What most people don’t think about is that anyone selling their vintage stuff on eBay can quickly get into trouble. Private sellers are also responsible for defects. Even if they don’t know her and can’t recognize her. The buyer has no right to exchange or return. However, if you make a mistake in an eBay auction, you are liable for two years. To ensure that nothing goes wrong, the legal experts at Stiftung Warentest give you advice.
Stiftung Warentest warns
According to Stiftung Warentest, “Anyone selling something must ensure that the merchandise matches the description.” “It should be as good as the buyer expects.” That’s why you should exclude liability for hidden and unknown defects when selling items on eBay. If the buyer agrees to eBay’s offer despite this clause, you are responsible only if you intentionally conceal defects or damage. “It is important to use the correct wording when disclaiming, otherwise it is invalid,” says Stiftung Warentest. According to the law, they should be responsible for impeccable goods.
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Selling on eBay: Pay attention to this
Experts recommend: If you don’t want to be liable for defects when selling used items on eBay, you should exclude liability for material defects. You can do this with the following sentence: “I exclude any liability for material defects.” In addition, experts at Stiftung Warentest advise adding this sentence to the description of an eBay item: “Liability for damages caused by injuries to health, body or life, gross negligence and/or willful violations of my duty as a seller remains unrestricted.”
But be warned: Not many eBay sellers realize that what they write in the item description has to be true. If not, you are liable even if you have excluded liability for material defects. However, the following also applies: typical signs of use are perfectly fine. At least if you don’t offer used items as new or new on eBay.
New provision effective January 1, 2022
In addition: since January 1, 2022, liability for material defects has become more stringent. From now on, sellers are responsible even if they and the buyer have not thought about any specific use of the good. This means that the offered item is also defective if it does not meet objective criteria such as usual usability and/or quality. Since then, properly describing it has become more important than ever. However, the possibility of excluding liability does not change.