eBay Classifieds & Co.: This is important to keep in mind when selling privately

What really matters when selling privately on eBay

A private sale is also a purchase contract, so that certain legal provisions must be observed during the implementation. However, many sellers do not seem to know exactly what these are. According to Stiftung Warentest, for example, online ads on eBay would contain private sales clauses like the following: “According to current EU law, I must point out that this is a private sale, which means that no returns or exchanges can be granted.” With this wording, the seller probably wants to protect himself against claims from dissatisfied buyers. According to Stiftung Warentest, the clause mentioned is not only ineffective, but also completely superfluous. First and foremost, sellers don’t have to refer to anything under EU law. In addition, there is no right to exchange or return in the case of private sales, so the mention is correct as information, but not necessary. What the seller should really be concerned about is the warranty and liability involved in the sales process. Contrary to what might be assumed by many, the supplier must be responsible for the faultless goods and the liability for material defects.

Properly exclude liability on eBay

According to Stiftung Warentest, different liability regulations are permissible for private sales. It is particularly important what the seller offers and what the buyer agrees to. When excluding liability for material defects, it is important to formulate the clause clearly and unambiguously. The safest thing for used goods is the short and clear formulation: “I exclude any liability for material defects.” According to Stiftung Warentest, the following sentence should also be added: “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 unrestricted.” In the case of three or more sales offers from a supplier, the disclaimer used would appear as the general terms and conditions. Stricter requirements for the exclusion of liability apply to such general terms and conditions, which would become ineffective if the supplement to claims for damages was missing. If the liability for material defects is not excluded or only insufficiently excluded, the seller must comply with the full statutory provisions. He is thus responsible for two years from the handover that the goods are in accordance with the item description.

Describe items correctly on eBay

In order for liability for material defects to be effectively excluded at all, the item description must also be accurate and truthful. Otherwise, the seller is also liable in the event of an exclusion of liability. Run-down or even non-functioning objects should therefore not be advertised as high-quality products. You should also inform the buyer honestly about certain uncertainties. For example, if the provider does not know exactly whether the goods offered are still ready for use, this should also be communicated clearly. If the buyer is clear about what he is getting himself into based on the item description, the protection against liability for material defects is effective. A defect only exists if it objectively does not correspond to the usability shown or the usual quality. Normal signs of use are therefore generally not relevant for liability in the case of second-hand goods, unless the item was incorrectly described as new.

Nicolas Flohr / Editor finanzen.net

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