I ordered a Nintendo Switch from Otto.de on account and have been waiting for the package for almost 2 weeks. I had already called Hermes and they said it had been handed in and asked me to give Otto a call. When I called there I was told by a very rude woman that I had to pay for it.
my question is whether this is legal or how I can proceed now.
Write Otto on Twitter and they'll reply very quickly
Did you have a shipment tracking? If so, what's the end of it?
That it was delivered
Not on account at first - but you have to prove (and you can probably do that too) that you did not receive the Switch. Hermes has to prove to whom the package was explicitly delivered, if it was not you.
I would also call Otto again, explain the situation and then take further steps.
In the worst case scenario, hire a lawyer.
Personally to you?
No. It just says that it was delivered
I have no evidence other than that I didn't receive it. So my proof would be that the package doesn't exist, right?
Then you have to be persistent with Hermes.
Is your signature on it? No? Then Hermes has to pay for it.
I didn't sign anything. Okay thanks then I'll be persistent