed exclusion of warranty

An exclusion of warranty rights is possible – but only effective if the seller points out so clearly that a consensual agreement on the exclusion of warranty can be assumed.

This means: the seller must point out that he does not want to accept any warranty for possible defects in such a way that the buyer can clearly see this. In other words, the buyer must know what he is getting into.

A wording in an item description or a sales contract could read something like: "The item is sold with the exclusion of all warranty rights". In an article description this reference must be clearly recognizable in the text.

The wording "Purchased as seen" in a written contract of sale, on the other hand, is risky. Finally, the warranty exclusion applies according to the wording then only for defects that the buyer could have seen when inspecting the purchased item. Concealed defects, on the other hand, are not covered.

No liability for known defects

Regardless of whether an exclusion of liability for defects has been agreed or not, the buyer cannot invoke defects that he already knew about at the time of purchase in accordance with § 442 of the German Civil Code (BGB).

This provision is particularly important when selling used goods: If, for example, a used cell phone is to be sold and it has a display defect, the display defect must either:

If this is the case, the buyer cannot later assert any claims for defects due to the display damage. However, if the cell phone has other defects that only become apparent later, warranty claims can still be considered with regard to these defects.

Ineffectiveness of warranty exclusions

Purchase contract may be invalid in case of deception

Even if an exclusion of warranty rights has been expressly agreed – in writing or verbally – it can still be invalid. This is the case, for example, if the seller has fraudulently concealed a defect in the purchased item – this is regulated by § 444 BGB.

If, for example, the car seller conceals accident damage from his contractual partner despite knowing about it, he can no longer invoke an agreement to exclude the warranty. Instead, the buyer can contest the purchase contract and here without regard to the warranty exclusion even immediately detach from the contract.

The same applies according to § 444 BGB also if the seller expressly assures the buyer of a certain property of the goods and has assumed a guarantee for their existence. That is approximately then the case, if the passenger car salesman to its contracting partner a mileage of 100.000 km is expressly assured. But if the speedometer is manipulated and there is actually a mileage of 150.000 km, the seller cannot invoke an exclusion of liability in accordance with § 444 BGB.

By the wayEven if the seller assures the mileage in good faith and in ignorance of the tachomanipulation, he can not invoke the warranty exclusion here.

Conclusion to the return for buyers

As already mentioned, a defect-free item must also be handed over to the buyer in the case of a private purchase. If this does not happen, the seller can be required to repair or deliver a new item – however, this requires proof that the purchased item was already defective at the time of delivery.

As in the retail trade, however, there is no right to immediately withdraw from the contract and return the purchased item to the seller. Finally, a right of return only exists if repair and new delivery are impossible, are seriously and finally refused by the seller or fail several times.

If the warranty for defects has been effectively excluded by agreement between buyer and seller at the time of contract conclusion, or if the buyer knew of the defect, claims for repair, new delivery or return do not exist in principle.

A return of the goods despite effectively agreed warranty exclusion is therefore only possible if the seller has fraudulently concealed existing defects or has assumed a guarantee for the quality of the goods.

These articles may also interest you:

  • Exchange at Aldi
  • Transport damage private purchase
  • Warranty without receipt
  • shipping risk: who is liable in case of transport damage?
  • Right of return in the retail trade
  • Exchange at Christ

