Problem with ebay classified buyers, legal issue?

The following facts. I sold a Nintendo 3Ds Xl on EBay Classifieds as a private individual.

Item description was the following:

"I'm offering a Nintendo 3DS XL in blue here, it was little used, the touchscreen and upper display were always used with screen protector.

The original power supply was purchased separately.

Included are 4 games (see photos)

Since private sale no warrant or return. "

everything was sold for 114 euro, which is quite a bit. Had it synonymous for the same price without selling games, but they have settled as a nice addition.

Now, however, the buyer has replacement Bzw. 10 euro for one of the 4 games required, as it is supposedly broken. Otherwise he would send it back to me, although I explicitly excluded the return and warranty in the description.

Do I have to replace the game or take everything back?

Since the buyer is right. You can't just sell broken goods, without pointing out.

Because it is supposed to be broken.

So, he can't prove it. I would not react and let him act. He wants a subsequent discount

But if he does not state it, it is not forbidden to my knowledge or forced, one may sell things and dub them with: not sure if function capable because not tested. Whether the buyer takes the risk is another thing. This is a one-time private sale

The games are not part of the contract, which he has enclosed.

He did not write anything like that…

"Nintendo is well, plus four games."

Every buyer can assume that the games work.

Item description was the following:

"I'm offering a Nintendo 3DS XL in blue here, it was little used, the touchscreen and upper display were always used with screen protector.

The original power supply was purchased separately.

Included are 4 games (see photos)

Since private sale no warrant or return. "

IF INTERESTED WHAT THE PURCHASER GOES OUT, it is objectively that nothing is said about the condition or functionality of the games in it. Point

Even if you sell something as a private person, it MUST be in the described state.

You have offered four working games, so they must work as well.

This has nothing to do with the exclusion of warranty.

If it actually did not work for him from the beginning, you have to at least pay for it.

Of course you are free to check that. But if he is right, this increases your costs, because then you have to take over the return shipment.

The shot can backfire ;-)

"WHO IS INTERESTED WHAT THE PURCHASER GOES OUT OF"

The law…

And that's why they MUST work. Point.

No, they do not have to, no false information was sold

For me, the games are an adjunct, and the text would be different

"I'm offering a Nintendo 3DS XL in blue here, it was little used, the touchscreen and upper display were always used with screen protector.

the sale refers exclusively to this Nintendo

https://www.gesetze-im-internet.de/...__433.html

"The sales contract obliges the seller of a thing to hand over the thing to the buyer and to obtain the property of the thing. The salesman has to procure the thing free of material and legal defects to the buyer."

"The original power supply was purchased separately.

Included are 4 games (see photos) "

So he would not have had to sell the power supply?

There are also people who buy a car because they need the windscreen wipers for their own car.

And if then the windshield wiper was not described as "defective", they are rightfully disappointed and may demand - even from a private seller - conversion, replacement or cancellation.

That's what I'm expecting

That may be - but it's still wrong.

This is NOTHING in the article description.

And if that were so easy, then soon everyone will sell four tires at a horrendous price and the rest of the car is just an encore.

Since private sale no warranty or redemption

No warranty means that you can't be held responsible for defects that occurred after purchase. To exclude the guarantee was meaningful.

However, writing a return is nonsense because there's no right of withdrawal. The withdrawal can even prove to be an own goal; more on that later.

With a used article the buyer does not have to assume that this is defective. Also used items may be considered intact, unless otherwise stated in the form of 'defective', 'not tested' or the like. As a source, I have found only the 'legal portal' of ebay on the fly, but they will not have gotten their hands on it:

If the seller has not described the article in more detail, the law governs the quality that can usually be expected of a product of the same type. This means that, as far as defects were not explicitly pointed out or the article was not expressly sold as defective, the buyer may expect a functioning and defect-free article.

Source (in the first gray box the last section): https://pages.ebay.de/rechtsportal/kaeufer_7.html

Had it synonymous for the same price without selling games, but they have settled as a nice addition.

But you do not have. The games are not a gift, but are part of the purchase contract. Due to the above, the buyer could expect to get intact games.

And now comes your nonsensical exclusion of the return into play: The seller has the right to ask you for rework. That means you have to give him an intact 4th game. He may keep the broken, because you have excluded the withdrawal.

Alternatively, he can get the game elsewhere and ask you to refund the purchase price.

No false information was sold

This is correct, but it was also sold in general no information, but a console and games.

It is wrong to assume that an advertised article does not have to work unless it is explicitly stated. How many times have you bought a DVD player in the electronics market, on which a sticker denounced: "This DVD player works!" Not so often? Strange… Why sell MediaMarkt and Co then always working things? Because if they do not write on it, it would - according to your legal opinion - yes not work. That would save a lot of money!

I will make an appointment tomorrow at the head office, have a tremendously good business idea ;-)

How many more do you want to tell you that your "views" are wrong?

What is sold, must work or be declared as defective.

If he wanted to give the games as an "independent encore", he would have had to write that as well.

In my opinion, there are differences between ebay and eBay classifieds.

No. On both platforms, purchase contracts are closed according to the BGB. Since the platform can't do anything about it ;-)