Hello everyone.
I'm a student from NRW, I've just been to a friend's birthday party, which is why I'm writing now at 1am. (It's still semester break.) The topic wouldn't let me sleep now. My neighbors gave me a children's smartwatch a few days ago because their daughter didn't want it (blue band). I didn't need this watch and was therefore considering selling it for a relatively low price (60€, sold for 55€ via Paypal). On request, I sent photos of the charging cable afterwards, as I didn't have this on my screen at first (it was at the bottom of the box). Now a few days later (12.9, arrived on 4.9 or 5.9), I get the message that the watch is not working.
I'm very shocked about it right now, but I also have to say that I haven't tested it. The charging cable was still packed, everything was untouched. I'm good with my neighbors too, which is why I don't think they would intentionally want to give me something broken. I personally only know "private sale, no returns". What do I do now?
by xFIRE-DEVILx
1 comment
It’s a bit tricky. If you didn’t exclude Gewährleistung you would be required to provide it. If you did you still can’t sell a defective product as new. The question is when it became defective. You could argue it worked when you sent it and provided you packaged it appropriately the buyer would have to prove the opposite which is difficult to do.