Mandatory refund purchase marketplace?

Questioner

Yesterday I sold two senior beds via Marktplaats and in the advertisement the size was shown incorrectly. I gave the size of the bed, 180 by 210 and not the exact size of the mattress. The buyer bought it for 400 euros and dismantled it with my husband and measured the length, but not the mattress size. When he got home he found out that their mattress size is 90 while the bed is 80 cm. He is now demanding the entire purchase price of 400 euros back. I called him and offered to deliver the existing mattresses, they are still as new. However, he does not want that and wants the money back. How can I solve this?

Lawyer

In a consumer-to-consumer purchase agreement, also known as a consumer agreement, the rules surrounding questions like these are often somewhat less strict than in a business-to-consumer purchase agreement. However, there are certain legal aspects that must be taken into account. First, the aspect of the duty of information on the part of the seller. In a consumer contract, it is in principle the responsibility of the seller to provide the buyer with the correct information about the product being sold. However, this duty is not as strict in a mutual consumer purchase as in a purchase between a company and a consumer. In a mutual consumer purchase, the seller is expected to provide important information about which he is or should be aware. When it comes to the size of the mattress, you could argue that this is an essential characteristic of the product, about which the seller should have informed the buyer. On the other hand, the buyer’s duty of investigation comes into play. According to Dutch law, the buyer has a certain duty of investigation, which means that the buyer is also responsible for ensuring that the product meets his or her requirements. When it comes to the size of a mattress, you could argue that this is something the buyer should have checked, for example by measuring the size or explicitly asking for the dimensions. Whether you are required to refund the money depends on the exact circumstances of the case. If you, as the seller, were acting in bad faith, or deliberately omitted necessary information, then you may be required to give the money back. On the other hand, if you, as the buyer, did not take the necessary steps to ensure that the mattress was the right size, then you may not be entitled to a refund. Ultimately, these types of disputes will have to be resolved in court, where the judge will assess all the facts and circumstances of the case. It is therefore advisable to hire a legal advisor or lawyer to help you with your case.