On Ebay and Ebay classifieds, as a private seller, you are not liable for defects in goods – many think so. However, this only applies if you correctly exclude liability for material defects. TECHBOOK reveals what exactly you should write in the advertisement so that there are no nasty surprises.
You see them mostly in other ads on Ebay and Ebay classifieds. Sentences intended to exclude liability for material defects for private sellers. However, if you just blindly copy these on Ebay classifieds, you run the risk of being liable in the end. Because incorrect formulations are not uncommon here.
With this sentence, sellers on Ebay classifieds are not liable for defects
“According to new EU law, as a private seller, I have to point out that I cannot assume any guarantee or warranty.” Such a sentence is intended to protect sellers. But he doesn’t. Anyone who does not want to be liable for defects when selling used things on Internet portals such as Ebay or Ebay classifieds must effectively exclude the so-called liability for material defects. The appropriate formulation for this is: “The sale takes place with the exclusion of any liability for material defects.” This is indicated, among other things, by the Stiftung Warentest there. Other formulations, on the other hand, would not provide any security. Should a buyer complain about something, such a passage would be ineffective.
It is better to include an additional set as well
In addition to the appropriate wording, the product testers also recommend the following supplement: “The liability for damages due to injury to health, body or life and grossly negligent and/or intentional violations of my duties as a seller remains unaffected.” The supplement is particularly important if private sellers occasionally offer something for sale on online classifieds markets or marketplaces.
Because if someone offers something three times with the same exclusion of liability clause, the wording also applies to private individuals as a general business condition, explain the product testers. And there are stricter requirements for a general terms and conditions: the exclusion of liability for material defects is ineffective if there is no supplement to claims for damages.
Also interesting: What you are not allowed to sell on eBay classifieds
Do not make false statements on eBay classifieds
What is also not clear to many private providers of online sales: The item description must be correct. Weaknesses and faults in the goods must be correctly presented. Otherwise, sellers are liable even if they have excluded liability for material defects. In this case, honesty and thoroughness definitely pay off in the long term. In the case of smaller, inconspicuous defects, buyers are often more inclined to accept them.