I left my laptop unattended and unfortunately my 13 year old nephew made a proposal for a smartwatch and it was accepted. Private purchase without return.
I asked the seller to cancel the purchase because it was made by a minor, but still refuses and threatens me with a lawyer. What kind of consequence do I have to expect? What can I do?
It's about 80 euro plus 7.60 shipping.
The parents can object to the purchase because the boy is a minor. Then that's done.
However, one has to wonder how he did it. Does he know your passwords?
In my opinion you have bad cards because
a) you shouldn't have left your laptop unattended or had to back it up
and
b) At 13, your nephew is already partially legally competent and
c) How should the seller have known. He acted in good faith
The most you can do is hold your nephew accountable
My tip, pay 87.60, let this be a lesson for you, wrap the smartwatch nicely in Christmas paper and you will have one less worry in two months on the 24th.
Talk to your nephew that this was really no good. If he doesn't show understanding, talk to the parents about the fact that your nephew needs a little tutoring in mine and yours and worth of things and worth of money.
Otherwise "away with damage"! For 80 euro I wouldn't do the trouble with relatives (because that's what it comes down to) and the risk of losing a lawsuit.
If it was a one-off incident then you can plead the minority and the contract will not be effective.
Well, the minor did not buy something in his name, but for the questioner. You shouldn't be too quick to judge
You should clarify that on Ebay. You don't pay anything but expect that you will be banned for at least 1/2 year. At the end of the day you have violated your duty of supervision and a child is not allowed to bid. The youth counseling centers can help you but you have to expect an Ebay ban.
So did he bid with an account? Access data enabled? This is not allowed on Ebay. You must be of legal age.
Then the pocket money § 110 does not apply here either if the seller has to take back the things