44 Comments

Hello dear team,

FOLGEDE SACHLACHE HAS HAPPENED TO ME IN A PRIVATE SALE.
DUE TO THE CHANGE OF APARTMENT OF MY GIRLFRIEND WHO MOVED TO ME, A NOT YET BUILT BRAND NEW PARTLY PACKED KITCHEN AND ALSO A SOFA WAS READY FOR SALE.BY ADVERTISING WITHIN THE MULTI-FAMILY HOUSE, WE FOUND A BUYER QUICKLY.THIS BUYER PAID A SUM OF 200 EURO TO.A REMAINING SUM OF 1250 EURO WANTED TO PAY IT STILL ON THE DAEAUF FOLLOWING MONTH IN FULL HEIGHT.THROUGH SEVERAL TALKS turned out that she could only pay in installments, this we bejahrten.Unfortunately, we had to find that there were no transfers and she has also always talked out of it.She wanted to take over the furniture but absolutely.This process began at the beginning of the year and it should be completed at the end of April because we still had the furniture in the apartment.Four days before we had to hand over the apartment to the homeowner, we were informed by the mother that her daughter no longer wanted the kitchen and the sofa and she immediately demanded the deposit of 200 euros back.
Of course I did not agree and have made it clear to her that this is not right and that I must now try in a time window of 4 days to sell the kitchen elsewhere and if I do not gelinkt, that I have to transport the furniture with a transporter and irgentwo store must.And that I have her or. I will charge your daughter this contribution to expenses.
Of course she did not agree with that and since then she has been turanizing and threatening to report us to the police.
Perhaps you dear team have a convincing answer for team, so that we can finally get this out of the world.

MfG I remain and hope for an answer soon
Michael Roddecker

Hello Mr. Roddecker,

in principle, a valid sales contract was concluded and in private sales there is no legal right of withdrawal, so it depends on your goodwill whether you make a refund. Furthermore, the place of performance, as far as I can read from your text, is in your apartment, d.h. that the buyer is responsible for the shipment of his purchased goods. In principle, the buyer is also still in default and must pay if you do not allow a refund.

But since we do not have trained legal advisors in the team, I would recommend that you contact legal counsel in case of dispute.

Yours sincerely
Jana

Hello dear team, I bought a used kitchen in June this year. I bought the kitchen more or less via eBay classifieds. At the inspection I was shown by the two sellers another for which I then decided. A deposit was made on site (a warehouse), receipt available. The kitchen would be sold to me with all appliances, oven, hob, dishwasher, sink and faucet and a countertop. However, there was only a verbal agreement on this matter. A dishwasher and the hob and sink the seller still wanted to organize used. Unfortunately, my move delayed therefore the kitchen was still some time in the warehouse. It was verbally agreed by SMS that the kitchen against payment will also be delivered and installed. This also happened. End of July. It is missing but since then a cabinet back wall, the hob does not work properly (the stove would be connected by a specially commissioned electrician) the promised sink would be bought separately new and charged me separately. Allegedly, parts were also missing and it was not completely installed. About the delivery and the assembly there is no receipt only SMS that prove this. Do I have as a private person claim on a warranty? There are missing parts or are defective.
Mfg

Good day Mrs. Wilhelm,

yes, you have. Also verbal agreements or agreements by SMS, if these were agreed by both sides, are valid contracts. If you still have witnesses for the verbal agreements, the claim can be enforced quite easily.

Sincerely yours
Jana

I have the following problem. I sold a used freezer from private to private. I have offered the gentleman to connect the cabinet before he transports it. He said no he believe me now 1 day later he calls and says I sold him defective item but at sale I knew that the article works because in the morning another interested party was there and we had connected the freezer. Has the buyer now right to return whereby I plead that it may be a transport damage because he has pushed the freezer only so loose in the car without any ladungssicherzng

ideally you should contact again the interested party from the morning, who can testify that the freezer had worked properly. Be attentive in any case, there is in private sales the popular scam to buy a working device to the identical no longer working then "return". Of course it can be simply a transport damage.
If you are convinced that the appliance was working at the time of delivery and you can prove this, you do not have to take back the freezer.

With kind regards
Jana

Please note that this is not legal advice and is only the result of our own research.

