I have bought on ebay classified ad with a mobile phone. In the description was clearly Huawei P20. However, there were also pictures of the phone, which showed the Huawei P20 lite. Since these two phones, however, look very similar, I did not notice that. When the phone arrived, I now realized that I held the Huawei P20 lite in my hand. However, the seller now refuses to reduce the price or take back the phone. My question is, who is right now. Short summary again: Description of the phone is wrong, but the right images are on ebay to see (but very similar to the phone what the description is).
When PayPal payment, you should log into your PayPal account and there open a case for a different article, which goes up to 180 days after purchase and only if you have not opened a case on eBay: http://www.paypal.com/...laint-view
And when paying by bank transfer eBay is well known out there you have to help yourself then.
http://pages.ebay.de/help/buy/item-not-received.html#not-as-described
http://pages.ebay.de/rechtsportal/kaeufer_7.html
https://archive.is/LawGq
http://dejure.org/gesetze/BGB/437.html
Thank you for your prompt reply. Unfortunately, I have the normal money transferred, so I only have the opportunity to clarify it in court. Since this can be very expensive, I want to know the opinion of others who are more right.
I'll do it shortly, because it's late. You are here (materially) in the right. If you have more questions, ask.
I want to know the opinion of others, who is more right.
This shoe will attract no serious member here, also bring you opinions from a lay forum not further.
If you want to have a sound legal advice, then you will not get around an initial consultation with a lawyer.
That's probably the next step I'm going to take. However, I just wanted to hear some opinions from other people. Nevertheless many thanks.
Well, an auction and the description does not fit. That is already clear. In any case, one could challenge and thus the contract would be void. The money would have to go back.
I've looked at the pictures of both versions, that no one does not see when heading and description describe something else.
This is a classic case of Section 119 (2) BGB; Whether "lite" or not is an essential feature.
Thanks for the answer
You can challenge here. In principle you have already done that, § 119 Abs. 2 BGB.
Thus, the purchase contract is void and you can reclaim the money. Whether this works so smoothly is something else.
Thank you, I've just read through the paragraph, think the situation describes quite well. Had first thought of § 344 (3).
Well, that would be another alternative. One that I would not choose now. This would then go to the reduction. Can you do that if you want to keep the phone anyway. The § 119 BGB would now be thought to unilaterally terminate the contract.
Of course, you can also go over §§ 437, 441 BGB, that would be the reduction.
Perfect thanks for the detailed answer. Since I really do not intend to keep the cell phone, I will probably prefer the first variant.
It is in ebay classifieds.
Sorry I do not understand what you mean
This related to the answer of NoName08154711, who wrote of ebay, whose help pages and case open. The Everything is not on ebay classifieds.
Since someone has ripped you nice. The P20 is better and more expensive than the Lite version. Write to him, return or pay difference. That's cheating.
The description clearly has more weight here than the picture. Especially if it is difficult to distinguish anyway.
I would neither reduce the price nor return the phone: The seller is here in the obligation to deliver the tendered cell phone. And at the price he has offered. Since he will probably start a sweat…
