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'Private sale, no warranty', is that always true?

You bought something online and the seller stated 'private sale, no warranty', but they are obviously selling many items commercially? Then the warranty exclusion is often invalid: someone who is in truth a business cannot hide behind 'private'.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Assert your warranty rights

Your chances of getting your money back

Anyone who sells permanently and systematically (many items, new goods, regular sales) is legally a business, with all the duties: statutory warranty and, for online purchases, a 14-day right of withdrawal. A 'private sale' note changes nothing about this.
Indicators of commercial activity: many similar or new items, high sales figures, 'power seller' status, selling as a reseller. Then consumer protection applies.

What you should do now

  1. 1

    1. Gather indicators

    Save screenshots of the seller's profile: number and condition of items, sales figures, reviews, signs of commercial activity.

  2. 2

    2. Assert your rights

    Assert the warranty (or, for online purchases, the withdrawal) against the seller, despite the 'private sale' note.

  3. 3

    3. Set a deadline

    Demand cure or refund in writing with a deadline, and point out the actually commercial activity.

  4. 4

    4. Platform and buyer protection

    Additionally use the platform's buyer protection and reporting channels if the seller stonewalls.

Frequently asked questions

Does 'private sale, no warranty' always apply?

No. The exclusion applies only to genuine private sales. Anyone who is in truth acting commercially (many or new items, regular sales, power seller) is a business. Then warranty and, for online purchases, the right of withdrawal are mandatory, and the 'private' note is invalid.

How do I recognize a commercial seller?

By indicators such as a high number of similar or new items, many sales or reviews, a 'power seller' status, or the sale of typical resale goods. If such features apply, you can rely on consumer rights.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.