Dear Sir or Madam,
I bought a lawn tractor 1.5 weeks ago via the Internet portal classified ads.
Have me the tractor demonstrated, and noticed already that the V-belt slipped in my opinion very strong.
When asked if this is normal, the seller replied that he is not aware of anything.
Furthermore, the battery indicator light is constantly on, which indicates the constant charging of the battery.
I then had the mower delivered to me for a fee.
After the first ride jumped constantly down the fan belt.
Now I am trying for days to reach the seller to have a clarifying talk with him.
But unfortunately without success.
Unfortunately I can not get him on his cell phone.
Can I return the mower ?
Because it was not really cheap and also for a used item I expect that it is at least technically in order.
Thank you in advance for your help

Hello Mr. Berger,

As far as I know, it depends on whether the dealer is a commercial or private seller. Commercial traders are obliged to inform you about your rights of withdrawal and to grant you a 14-day return period for distance selling transactions (i.e. purchases via the Internet or a catalog). This usually applies even if the contract has been initiated over the Internet (as is the case with ebay classifieds). However, if you have bought the lawn tractor from a private person, at least a liability for defects must be offered, unless they have already been documented in advance. In your case it is difficult for me to say whether noticing the slipping V-belt is already enough to exclude a claim. Therefore, I would recommend that you contact eBay Classifieds customer service directly to make contact with the dealer, and if in doubt, seek legal advice.

We have described how to contact customer service in another guide: Contact eBay Classifieds.

Please note that this is not legal advice and this comment is only the result of our own research.

I hope I was able to help you. Kind regards,
Marvin from Pay.net

Dear Team,
I have sold a porcelain figurine privately on ebay classifieds. I had described these with "light storage traces" and uploaded 6 photos on which the figure was to be seen from all perspectives. The buyer now says the figure has two fractures. I have packed the figure together with another person. Since the figure had no breaks and it was well packaged. I have asked the buyer for photos of the breakages. He has sent me photos with markings, but there are no breaks recognizable. He writes himself they are almost invisible (?!). Therefore I refuse to refund him 50% of the price. However, as a gesture of goodwill, I offered to take the item back and transfer the price of the goods back to him. However, he is not willing to pay the return shipping costs and is now threatening to call a lawyer if I do not give him the 50% discount. Do I have anything to worry about? I suspect the buyer simply does not like the figurine or wants to lower the price afterwards. Thanks in advance for your help.

as far as I know, in the case of a defect not noted in the item description, a buyer has a right to subsequent performance in the form of repair or exchange, but not to a price reduction. However, since this is a private purchase, exchanges and repairs are excluded, which means that only a return is possible. Since you have already offered this (although according to your statement no breakage was visible), you should have nothing to worry about here.

Nevertheless, I must point out that this statement is only the result of my own research and is not to be equated with legal advice. In case of doubt please contact legal advice or a lawyer. You can also contact the customer service of eBay Classifieds.

Kind regards,
Marvin from pay.net

Dear Team,
I did not have enough time for my cat, a male cat, because of my job. That is why I have included them. various accessories sold via eBay. Now the buyer wants to give the cat back because she allegedly urinates in the apartment.
We have not made a contract of sale. With me it has never made in the apartment.
Is this even a material defect? Can the buyer demand that I take it back?
Maybe I will even do that, but I would like to know if I have to do that.
Kind regards
Ralf

as far as I understood, there is no material defect if the cat urinates in the apartment or other behavioral problems occur. This would only be the case if you had concealed an illness of the cat or the fact that it is not reproductive o. a.

However, please note that this is only the result of our own research and does not replace professional legal advice.

Dear team,
the day before yesterday I exchanged my cell phone with someone who wanted to sell his cell phone via Ebaykleinanzeige.
We have met, looked at each other’s phones and tried everything.
I bought my phone privately 2 weeks ago, so I don’t know what was done to the phone before. After 3 hours the buyer has written me that the speakers are not in order.
What should I do in this case?
I do not want to get in trouble, but also do not know what he did with the phone.

Hello Anton,
if the speaker was tested before and worked, a later damage by the exchange partner can not be excluded of course. But now it would be important to know what the exchange partner wants or expects from you? You should then consider whether a withdrawal seems reasonable or whether you can get legal advice. A legal advice we can and may not give here namely.

I wish you good luck!

