EBay - Who's Right?

I had a Nintendo controller on eBay. I had uploaded 8 pictures and in the condition of the article I had marked used.
In the item description I had written "TOP condition".

Now the buyer has written to me that he is not satisfied because a controller stick is "worn out". It's just because it's used. He says the item description says "TOP condition", and that shouldn't be.

Who is right now? I also wrote used. And there were enough pictures to see that too.

How did the buyer pay?

By transfer?
Via PayPal Family & Friends?
Goods & services via PayPal?

The buyer is right.

If you write in the description that it is TOP condition, you can assume that it has no defects.

At most traces of use, but if the controller is defective, you should also report something like that.

The stick impairs the function, so it is not "top condition"
Only the optical condition can be seen in the pictures, so you should have described the defect.

The buyer is right.

It is not defective, just worn out

If it is used and has signs of use, it is not great! It is top without defects and without any signs of use. In fairness one could perhaps have written that into it. As a buyer, I would find that very careless and poop

It is not defective, it is used

Worn out is defective

Yes, but it's a usage track. You can write something like that in and then it is no longer in top condition because it affects the use

Used is FULLY functional and that is not the case with a worn out controller. So no great condition

In TOP condition, as a legal layman, I would assume that you used it briefly and then put it away. So almost like new and without any signs of use. But if in doubt you can of course turn to a lawyer. The only question is whether you want to inflict this stress on yourself. I would take it back and learn from it.

PayPal goods & services

Worn out is not defective.
You can still use the controller without any problems. The stick can only be moved very easily, it's just worn out.

Is just worn out.

… And that is in "top condition" for you, as you said yourself? 🤔

Self-reflection: If you buy something with a description in top condition, would that be okay for you?

It is NOT a great condition. Even if you don't want to admit it.

The buyer is right and will rightly report the damage via PayPal and get their money refunded.

You have not fulfilled the sales contract concluded on ebay.

https://dejure.org/gesetze/BGB/433.html

(1) 1The sales contract obliges the seller of an item to hand the item over to the buyer and to provide ownership of the item. 2 The seller must provide the buyer with the item free of material and legal defects.

The exhausted thing is just not top condition. There's a material defect here:

https://dejure.org/gesetze/BGB/434.html

From this, the buyer can sue you to have the device repaired or to deliver a device according to your offer.

This is how it is when young people have no idea about sales contracts and think ebay and PayPal are their playground. You use ebay and PayPal as a minor in breach of contract and to top it off, you sell damaged goods.

I've been 18 for a week…
I've already clarified that with the buyer.

Throat…