Liability, revocation and terms and conditions: What you need to know about eBay classifieds
- By sennenqshop/li>
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- 02/10/2022
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Part I: What buyers need to know about eBay Classifieds » How it differs from eBay's auction platform » How do I enter into a contract as a buyer? » What rights and obligations do I have as a buyer? » Fraud on eBay Classifieds » If the goods do not arrive
Part II: eBay Classifieds for Sellers
» Are only private sellers allowed to place ads on eBay classifieds? » Does eBay classifieds have a right of withdrawal? » Cancellation policy for eBay classifieds » Terms and conditions for eBay classifieds » Imprint obligation on eBay classifieds » Exclusion of warranty and liability for defects on eBay classifieds
I What buyers need to know about eBay Classifieds
Difference to eBay's auction platform
Unlike its "big brother", the classifieds market is actually focused on a local audience and on contracts between private individuals. As the name suggests, eBay classifieds is not a "real" sales platform, but competes with local advertising journals. The personal contact or handover of goods between buyer and seller is often in the foreground during processing.
AdvertisementHow do I conclude a contract as a buyer?
In contrast to the general terms and conditions for the eBay marketplace, the “General Terms of Use for eBay Classifieds” do not contain any statements about how a contract is formed comes. eBay Classifieds is an advertising portal. If you conclude a contract with a seller, the conclusion of the contract is based either on the general terms and conditions of the seller or on the general provisions of the GBG on the conclusion of the contract.
This means if you call or email a seller "I would like to have bought the bike for the price quoted" and the seller says "OK", then you have entered into a valid contract.
eRecht24 tip: General terms and conditions and revocation texts for eBay classifieds. Legally examined & Always up to date. Find out nowWhat rights and obligations do I have as a buyer?
Even with contracts concluded via eBay classifieds, you as a buyer have the statutory warranty rights. If the bike is defective and the seller has not pointed this out, you can assert your rights based on defects. The law speaks of new delivery, repair, conversion, reduction or compensation.
But be careful: If it is a private seller, the seller can exclude the warranty.
Of course, as a buyer, you also have obligations: you have to pay for the goods and accept them.
Fraud on eBay classifieds
Fraud on eBay classifieds is unfortunately a common topic. In contrast to the eBay marketplace, it is hardly possible for eBay to monitor the seller, since nothing is sold on the site itself, it is just an advertisement site. After all, even with classified ads in a newspaper, the newspaper publisher cannot check whether an ad is placed by a reputable provider.
However, eBay often reacts very quickly when fraudulent listings are reported and deletes these listings.
The advance payment trick
The most common trick used by fraudsters is to demand advance payment from the buyer. Once the goods have been paid for, the seller can often no longer be found and does not deliver. If the money is gone and you, the buyer, don't even have a full name or address of the seller, it will be difficult to receive the goods or get the money back.
Important tips to avoid fraud on eBay classifieds:
Shipping and risk of loss in private sales
Usually, when selling on the platform, the item sold is handed over personally item come. Only with this handover does the risk of deterioration of the item pass to the buyer.
However, if the buyer requests that the seller ship the item, the shipping risk passes to the buyer as soon as the item is handed over to the delivery service.
If, however, there is a purchase of consumer goods (the seller is an entrepreneur) within the meaning of Section 474 (1) BGB, the risk of loss in the case of a mail order sale only passes to the buyer when he finally receives the goods from the postman.
Shipping costs on eBay classifieds
The question often arises as to who actually has to bear the shipping costs on eBay classifieds. Answer: It depends on what has been agreed between buyer and seller. Unlike the eBay platform, eBay classified ads are not about directly concluding a contract. This is about advertisements in the vicinity and – usually at least – the personal collection of the goods. You go there, look at it, pay for it and take it with you.
If the seller ships the goods at the request of the buyer, the buyer must then also bear the cost of shipping. At least unless otherwise agreed.
II. eBay classifieds for sellers
Can only private sellers place ebay classifieds?
No, commercial traders can also use eBay classifieds. Even if the business is private to private in the foreground, commercial providers are not prohibited from posting advertisements. It is important that entrepreneurs must then also comply with the statutory warranty rights and must grant the buyer a right of withdrawal.
Is there a right of withdrawal on eBay classifieds?
For consumers, the question of whether they can also have a right of withdrawal on the "eBay classifieds" platform is particularly interesting. On the one hand, it must be a contract between an entrepreneur and a consumer. The quality of an "entrepreneur" or commercial trader is not to be decided on the basis of rigid limits, but always on the basis of the individual case, in particular whether the trader regularly sells new goods, makes a certain number of sales in a short time or otherwise according to plan and permanently offers larger quantities of goods.