Kind regards
Carolin from Pay.net

Hello dear team,
I bought this week winter tires from a neighbor , with the statement the must fit for my car, are from his old Polo. I was with these wheels in my workshop. The boss told me the tires are not suitable for my VW UP, neither the wheels it nor without rims not even the combination of both. Furthermore, the winter tires are 7 years old. Now I wanted to withdraw from the Kaufverrtrag, but the neighbor does not let himself on it .
Am I in the right ? Who I return the goods and demand my money back.
He has concealed from me the age of the wheels. I myself do not have much idea of it have the Fahrerlaubnisnkch not long . But have made me in times he contract workshop kundig (with wheels on site ).

Hello Janette,
whether the tires fit to your car, you should have checked before the purchase itself. The age of the tires is also not a reason for return, provided that they have thereby no defects that the seller knew and has concealed from you.
I do not think that you have any legal possibility to ask for a refund of the purchase price.

However, please note that this is only the result of our own research and does not claim to be complete or legally valid and does not replace professional legal advice.

Kind regards
Carolin from Pay.net

Hello, have bought 1x cell phone through Ebay classifieds. In the advertisement the return, guarantee and warranty were excluded. I myself have on the spot, that phone together with the seller tested thoroughly. Everything was okay. But now it turns out that the display and the housing has been replaced. But this was not indicated in the display. Can I withdraw from the purchase contract?

this probably depends on different factors, for example the original product description. Whether the exchange is a defect, is then another question. You should better let an expert answer these questions.

Kind regards
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal advice.

I have the following problem.
I have a new apartment and have taken over the couch from the previous tenant. This I had looked at before and saw the price as reasonable. Now I got the keys for my new apartment today and saw the couch again, because my previous tenant left it when she moved out. Now there are 2 huge and unsightly stains on the seating surface. Can I now claim my money back and return the couch to her? I would never have bought the couch for that price with the stains.
Thank you already.

Hello Lydia,
this probably depends on different factors, concerning the arrangement of the purchase. A legal advice I can not and may not provide anyway, please contact a lawyer in this regard.

Kind regards
Carolin from Pay.net

Hello dear team,

I bought a road bike 4 days ago on Ebay classifieds. I was at the woman’s house and looked at the bike and bought it. In the job description it said that the bike was "technically flawless. She did not have a warranty disclaimer in her description. I am not a big bike connoisseur and believed the woman as she also just told me at the sale that the bike was fine so.
I went to the bike store the next day, as I was unsure about the gears. There were many different defects listed to me so as a not connoisseur could not recognize. The bike is so not at all "technically perfect" and the estimated value for the bike was far below what I paid.
Thereupon I have written to the woman again, however, I get since then no more answers. I have requested a return or repair.

What can I do? Am I in the right?

Thank you for your help!

in order to get detailed legal information, you need to contact a lawyer or alternative specialist will be. We are not authorized to give you any legal information here.

Kind regards
Carolin from Pay.net

I recently sold a medical device through ebay classifieds (private to private). I have a contract of sale or. created an invoice in which the price, defects and accessories were listed and the following text:
The sale is made under exclusion of any warranty and liability for material defects. For from the post office
lost or damaged shipments can not be held responsible. The buyer declares
agree that the sale is made under exclusion of any warranty and without return and errors
are reserved to the seller and do not oblige to take back the bike. This bill concerns a private
Legal transaction, therefore the cancellation period of 14 days applicable to consumer contracts does not apply. As already
The display of the DiViNiA device has superficial light scratches.

I received the money, shipped the package and now there is said to be shipping damage, the buyer wants his money back.
Am I covered with the contract or do I have to worry if legal action is taken? Am I liable if the package was inadequately packaged?

