Guidance for private individuals on suchen.expert
If you are advertising on suchen.expert as a private individual, you are generally considered to be one if you:
1. From time to time sell items that you no longer need or want to replace with others.
2. Purchase items that are intended solely for your personal use or for use within your family.
In many jurisdictions, individuals who sell goods only sporadically and without commercial intent are not categorised as commercial sellers.
However, this does not mean that they are exempt from all legal obligations, especially when it comes to selling items.
It is crucial that the items offered on suchen.expert are actually your personal property and are not being sold as part of a business or commercial activity. While selling personal items is usually legally unobjectionable, there are still certain guidelines and limits.
Unlike commercial vendors, private individuals are typically exempt from many of the legal obligations that protect consumers, such as:
Detailed price information
Warranty claims
The obligation to provide a legal notice
Commercial sellers must follow stricter regulations to ensure that they provide transparent and accurate information and to ensure consumer protection.
Despite these differences, it is essential for private sellers to be aware of their rights and obligations. It is recommended that you familiarise yourself with the applicable laws and regulations to ensure that you do not face any legal difficulties when buying or selling goods on suchen.expert.
Important laws and regulations for private individuals in Germany
In Germany, specific rules and laws apply to private individuals who buy or sell goods or services. Here are some of the most important regulations with the corresponding paragraphs:
1. German Civil Code (BGB)
1.1 General contract provisions: Regulates the rights and obligations of private individuals in civil law, particularly with regard to contracts, ownership and liability.
1.2 Sales contract (Sections 433 ff. BGB): When selling goods, the buyer and seller conclude a sales contract that defines the basic obligations of both parties.
2. Liability for defects
2.1 Exclusion of warranty (Section 444 BGB): When selling used goods, private individuals can exclude the warranty. However, this must be expressly stated in the contract.
2.2 Fraudulent concealment of defects (Section 444 BGB): If the seller intentionally conceals a defect, they can still be held liable, even if the warranty has been excluded.
2.3 Buyer’s knowledge (Section 442 BGB): If the buyer is aware of the defect at the time of the contract, warranty claims are excluded.
3. Income Tax Act (EStG)
Private sales transactions (Section 23 EStG): Occasional private sales are generally tax-free. However, if an item is resold within 12 months of purchase and a profit of over €600 is made, this is considered a private sale transaction and is subject to tax.
4. Data protection
4.1 General Data Protection Regulation (GDPR): Regulates the protection of personal data within the EU.
4.2 Federal Data Protection Act (BDSG): National supplement to the GDPR in Germany.
4.3 Lawfulness of processing (Art. 6 GDPR): Personal data may only be processed under certain conditions.
5. Protection of minors
Protection of Minors Act (JuSchG): Regulates the protection of children and young people in public.
Sale of media with age restrictions (Sections 12 ff. JuSchG): When selling media or products with age restrictions, the relevant provisions must be observed.
6. Prohibited goods
6.1 Weapons Act (WaffG): Regulates the handling of weapons and prohibits the sale of certain types of weapons by private individuals.
6.2 Narcotics Act (BtMG): Prohibits the trade in drugs and other substances relevant to narcotics law.
6.3 Penal Code (StGB):
6.3.1 Theft (Section 242 of the German Penal Code (StGB)): Unlawful appropriation of another's property.
6.3.2 Receiving stolen goods (Section 259 of the German Penal Code (StGB)): Trading in stolen goods is a criminal offence.
7. Copyright
7.1 Copyright Act (UrhG): Protects works of literature, science and art.
7.2 Right of distribution (Section 17 of the Copyright Act (UrhG)): The right to distribute copies of a work lies with the author or rights holder.
7.3 Prohibition of unlawful reproduction (Sections 106 et seq. UrhG): The production and distribution of pirate copies is a criminal offence.
8. German Telemedia Act (TMG)
8.1 General information requirements (Section 5 TMG): If private individuals operate a personal website on which they offer goods or services, they must provide legal information.
8.2 Provider identification requirement (§ 5 TMG): Information about the person or company, address and contact details must be clearly visible.
Important note: This is only a general overview and does not cover all specific legal details. If you are unsure or have specific questions, it is advisable to consult a lawyer or tax advisor.
Conclusion
As a private seller on suchen.expert, you have fewer obligations than commercial sellers. However, it is still important to be aware of the applicable laws and regulations. A responsible approach to your rights and obligations will protect you from possible legal problems and contribute to a trustworthy platform for all users.