For the right of withdrawal, however, a "distance contract" must exist. With eBay classifieds, you cannot conclude a contract directly with a mouse click, as is the case on the eBay sales platform. A distance contract also exists if the "contract initiation" takes place online. This is almost always the case with eBay classifieds. eBay itself also assumes in the statements on "Special obligations for commercial providers" that a distance contract exists if the contract is then concluded by e-mail, telephone or fax. Commercial providers must then include a cancellation policy.
Even if the contract concluded via eBay classifieds is processed in Berlin, Hamburg, Munich or Cologne, in most cases there will be a distance contract. It is sufficient if the "contract initiation" takes place online.
Cancellation policy for eBay classifieds
If you appear as a commercial seller on eBay classifieds and it is - as in most cases - a distance contract, you must offer the user a current cancellation policy. In addition, there is also the revocation form that has been required by law since June 2014.
Important: Make sure you are using an up-to-date instruction. New legal regulations have been in force here since June 2014.
Terms and conditions and revocation texts for eBay classifieds. Legally examined & always up to date.
Terms and conditions for eBay classifieds
Bay classifieds' own terms and conditions are almost more important than on the eBay marketplace. Background: for the marketplace, eBay itself has extensively regulated how a contract is concluded for the various formats. With eBay classifieds, however, eBay largely stays out of it. As a seller, you determine how, when and under what conditions a contract is concluded.
If you have not regulated these points in the general terms and conditions, disputes and legal disputes with the buyer will almost inevitably arise later.
Who bears the shipping costs?
Professional sellers should clearly regulate this point - usually in the terms and conditions for eBay classifieds. Otherwise you are arguing with every 2nd customer about whether they have to reimburse you for the 2.60 postage or whether you are left with these costs.
Imprint obligation on eBay classified ads
The Telemedia Act requires providers of commercial telemedia, i.e. in particular commercial dealers, to provide certain information in their classified ads. In addition to the name, the summonable address and a possibility of electronic contact (e.g. telephone, fax, e-mail), you must, among other things, state the commercial register and the corresponding register number as well as your sales tax identification number, if available.
Warranty and liability for defects on eBay classifieds
Exclusion of warranty between private individuals is permitted
Even in contracts between private individuals, the buyer is initially entitled to all warranty rights if the item sold is defective. The buyer then has various rights, for example to subsequent performance, withdrawal and reduction and finally compensation. However, private sellers can exclude the warranty rights on eBay classifieds - as well as on eBay's auction platform. This is permitted between private contractual partners. However, only if the seller has not fraudulently concealed defects in the goods or has assumed a guarantee for the condition of the item. Even when selling private to private, the exclusion of warranty does not apply automatically. The seller must clearly indicate that this is a private sale with no warranty.
Businesses cannot exclude the warranty
If you sell "commercial" you cannot exclude the warranty. Even with eBay classifieds, it doesn't matter whether you as a buyer think or claim that you're "on the go privately". It depends on the actual circumstances. So if you regularly offer new goods on eBay classifieds and trade on a larger scale, you are automatically considered an entrepreneur. If you are "commercially on the move" on eBay classifieds, this means: 1. You need current cancellation policy + terms and conditions 2. You cannot exclude the customer's warranty rights 3. You have to pay tax on your profit.
Important:
1. A disclaimer on eBay classifieds only applies to private-to-private sales.2. If you sell classified ads "commercially" on eBay, you cannot exclude liability.Submit eBay classifieds correctly - content and guaranteed properties
It is therefore important that you exclude the warranty as far as possible when placing eBay classifieds as a private seller.
You also have to be careful with certain properties that you promise in the description. For example, if you offer a car and write "ready to drive", then the car must drive. A disclaimer of warranty is of no use to you in this case.
If you are a "commercial" classified ad, be aware of:
Of course, the description of the items, goods or services also plays a role here. As an entrepreneur, what you have written in the text applies. Many sellers write, for example: "The vehicle is ready to drive" and then try to use formulations like
...The description of the vehicle on the Internet is for general purposes only and does not constitute a guaranteed property/warranty in terms of commercial law...
to row back again. But neither is possible. If you as a seller provide certain information about your goods, then this information also applies. It doesn't help to relativize these descriptions with a pasuchal statement like "... no guaranteed property...".
Conclusion:
Private sellers should ensure that they effectively exclude the warranty.
Anyone who is commercially on eBay classifieds should make sure that the guarantee cannot be excluded. As a seller, you must offer the customer a cancellation policy and should use your own terms and conditions.
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