With kind regards,

I cannot and should not give a legal opinion on your case. For this you would have to contact a specialist, d. h. best to contact a lawyer.
According to my research, shipping damage must always be reported first by the buyer, directly to the delivery company. Secure packaging can be a clue as to whether you can be held liable as a seller. But what is safe depends on the particular shipment and is not clearly defined. The problem is that the suppliers usually specify inadequate packaging as the reason for the damage and do not admit that they may have handled the packages too roughly (usually a fall from a height of 1 meter must be withstood as well as a load weighing 40 kg).

Whether and to what extent the exclusion of transport damage in the contract is valid at all, but I can not judge.

Kind regards
Carolin from Pay.net

Good day and namely I sold a large craft package of beads. This was done privately at the front door. I myself do not smoke thishabe I also told the person.But have purchased a few things on ebay. Now the person claims that all packaging smells of smoke so also the books and the person can now do nothing with the beads. The person has examined the whole Wahre at the front door (even still repacked) and paid cash. Now a day later she demands the money back. If the person should initiate legal steps, it could get right there? Mfg. S.-J. Bondza

Hello Mrs. Bondza,

it is very questionable whether a possible smoke smell is even recognized by courts as a defect. In addition, it must also be clarified whether the smell is only on the packaging or also on the beads themselves.
According to what I have read, it should be rather difficult for the buyer – especially since the goods were personally inspected and received – to take action against you in court. Maybe it would still make a difference whether you have excluded the warranty, but I can not judge that easily.

Friendly greetings
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal advice.

I specifically sold a defective 30 year old outboard motor for 100 euros. There was a mail correspondence and photos. The customer bought the part and transferred me via PAYPAL 100 euros. The package was shipped, and arrived damaged. The customer urged and instructed PAYPAL to apply for buyer protection. PAYPAL has deducted the whole amount from my PAYPAL account. Can I now demand the outboard motor back, or am I now rid of money and outboard motor? I have filed a damage claim with DHL, but the buyer does not want to give any information about the damage.
mfg Georg

Hello George,
if the customer has not paid for the goods now, he is of course not entitled to them either. He would then have to return it. However, please consult a lawyer for clarification of possible details.

Friendly greetings
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for legal information.

Hello what came out in the end? Had to take back the lawn tractor?

Hello dear team,

I bought a set of winter tires through ebay classifieds and picked them up myself.. I was going to mount them now after 5 weeks and found that the tire size was wrong in the ad. Lt. Display it is 192s, but the tires are 205s.
Furthermore, they can not be mounted, because the holes do not fit, although the ad said that they are for a three BMW.
The tires now do not have the warranted characteristics.
Is a return possible?

Greetings
Michael M.

Hello Michael,
how this case is to be classified legally, I can not answer you unfortunately. In the case of private sellers, there is generally the possibility of excluding a return. Of course, this does not exempt the seller from providing correct information about the item for sale when selling it. The question may be whether the seller knew about the deviating properties and made false statements. Have you then simply already asked if he would take the tires back due to this misrepresentation?
Otherwise, I can only recommend you to hire an expert who can advise you legally and discuss the further steps with you.

Kind regards
Carolin from Pay.net

Please note that this is not legal advice and is merely the result of our own research. Contact an expert for legal advice.

Hello, the following problem. I sold a sewing machine in November 2020, when I photographed it there were no defects or damage visible. When packing the egg, everything was also in order. The purchase went smoothly the send also. Now after 2 months the buyer reports, it would be defective u d it should be broken off parts, photos have never shown me and insist on me to demand a part of the back they also threaten with lawyer. Supposedly they could not test the machine before, some excuse had the. The photos when I sold and packed it are available. How should I behave in this regard. I find this a bit bizarre, especially with electronic devices, and how should I know that they have not damaged the device themselves and now want to make money with it, by the way, they have never shown me a photo of the alleged damage.

Hello Marcus,
Here several things can clarify the case. Have you sold the sewing machine privately and shipped it at the request of the buyer? Have you pointed out in the offer that you do not give any warranty? If the sewing machine was "adequately" packed and you were not aware of any defects, the risk has passed to the buyer with the transfer to the transport service provider. If there is damage in transit, the buyer must claim it from the shipping company. In a private sale there is always a certain risk – usually for the buyer. You should insist on photos in any case (in writing), otherwise you can not assess the damage. As long as the buyer does not provide evidence of the damage, you should not worry too much as a private seller. Even a lawyer can not help much, as far as I can tell.

