No clauses: This excludes liability as a private seller

Private sellers online are happy to refer to “current” or “new” EU law in order to rule out returns or exchanges. But with such formulations they get no further in case of doubt.

Anyone who wants to exclude their own liability in the case of a private sale on the Internet often has a misunderstanding. Many believe that they can protect themselves against claims from dissatisfied buyers by using sophisticated formulations. However, only very specific clauses offer security, reports Stiftung Warentest.

The correct formulation if you do not want to be liable for defects when selling used items is: “I exclude any liability for material defects.” That is clear. And if you are not selling things for the first time, be sure to add: “Liability for damages due to injury to health, body or life and grossly negligent and/or intentional violations of my duties as a seller remains unrestricted.”

Just as wrong as the assumption that one has to refer to EU law for private sales clauses is the widespread view that private individuals as sellers on the Internet cannot assume any guarantee or warranty.

Private individuals have to vouch for their goods…

On the contrary: according to the law, they too must vouch for flawless goods, the product testers make it clear. And for sales since January 2022, liability for material defects has even become somewhat stricter due to a change in the law.

All of the information you provide must be correct. And if you don’t know, for example, whether a device for sale works at all or still works, you have to write it that way.

…but don’t exchange or take back anything per se

However, according to the experts, there is actually no fundamental right to exchange or return in the case of private sales. This applies regardless of whether something is sold privately “offline” at the flea market or in classified ads and on marketplaces on the Internet.

According to the information, an exclusion of liability for material defects in private sales is only possible if a different agreement on liability has been made. However, it is not important what the seller wants or is able to do, but what the seller offers and what the buyer actually agrees to.