Hello, my question is: If someone sells me a product on eBay classifieds, such as branded shoes, and claims that they are a brand that they are not, can I report that person for it? (For example, someone sells Nike sneakers, but they are counterfeit.) Furthermore, the ad doesn't include the warranty and return policy.
What do you say about that?
(2 votes)
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As a buyer, you can start from original goods. Classifieds prohibit the sale of brand counterfeiting in the AGB.
https://themes.sickanzeigen.de/hilfe/deine-anzeigen/fragedergrundsaetze/
Here I would enforce my rights from the closed purchase agreement civil law (Originalware supply or make corresponding monetary compensation)
If I have the impression that the seller is more often dealing with counterfeit goods, then of course I also provide criminal complaint.
An ad would appear to be most sensible if someone commercially trades with fake articles. In the case of private individuals, one should first prove that fake articles are deliberately sold here. Apart from criminal law, the buyer has rights in civil law. In such cases, buyers mayWarranty rightsAfter§ 437 BGBmake use of. That means: The buyer has a right to supply the original product to the seller as part of the so-called remediation. If the seller does not deliver, the buyer can withdraw from the purchase contract – and demand his purchase price back.
Thank you for the detailed explanation
Yes, because that would definitely be a deception or a fraud.
You can display everyone. Besides, that would be a fraud.
Yeah, that’s punishable. Because illegal.