You have decided to turn a few discarded items into money? One way is to offer things on sales platforms on the Internet, another is to sell them at a flea market. How it stands with such a private sale with your obligation to the guarantee, you find out here.
Pri-vat-ver-kauf on the Internet: What are my obligations as a seller??
Clear thing: Who something with commercial trader buys, which then immediately broken, has a right to warranty. When buying via the Internet, the 14-day right of withdrawal also applies. Buyers can easily return the product to the retailer within this period if they are not satisfied.
Many Private seller are therefore unsure whether they have similar obligations to those who bought used items from them. They fear demands if the buyer is not satisfied.
First: The fact that the buyer does not fit the sweater purchased on eBay or that the color does not suit him, does not yet grant him the right to exchange or return the item. The 14-day right of withdrawal for online shopping in accordance with § 355 of the German Civil Code (BGB) only applies to commercial sellers. In the case of a private sale, there is such a right of return if the buyer is not satisfied only if the seller has expressly assured it.
But: Even with a Private sale the buyer has basically two years of Warranty claim if the delivered goods have defects – in the case of the above-mentioned sweater from the online auction, for example, a hole that you had not pointed out in the item description. This so-called liability for material defects is regulated in § 437 BGB (German Civil Code). The salesman is obligated in this case,
- either to provide a replacement – which may be difficult in the case of a used item – or to provide a new item,
- to repa-rie the sold goods or
- refund the buyer’s money (proportionally).
How do you protect yourself as a seller from for-de-run-gen pin-ge-li-ger buyers??
First rule of thumb: always describe the item you are selling as accurately as possible. This also includes Indicate all defects and functional limitations, which you could determine. Because: If the buyer already knew before the purchase of a certain lack, he can make therefore no guarantee claims. This is regulated in § 442 BGB..
To be on the safe side, all your information about the item must be true. If you deliberately conceal a defect, then the exclusion of liability for material defects will not help you. With the designation "as good as new", for example, you should be very careful and rather not use it if the item has visible signs of use.
Correct form: This is how you effectively exclude the warranty for a private sale
If you have described the item you are offering for sale, including possible defects, to the best of your knowledge and belief, the following formulations in the item description protect you against subsequent claims:
- "The sale takes place under exclusion of any guarantee."
- "The sale takes place under exclusion of any liability for material defects."
Only the reference that it concerns a private sale, is not sufficient.
If you sell more often privately on eBay and always exclude the liability for defects in this way, this is automatically considered your General Terms and Conditions (GTC) after a certain number of offers. Thereby apply Stricter conditions for the exclusion of liability. Stiftung Warentest therefore recommends the following addition to be on the safe side: "The liability for damages due to injury to health, body or life and grossly negligent and / or intentional violations of my obligations as a seller remains unaffected."
The note "no warranty" is not necessary. Because this can be given by the salesman anywayeo only voluntarily – a legal requirement on it does not have the buyer. Read more about the difference between warranty and guarantee in this Streitlotse guidebook.
Pri-vat-ver-kauf: Who is liable for transport damage?
As a private seller you are generally not liable if the buyer does not prove a defect Item damaged by parcel service on the way and arrives defective at the buyer. Unless the item was obviously improperly packaged. So you should always pack especially sensitive and fragile items especially securely and use a sturdy box.
Warranty law also applies to private sales at flea markets
Even if something is sold on the flea market, obligations arise for the seller in matters of warranty. For example, a microwave that is advertised as functional on the sales table, but ultimately does not work, must be replaced or repaired by the seller – or the buyer gets his money back.
On the safe side you stand as a flea market seller, if you tell the buyer clearly: "You buy these goods as seen and without warranty." How to effectively exclude the warranty. If it should come later nevertheless to the controversy, it is good, on Witnesses to be able to fall back, which can testify the closed verbal contract.
What if I, as the seller, did not know about the defect myself??
Annoying for the buyer are Hidden defects, which only become visible some time after the sale. These are also a risk for sellers, especially for higher priced items.
However, in the case of a private sale, the Buyer’s burden of proofHe must prove that the seller was aware of the defect and fraudulently concealed in order to be able to assert claims. Here is for both sides often the advice of a lawyer useful.