EBay: Returns for private sales
A private sale is when the seller does not act commercially, i.e. sells goods without a regular source of income. A right of return can be granted here at internet auctions such as eBay, but does not have to be.
Right of return on eBay private sales
- In the case of an eBay private sale, the seller is free to grant you, the buyer, a right of return. This is recommended in the eBay advisories in order to increase the sales opportunities.
- However, you can always return defective items, be it as part of subsequent performance or - after unsuccessful expiry of a reasonable period for supplementary performance - within the framework of the withdrawal from Contract. On the other hand, you are not entitled to be granted a right to return goods that are free of defects.
- When buying, make sure that the seller has voluntarily granted a right of return. In the case of a private sale, this can be agreed through a one-off individual agreement or through general terms and conditions.
Right of return for goods with material defects
- In short, the delivered goods show a material defect if they do not have the agreed, expected or normal quality (§ 434 BGB). In that case you have the right to request supplementary performance and you can choose whether new goods are to be delivered or the goods delivered should be repaired. After an unsuccessful deadline or if the supplementary performance is not possible (rarely), you may return the goods and demand the money back.
- In the case of private sales, the seller can generally exclude the guarantee in individual cases, unless he fraudulently conceals the defect or deliberately deceives you in any other way. In any case, pay attention to the appropriate wording for a possible exclusion.
- However, if the seller uses this formulation for several offers, then there are usually general terms and conditions (at the latest after the fifth use). Then it depends on whether the clause unreasonably disadvantages you as a buyer, which you have to weigh up on a case-by-case basis.
- The clause must also not be kept too general. This is the case, for example, with the formulation "The goods are sold without any guarantee". In doing so, it is forgotten that the limitations of the corresponding regulations (§§ 309 No. 7a and b, 309 No. 8b) must be observed.
- If the private seller sells something to you as an entrepreneur, you may be liable for used goods completely excluded and the warranty period for new goods is limited to 1 year (otherwise 2 Years!).
- If a guarantee is given by the seller (regardless of the guarantee), this must also be observed for private sellers.
- You can reclaim the return costs as compensation in the event of a breach of duty by the seller.
Pay attention to the private sale clause on eBay - you should take that into account
As a private seller, when you sell privately on eBay, you are ...
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