Kind regards
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for legal advice.

Hello dear team,
i have the following problem, i sold a VHS cassette PRIVATELY over ebay for 170 euro at the beginning of september 2020. The edition is very rare, so rare that no one has really ever seen it. On the Internet on various forums is discussed whether this version as an insert ever existed, or it was generally just a pirated copy. The company that distributed this edition is also suspicious and is often referred to as a bootleg company, as there has never been a correct company address or registered office. The buyer has received the goods and told me that he is disappointed, because the cover is a color copy. Photos were of course available at the auction. He wanted his money back, I never agreed and he then sent the cassette back to me sometime in December without notice. I then told him that the version only existed in this form and that it was therefore not a defect, but that this "insert version" only existed in copied form. Now he is threatening with default summons, it is now over 4 months since purchase. Do I have to refund him the money or can I just send it back to him again?
With kind regards
Markus

Hello Markus,
in case of private sale it is usually assumed that – if the seller does not act fraudulently and does not conceal any known defects – a return can be excluded. But this must also be done explicitly in the listing or in the follow-up communication. If you have not excluded the return, the return may be possible (have been).
If you have effectively excluded the return, you can theoretically send the film back, because the buyer is then in default of acceptance. However, it may be easier for you to recover the purchase price (if necessary. minus the shipping costs) to refund. Alternatively you can of course consult an expert or lawyer.

Kind regards
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal opinion.

Dear team, thank you for the opportunity to share my problem.

I bought an amplifier through eBay classifieds at the end of November. After a few messages and the seller’s warranty working perfectly, I made the payment through PayPal. I received it and was defective. After 4-5 seconds always turned off. He did not accept and then I complained through PayPal and won the case. I was given an address to return the device to. Now I have my money back and the seller has the device. However, sends me letters privately outside of PayPal asking for the same amount of money. I have already filed a complaint with my city police, it was accepted and the email was sent with the seller’s knowledge, but I continue to send myself letters stating that this was a private sale and that I received a product with no defects. My question is if it is legal what the seller is doing to contact me instead to contact PayPal after giving PayPal his address to receive the device. Also from what side is the law from your point of view?
With kind regards

Hello Antonio,
such cases are always a bit difficult, because in a private sale warranty or return can be excluded. But this must also be done explicitly. In addition, in the case of a defect, it may be necessary to prove whether the seller knew about it, whether it may be transport damage, etc.
If the seller took the device back, you can assume the purchase was rescinded. To get you now to make a purchase again resp. Buying the defective device for the price of a fully functional device does not seem suitable to me.

Whether it is legal for the seller to send you letters? I do not know, possibly you can refer to stalking here? It is best to clarify this with a lawyer or the police.

Kind regards,
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal advice.

Dear team, thank you for the opportunity to share my problem. I bought an amplifier through eBay classifieds at the end of November. After a few messages and the seller’s guarantee, which worked perfectly, I made the payment through PayPal. I received it and it was defective. After 4-5 seconds always turned off. He did not accept and then I complained about PayPal and won the case. I was given an address to return the device to. Now I have my money back and the seller has the device. However, sends me letters privately outside PayPal and asks for the same amount of money. I have already filed a complaint with my city police, it was accepted and the email was sent with the knowledge of the seller, but I continue to send me letters stating that this was a private sale and that I received a product without defects. My question is if it is legal what the seller is doing to contact me instead to contact PayPal after giving PayPal his address to receive the device. Also from which side is the law from your point of view? With kind regards

Dear team,

I bought a pair of shoes through KK, the condition of the shoes was explained as very good, no defects were seen in the pictures.

