Can you sell things on Ebay even without a bill?
for example laptop
What about the manufacturer's warranty if the buyer does not get the bill?
If the device still has warranty but the bill is not part of the offer, I would be out.
Sure, that's allowed, you may have lost the bill. However, the buyer assumes the risk of not being able to assert claims in the event of a warranty claim and must also expect that the part has been stolen. That should then only be on sale at the Ramschpreis.
§ 433 BGB (Civil Code)
Contractual obligations in the purchase contract
(1) 1The purchase contract obliges the seller of a thing to hand over the thing to the buyer and to obtain the property of the thing. 2The seller must give the buyer the thing free of material and legal defects.
(2) The buyer is obliged to pay the seller the agreed purchase price and to accept the purchased item.
The purchase contract is concluded exclusively between you and the buyer!
The above mentioned duties do not change, whether you have an invoice or not.
Basically, although articles on which there's an invoice easier to sell, but if you want to use the remaining material defect liability, for example. Because the device is not yet 2 years old, should make sure that there's a so-called assignment contract! A short note in the purchase contract is sufficient.
Of course, if it is a device that has been bought in stationary stores and paid in cash, it is not possible to prove who bought the part.
For online purchases with a personal invoice, it looks quite different.
Although claims can be easily transferred during resale. But the dealer is initially only obliged to his contractor. Unfortunately, these provisions are not well known, so buyers often feel safe and are surprised when the manufacturer / seller rejects a material defect and the last seller has ruled out the defect as a private seller.
What should you consider as a seller?
Private sellers can exclude the legal material defect liability. This does not apply to defects that were already present when the goods were handed over. Only defects that have been clearly indicated are considered as contractually agreed quality. Even private sellers are obliged to make sure before the sale that the goods are suitable for normal use!
The exclusion of liability for defects relates only to defects occurring after the sale!
Good to know:
If no information is provided on the exclusion of liability, the statutory defect liability of 2 years also applies to private sellers.
Suggested wording:
"The purchased item is sold under exclusion of any material defect liability within the legal regulations"
Good to know:
In contrast to the statutory liability for defects, a warranty is a voluntary additional service of the seller.
Of course, what is voluntary does not have to be ruled out.
Therefore, always speak and write about material defect liability!
Of course you can try to find buyers without invoice and "manufacturer's guarantee".
Especially with identifiable devices, but hardly anyone would offer, if he neither proof of ownership (stolen goods?) Guaranteed manufacturer lack liability: stolen goods, and I would not only get rid of the thing like my purchase price, but would get a criminal complaint; a defect, and I would have auctioned worthless hazardous waste.
