I bought a used "WII U PRO CONTROLLER, BLACK, NEW" from a seller on Ebay. The illustration shows a cheap copy from another manufacturer, which according to Amazon is described as follows: https://www.amazon.de/...rect.html/
Since the controllers look very similar visually, but qualitatively make an extremely big difference, I would like to know whether I can have this refunded despite the following note in the seller's description. (PS: The information about the offered article has been given to the best of my knowledge and belief. I'm a private individual according to the German Civil Code and the General Terms and Conditions § 3 Paragraph 5 and hereby conclude the guarantee guarantee, as well as return and exchange, which is required under new EU law out.)
I only received it today and am more than dissatisfied with the product.
The price is only 20 euro, but it is clear that the seller tried to sell the controller as original by setting the description and the price at such a high level (relatively). I get the part after all for 20 euro in new condition on Amazon.
A high price is not prohibited. And he doesn't seem to have written explicitly that the thing is original, does it? Then you have bad cards.
A right of withdrawal only applies to a commercial dealer.
of course you can also report the private seller for fraud if he delivers something obviously wrong.
As a private seller, you are far from being free from fools!
Confusion is possible, but since the product description - at least by title - contains no misstatement and claims that it would be original accessories, and the pictures also seem to represent the actual product, there's nothing wrong with that.
The fact that the "like new" condition almost corresponds to a new price is not customer-friendly, but also not a ripoff. Especially since the used price for an original controller on eBay is at least 10 euro more expensive.
I don't know about the description, but the assumption one would have tried to sell the controller as "original", I don't consider it given at any point.