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Return policy for B-grade goods

Dear Sir or Madam,

I import goods from abroad which I then sell through various distribution channels. Recently, I received articles (home textiles such as cushion covers, etc., approximately 15,000 pieces) that were not completely processed cleanly, meaning that some of the items have seam defects that are visible, although nothing too severe, but also not top-quality goods. The manufacturer has reduced the price for these items to a minimum so that I did not have to return them.

As we have a well-visited account on the eBay platform, I would like to sell these items as B-grade goods. This raises two questions for me:

1. Can a customer leave a negative review because the item has small seam defects, even though we clearly advertise the items as B-grade and sell them at a very low price?

2. What about the return policy? Is there a way to waive the right to return for such items?

I would like to clarify these points before selling to prevent the risk of negative reviews and to properly calculate my prices.

Bernhard Müller

Dear inquirer,

The 14-day right of withdrawal and return for distance contracts (§ 312d BGB) cannot be excluded even for B goods. It is best to inform on your account platform why you are selling the goods as B goods. A negative rating from the buyer should not be justified, but reviews on eBay are not always objective. Therefore, it cannot be ruled out that individual buyers may give a negative rating even if it is not justified. However, this problem is not unique to B goods.

Best regards,

Bernhard Müller Attorney at Law

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Experte für Internet and computer law

Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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