Hi
I sold a gaming leptop with two flaws. Since I do not know how I can solve the problems I offered the laptop as defective although it works. Unfortunately, I have not written any return, the buyer wants the money back and if he does not want me ads and threatens with police. Do I have something to fear?
Unfortunately, I have not written in it any withdrawal
If SO had no effect anyway.
If you had a simple sentence:
"The sale is made under exclusion of material defect liability"
everything included. But nobody knows that or hardly anyone knows. This simple sentence is unique & covers current laws.
The buyer is apparently just as ignorant, otherwise he would know that there's no right of withdrawal in the private purchase / sale.
On the grounds that I have explicitly excluded any redemption
If that's really the buyer's reason… Then it's really absurd. You threatened in this case simply nothing as long as you did not conceal important things according to § 323 BGB or sold the laptop as something he is not.
I would very nicely point out to the buyer that you will acknowledge his empty threats, but otherwise he will not respond to his unnecessary "wish." VII. Still lovingly point out how the legal situation is & still wish a nice day.
You are not obliged to anything. A material defect (without which there's usually no redemption in a private purchase) presupposes that the item has a negative effect on the agreed quality. An article description in Ebay regularly meets the requirements of a quality agreement. From this point of view, it is harmless if the laptop hangs or does not work for other reasons.
As for a possible criminal complaint, it is the typical threat of an ignorant Ebay buyer. I see no fact realized here. In particular, a fraud is eliminated, because it is not clear to what extent the buyer should have suffered a financial loss.
I do not think you have anything to worry about.
You have a purchase agreement (§ 433 BGB) closed on a defective laptop. In order for the warranty rights to be effective, a material defect must first be present (§ 434 BGB). One could assume here that you have made a constitutional agreement - namely, that the laptop is defective, so it is not without limitations as a laptop to use. The buyer can hardly rely on a material defect, because it was agreed to deliver a defective laptop and he got a defective laptop.
Regardless of whether you have excluded the warranty or not, this probably does not intervene because the conditions are not met.
[In short, the widespread error that in a private purchase, the return / warranty is always excluded: This is not correct. For the warranty to be effectively excluded, this must be agreed between the parties. If nothing like this is agreed, the warranty is not excluded. Then the buyer can - if the conditions and not simply for no reason - also withdraw from the contract. It is true, however, that in a private purchase, the exclusion of the warranty is more likely than in a so-called consumer goods purchase, i. Between an entrepreneur and a consumer.]
Other possibilities of the buyer, here to detach from the contract and to reclaim his money, I do not see here. It is also a mistake that someone - without the prerequisites of the warranty rights - can easily solve the contract for no reason. Unless agreed, there's no general right of withdrawal. Such would have to be agreed between the parties. For example, many retail businesses (when buying in-store) give buyers such a (for example, 30-day) right of withdrawal. But they are not obliged to do that. And if they do not give anything, the customer can't ask to return the goods and get his money. This is only possible if there's a material defect.
So: The seller does not have to exclude the return. That is the legal rule. Only if there's a deviation from this rule (i.e., if a right of withdrawal is to be granted) is this to be agreed between the parties.
The threat with the police and an ad is also widespread and nothing more than hot air. The police do not care about civil disputes between citizens. A criminally relevant fraud is obviously not present here because the laptop was sold as defective. If the buyer really wants to get his money back, he would ultimately have to sue. He bears the cost risk; the chances for him are probably also rather bad to win the process. So do not worry.
You could write a short message to the buyer pointing out that there's no material defect, so the warranty right does not apply. A different right of withdrawal is out of the question, therefore there are no claims for repayment, which the buyer could assert successfully.