The goods were not shipped after receiving the money and I did not get any replies to my messages. The purchase was made via Paypal

transacted, so I contact Paypal to make claims to buyer protection. After 3 weeks I got my money back,

since the seller had not contacted Paypal. After Paypal refund, the goods arrived unannounced, but in

a poor condition, completely filthy and not as described. I have made the seller aware of this and have

Offer to send the goods back to you. Unfortunately, I do not trust the seller, thereby I have you once again after your returns-

Address to be able to prove later that you had given the address and it is not later said ,, return not arrived".

The saleswoman does not respond to my question and has not been in touch for weeks. My question now would be,

whether I can set the seller a deadline for this, because I do not want to run after her for months and you apparently also no

Interest in solutions has.

Hello Anna,
if the goods do not correspond to the described condition, a material defect exists. However, you have the right to defect-free goods, even in the case of second-hand goods. In case of a private purchase it is up to you to prove that the item was defective before it was delivered to the shipping company. If the packaging was proper, this should not be a problem.
In the case of such a defect, for which the seller is presumably responsible, you are – strictly speaking – not obliged to return the goods at your own expense. Alternatively, you can offer the seller to pick up the shipment from you. Shipping companies such as DHL offer a pickup. So the seller could request shipping with pickup. You will then receive (by mail) the shipping label, hand over the shipment to the delivery person and do not have to worry about anything more.

To your actual question: Yes, set a deadline for the seller to pick up the goods. How this should be best designed, you should research exactly. You may not be allowed to simply dispose of the shoes, but have to store them – because strictly speaking they do not belong to you now that the amount has been refunded.

Kind regards
Carolin from Pay.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal advice.

Kind regards
Carolin von Bezahlen.net

Please note that this is not legal advice and is only the result of our own research. Contact a specialist for a legal advice.

I sold a high performance juicer to a young woman via ebay classifieds, packed it thickly with foam by mail.
This now claims that there are parts missing on it and I should pay the money back.
Do I have to get screwed and ripped off by the?

Hello Annerose,
if you are sure that you have completely packed and shipped the juicer, the risk has passed to the recipient when it is handed over to the shipping company. If parts are now missing and these may have been damaged during shipping (e.g., during transport), please contact us.B. by unauthorized opening) got lost, the recipient must claim this to the transport service provider. Otherwise it is just a private purchase and she can initiate legal action in case of suspected fraud of course. You should not let yourself be put under pressure by this – if everything went right from your side. A possible return you also do not have to accept, best here refuse acceptance. After all, you don’t know if everything was packed properly then.

Kind regards
Carolin from Pay.net

Please note that this does not constitute legal advice and is merely the result of our own research. Contact a specialist for legal information.

Hello,
I have experienced a special case. which annoys me personally very much.
I had ordered a set of floor mats from an online car parts retailer. However, a set of fasteners for floor mats was delivered.
Thereupon I informed the seller that I had received a wrong delivery. At the request of the seller I took pictures of
the packaging and the item and got for the answer that the item was delivered correctly.
However, I was able to prove to the seller that the item was offered as a "floor mat set" and not a "mounting set".
After the telephone conversation with an employee of the online store, I was able to elicit a "We pay the return costs" and also got a message by mail that the article would be picked up by a courier.
Everything so far perfect, I thought!
One day later I received an e-mail that I could send it back "at my own expense". It was subsequently discovered that for 2.99€ I would not have booked the free return service.

May the seller this at all?!
After all, he mislabeled an item and mistakenly let me buy something I didn’t even want.
And can he simply withdraw a promise (free return) made after the fact?

I am in any case cured of this online retailer. I will buy nothing more there.

Hello Andreas,
You should of course get what you ordered. If a wrong delivery has taken place here, the seller must also bear the return costs. He may initially require you to lay out the fees, but must bear the return he.
It becomes more problematic when the seller claims that the delivered goods correspond to the description. It is best to set a deadline for him to pick up or provide a return label. Possibly also a lawyer can help you further.

Like this post? Please share to your friends:
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: