I have sold through Ebay Classifieds 2 Nintendo games for 50euro including insured shipping.
The buyer now claims the package arrived empty and I should send him back his money and clarify that with Hermes. I told him that I needed some info if the package was damaged or anything else. The buyer said the package was not damaged and as I have sent it and claims I had sent the box empty and he wants his money back otherwise he comes over personally and picks it up.
I told him that a damage report at Hermes brings nothing, if the box is not damaged and I have done everything right and can prove it. Suddenly the buyer thought the box was broken down below and I should now send him back his money and clarify this with Hermes…
Should I make this message? I think rather he got the games and the cardboard afterwards made himself broken and now wants money and games… That would be synonymous then fraud with Hermes, if I make this message or not?
Please write back to him that he should have checked the carton for damage on receipt. Since he has not done that, it is his "damage". You are not obligated to any compensation whatsoever. End of the discussion.
Your assumption that the buyer got the goods very well and now denies that, is very likely.
Vice versa.
You put him off to clarify the case with Hermes, ask the buyer to lift the outer carton until clarification.
The buyer will only refund the value if Hermes has paid you.
Remind the nice recipient that he carries the sole risk of transport, including loss and damage, so you do not transfer a single penny.
Explain to the recipient that he, too, has the right to claim damages from Hermes and not only the sender, but now he should think very carefully about what he is going to do next. If his story is not correct, the prosecutor may initiate a preliminary investigation into fraud.
Explain to the recipient that he also has the right to claim damages from Hermes
From where?
By that I mean, even if the parcel services are so keen to dispute it, from a legal point of view, the recipient may also make demands on the parcel service.
In this particular case, of course, the question of whether really is a damage.
Legally, the recipient may also make claims to the parcel service.
How does that work? The recipient has no contract with the parcel service.
To what extent do not understand in the term legally?
https://www.gesetze-im-internet.de/...__421.html
Completely ridiculous you will do now, if you want to tell me that the HGB would not apply to relationships between commercial and private individuals.
Completely ridiculous you will do now, if you want to tell me that the HGB would not apply to relationships between commercial and private individuals.
Really? I would? Okay then I leave the other one.
"These special regulations defined in the HGB apply to all who are https://www.microtech.de/erp-wiki/kaufmann in the sense of the Commercial Code"
https://www.microtech.de/erp-wiki/hgb-handelsgesetzbuch
