Is it mandatory to take back items sold on Marktplaats?

Questioner

I sold a batch of children's clothing on Marktplaats. The clothing was in excellent condition, the price was low and I stated the sizes in my advertisement that were in the clothing (and they were correct). Eventually I made a purchase with someone and he has now received the clothes and the clothes now appear to be too small for his child. However, I have not lied or cheated in any way. He now wants me to take the clothes back but my opinion is that I am not a webshop and do not want to take/pay for the clothes back. In my opinion it is Marktplaats' risk. The gentleman has not made use of buyer protection. He wants a proper solution but I cannot offer him that: the purchase is done as far as I am concerned. I have advised him that he can put the items up for sale but his response is and remains: I am waiting for a suitable solution. I have communicated to the gentleman in question that I have acted in good faith and that I cannot offer him a solution. The gentleman keeps nagging and I want to put an end to this. What can I do; can the gentleman harm me? Am I obliged to take back the clothes? Do you have any advice for me? I am asking the question here because I am hard of hearing and cannot call the legal help desk and they do not have an option for chat or email. I hope you can help me.

Lawyer

Good afternoon, It is important to keep a copy of the advertisement stating that you have provided all relevant information. In principle, a purchase made via Marktplaats cannot simply be reversed. I assume that there are two private individuals. In that case, consumer protection does not apply. If you have provided all the information correctly, the buyer does not have a legal basis to hold you liable. Please feel free to email if you wish to discuss your case further. I also recommend that you seek legal assistance if the buyer takes legal action. In that case, you can of course contact us. Gr, Mr. S. Leito FerLei Legal 06-49175526

Questioner

Thank you Mr. Leito for your quick response. It is indeed about private-private. Unfortunately I was so stupid to remove the ads 😔 so I don't have a leg to stand on anymore. 'expensive' lesson....that won't happen to me again anytime soon. I will sit through this story with fear and trembling. Once again, thank you very much!! Have a nice weekend. Kind regards, Elly

Lawyer

Dear Elly, You certainly do not have to wait in fear for follow-up actions. If the buyer wishes to start legal action, it is up to him to come up with a substantiated claim. With all the correct information stated, I see no legal basis for the buyer to file a claim. Have a nice weekend. Gr, Mr. S. Leito FerLei Legal 06-49175526