I sold my old Xbox for 50 euro (actually wanted 65) on Facebook.
To the history:
I drove to my parents (half an hour drive) where the Xbox was to reset it to the factory settings because he wanted to get it immediately and not a day later where I would have been there anyway.
I left the Xbox on the television so that he could try it out if necessary. Everything worked before & after I formatted them.
So far OK. He said he'll come over immediately. After 2 hours I asked where he was staying and he said he couldn't find the house. I'm supposed to go where he is right now (sent me a photo of an inn with no address and nothing). Then he said he will be driven to me. Then he said forever later that he is now at the fairground I should come there.
So I packed the thing up and went there. Get 50 euro. All good.
Now he wrote to me today that it was broken, he wants to give it back.
When I asked what was broken, he said "network" after several inquiries from me it came out that the Xbox probably does not connect to his Wi-Fi. Since it was still connected to my Wi-Fi yesterday, it can definitely not be due to the Xbox.
Since he didn't manage to use Google yesterday to find my house and asked before buying whether you can download games on the xbox, etc. I assume that he simply has absolutely no idea about the thing (probably for his son) and it's just too stupid to connect it to his Wi-Fi. But I can't help it?
Since he unfortunately has the address of my parents, he now writes he goes there and gives it back and I should give him the money back because he no longer wants it.
But since it definitely worked flawlessly during the handover (and most likely still works flawlessly) I don't want to take it back because I already had enough stress about him yesterday.
And he had the chance to try it BEFORE buying it, but didn't do so, so I'm right, right?
I was already at my parents' place this morning and have no plans to go there again or to him in the next 2 weeks (which he is now asking)
After all, I played delivery service for him yesterday.
If he had at least asked nice and friendly, okay, but he is really rude and unfriendly and I don't see that.
Can he do anything for me?
Doesn't that mean bought as seen or not?
Private sale → bought as seen, so everything is ok.
I was already at my parents' place this morning and have no plans to go there again or to him in the next 2 weeks (which he is now asking)
After all, I played delivery service for him yesterday.
If he had at least asked in a nice and friendly way, okay, but he is really rude and unfriendly and I don't see that.
Can he do anything for me?
.
Yes, he can continue to harass you as far as you allow.
Draw a line.
The goods wr o.k.
it was tested by you
His network problems are his, he should solve them himself
He may want you to go to him again and again, but you don't have to fulfill it.
Ready
A product is not defective just because it can't handle it.
Private sale → bought as seen
In the case of a private sale, there's no statutory right of return as is known from companies. Nevertheless, the seller is liable for material defects and for legal defects of the purchased item (§§434,435 BGB). Since the purchased item was nevertheless proven to be flawless in use, the burden of proof lies with the buyer and thus a return is more of a goodwill matter of the seller.
A tip for the future and to everyone. The sentence "Bought as seen" is not an exclusion of warranty (OLG Oldenburg, ruling V. 28.08.2017 - 9 U 29/17).
If you want to have a warranty disclaimer, you should use the words "bought as viewed with the exclusion of any warranty".
That's why I only sell to people who collect them myself. Clarify everything else by phone and do not answer any emails / chats!
You have two options: take back the box and refund the money and explain to him that he is too stupid for such a device. Or you refer him to the legal process with an unclear outcome for both sides.
Why?
Because it's not true.
Your message is very instructive.
I would comment on them with nonsense.
What you are doing, obviously devoid of any knowledge, is irrelevant.
