Even one wrong sentence on Ebay classified ads will make you liable
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On Ebay and Ebay classified ads, private sellers are generally not liable for defects – many think. However, this only applies if you explicitly exclude liability for material defects. TECHNOLOGY BUTTON reveals what exactly you should write in the ad.
Wrong sentence does not exclude liability for material defects
“According to new EU law, as a private seller, I have to point out that I cannot accept 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 the Internet must effectively exclude the so-called liability for material defects. The appropriate formulation for this is: “The sale takes place under exclusion of any liability for material defects.” This is pointed out by Stiftung Warentest , among others . Other formulations, however, would not provide any security. If a buyer complains, such a passage would then be ineffective.
Better to include the additional sentence
In addition to the appropriate formulation, the product testers also recommend the following addition: “The liability for damages due to injuries to health, body or life and grossly negligent and / or intentional violations of my duties as a seller remains unaffected.” The addition is particularly important for private sellers Occasionally offer something for sale on online classified ads markets or marketplaces.
Because if someone offers something three times with the same disclaimer clause, the wording also applies to private individuals as a general business condition, explain the product testers. And there are stricter requirements for general terms and conditions: the exclusion of liability for material defects is ineffective if the supplement to claims for damages is missing.
Do not give false information
What is also not clear to many private sellers when it comes to Internet sales: the item description must be correct. Weaknesses and defects 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 minor, inconspicuous defects, buyers are often more inclined to accept them.
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