Labeling of Goods on eBay: “New: Other (see item description)” in Light of Current Jurisprudence
The presentation of item conditions on the online platform eBay repeatedly raises legal questions. In particular, the categorization of items as “New: Other (see item description)” is subject to judicial evaluation regarding the expectations of potential buyers. A recent judgment by the Munich District Court (Ruling of 18.09.2024, Az. 161 C 23096/23) sheds light on how this item description is legally classified and what implications arise for sales.
Terminology and Interpretation: Distinction from Unused New Goods
Classification of the Item Condition Description
If a product is listed for sale on eBay as “New: Other (see item description),” it generally does not imply the condition of brand-new, unused goods nor complete equivalence to such new merchandise. The Munich District Court clarifies that this designation rather indicates that the item is formally considered “new,” but exhibits deviations from the usual condition of new goods. These deviations can stem from missing original packaging, minor storage marks, or other peculiarities, which need to be further specified in the item description.
Significance of the Supplemental Item Description
For the evaluation of any potential defect, the specification contained in the item description is crucial. According to the aforementioned decision, it must be examined whether the specifically named characteristics and any deviations from the typical new goods condition were communicated clearly enough for the buyer. The description obligates the seller to complete transparency. Equally, the buyer must consider that in this item category, norm-deviant properties can regularly be expected.
Legal Classification and Impact on Defect Liability
Standard of Defect Liability
The Munich District Court emphasized that the contractually agreed condition – primarily defined by the item description – forms the primary standard of review for the question of defectiveness of a purchase item. If, for example, a device is offered as “New: Other” and it is indicated that it is unused but not in original packaging and may have transport-related cosmetic defects, this does not constitute a deviation from the contractually agreed condition and therefore does not establish a material defect within the meaning of § 434 BGB in the version valid until 2021 or § 434 BGB n.F.
Expectation of the Average Buyer
The judgment clarifies that buyers in this condition category should not expect to receive an unblemished brand-new product. However, the designation “New: Other (see item description)” does not release sellers from the obligation to specify all deviations as accurately as possible. Particularly, imprecise or beautifying descriptions may lead to warranty risks.
Significance for Market Participants
The precise and truthful description of an item’s condition is of central importance for companies and individuals engaged on eBay or similar platforms. The judgment underscores the importance of the substantive content of the respective item description and provides guidance on the expectations of the contracting parties.
Secondly, it should be noted that ongoing proceedings are always subject to the presumption of innocence as long as no legally binding court decision exists.
In conclusion, it can be stated that the appropriate and legally secure formulation of item descriptions, especially in the IT segment, presents numerous challenges. For companies, investors, and affluent individuals, it is therefore advisable to seek expert support for further questions in the field of online platforms and future contract law. Further information on individual legal questions related to IT transactions and further consultancy options can be found under Legal Advice in IT Law.
