Problems with private-to-private purchases

The market for second-hand goods in Austria is growing rapidly and has long since left its niche existence behind. According to the latest "Consumer Check" by the Austrian Trade Association, 73% of Austrians already buy second-hand goods, spending an average of €211 per year. This trend is set to continue, with more than a third of those surveyed planning to buy second-hand goods even more frequently in future. In addition to financial savings, the main motives are the desire for sustainability and to keep products in circulation for longer. Clothing, books and toys are particularly popular. Online platforms play a central role in this: over half of consumers use portals such as the Austrian market leader Willhaben or the Lithuanian platform Vinted to purchase or sell goods themselves.

As attractive as buying from private individuals often is, legally it differs fundamentally from shopping with professional online retailers. Many EU consumer protection rights are designed for B2C (business-to-consumer) transactions and do not apply here:

• No right of withdrawal: When purchasing from a private individual (consumer-to-consumer, or C2C for short), there is no statutory 14-day right of withdrawal. If the jumper does not fit or you do not like the colour, you are dependent on the goodwill of the seller.
• Exclusion of warranty: While companies are liable for defects, private sellers may explicitly exclude the warranty ("The sale is made without any warranty"). If this is noted in the offer text, you are often left empty-handed in the event of defects, unless the seller has fraudulently concealed the defect.
• Platform protection is not a legal requirement: The "buyer protection" offered by platforms for a fee is usually a contractual service provided by the companies and not a legal entitlement.

To ensure that your bargain does not turn into disappointment, please check the following points before confirming your order (concluding the contract):

• Seller profile: Take a look at the reviews. Are there many negative comments, or is the profile brand new and offering expensive branded goods at unrealistically low prices?
• Communication: Always use the platform's chat system for discussions. Fraudsters often try to lure you onto WhatsApp or email in order to circumvent control mechanisms.
• Check photos: Use Google Image Search (Reverse Image Search) to check whether the photos of the goods have been stolen from the internet.
• Secure payment: Use the platform's payment systems or services such as PayPal (select the "Goods and Services" option). Never transfer money to strangers via "Friends & Family" or bank transfer – in the event of fraud, the money is usually lost. Credit cards are also a better payment method due to the possibility of chargebacks.
• Shipping: For higher-value items, always insist on insured shipping with tracking.

As the European Consumer Centre (ECC), we receive many complaints about problems on online marketplaces. It is important to make a clear distinction here, as according to our statutes, we are only responsible for cross-border complaints against companies.

For the most common platforms, this means:

• Willhaben: As the sellers usually live in Austria and the platform itself is based in Austria, there is no cross-border connection here. We do not have a mandate for purely national cases and contracts between private individuals. However, you can contact the national advisory service of the VKI.
• Vinted, eBay Classifieds, Momox  - Here, one must distinguish between:
  • We are not responsible for conflicts that only concern the purchase agreement between two private individuals (e.g. "I don't like the goods" or "Private seller is not shipping"), as these are disputes between private individuals (a C2C contractual relationship).
  • However, we may be responsible if the claim is directed directly against the platform, as it is based in another EU country. (For example, Vinted in Lithuania, Momox and Ebay Kleinanzeigen both in Germany) This is the case, for example, if the platform fails to fulfil its own due diligence obligations. For example, the platform has not removed reported fraudulent offers or has unjustifiably denied you the contractually guaranteed buyer protection.

If problems arise with a purely C2C purchase (private to private, e.g. on Willhaben), in which the EVZ is not permitted to intervene, we refer you to the appropriate legal channels. To clarify in advance whether legal action is worthwhile, we recommend the free initial legal advice regularly offered by the Austrian Bar Association.