At the beginning of the month, I bought a Nintendo Switch on eBay classifieds, paid PayPal buyer protection → Goods were shipped immediately with DHL + insured shipment number.
For the first time the package was misdirected, then it was supposed to be delivered on Saturday, but it was not stated until 5 p.m. That it had arrived or anything.
At around 8 pm it was then online that the package had been delivered, signed with the name "Mailbox" (not my name coincidentally).
After a long wait, I called DHL, they told me that the package had been misdirected and that it would be picked up there and brought to me. Then I thought so well then that's how it is… The main thing is that it matters. After it was supposed to be "Monday-Tuesday" with me, I called DHL again on Wednesday or Thursday, they told me that they didn't know about it and that they would take care of it with a "case" → 1 week later I called again, then I was told there was never a case recorded about my package and a case was supposedly opened. About 1 week later I asked again at dhl and there was no result "the case was closed because nothing was found" then I thought to myself. Last chance PayPal buyer protection. Submitted → lost because there's a tracking number.
Called DHL again… Wanted to have the superior give me because I was tired of hearing a new lie, then I was simply pushed away. So I called again when I said "hello, I would like to speak to your manager" I got a very bold 5x I'm your contact person and no one else.
Then I decided to talk to the guy, he told me that the seller had to submit a follow-up order and that I, as the buyer, couldn't do that…
So I wrote the seller but no answer until today!
I phoned Paypal degrees, I was told there's a page where such topics (lost packages) are dealt with, and there have probably been successes.
now to my question about the novel. Do you have any ideas what I can do? The whole is a value of 290 euro
I'm grateful for every answer, please save yourselves unnecessary comments, in my opinion I'm not to blame!
https://pages.ebay.de/rechtsportal/kaeufer_5.html
Legally, it's probably your problem.
Of course you can try to claim something from the seller under civil law, because he may not know that he does not bear the shipping risk.
As a recipient, you can't do anything, the information was correct. The sender must submit a tracking request.
Unfortunately, I don't know how it looks with PayPal, the seller has given a tracking number and the problem lies with DHL. If the seller refuses or does not answer, you can ask Paypal what they do in such a case.
But maybe try on the friendly tour with the seller. He's definitely in a bad mood anyway, because you just wanted to claim the money back without his being able to help.
Delivered to the mailbox means it is / should be in your mailbox. That's what it's called. It's stupid that it should never be big enough for it in life.
That means informing the shipper and asking for an investigation. Only he can create it. Send him the dimensions of the mailbox slot.
The seller only bears the shipping risk if the shipment was insured. If I sell something uninsured, I always explicitly exclude my liability in the description. However, since this is an insured package, the seller bears the risk. The questioner can of course take civil action against the seller, whatever DHL says or not, that is not the buyer's problem. The obligation to hand over from the sales contract, which from a legal point of view consists of two legal transactions - the disposition and the obligation transaction, is part of the seller's contractual obligations. This can be claimed without any ifs or buts. The seller can, in turn, get the loss value of the goods back from DHL for an insured package up to a certain liability limit. But that's a different pair of shoes and would be a separate seller-DHL process.
Since there's tracking here, it is a package. That's insured.
Then the seller is unlucky, it's that simple. The buyer has a right to get this item.
Have to submit a tracking order and I, as a buyer, can't…
Yes you can. Try it here:
https://www.dhl.de/de/privatkunden/hilfe-kundenservice/sendungsverfolgung/nachforschungsauftrag.html
Then the seller is unlucky, it's that simple. The buyer has a right to get this item.
You know the § 447 BGB?
http://dejure.org/gesetze/BGB/447.html
The seller is out as soon as he has verifiably handed over the shipment to the shipping service provider, it's that simple.
Okay, that is the case with a normal sale (trade to trade), I knew that. But I somehow thought that this would be different in a pure business between two private individuals. This §447 BGB then means that the buyer has no claim to the goods because the seller has demonstrably handed over to the service provider? Then I guess I was wrong
According to Section 474, Paragraph 2 of the German Civil Code, Section 447 of the German Civil Code, which regulates the transfer of risk in the case of a sale by mail to a private purchase, does not apply to the sale of consumer goods. This means that the seller has only fulfilled his obligation to perform when the goods are handed over to the buyer.
I was right apparently, that's what my gut feeling told me. That means, if one of the persons is a legal person and a consumer is involved, then we speak of a consumer goods purchase.
No, § 447 states that the buyer bears the shipping and loss risk as soon as the seller has demonstrably handed over the goods to the shipping service provider.
However, this only applies to private-to-private sales; When selling businesses to private customers, the dealer always bears the shipping and loss risk.
I didn't try to say anything else. I was assuming it was going to be a BtoC business. Then the seller would not be out before the goods reach the customer.
It was clear from the beginning that it was a pure C2C sale, that is already in the first line: "… A Nintendo Switch bought on eBay classifieds…", how on earth do you get on a B2C -Sale?
I honestly do not know. I probably haven't read the classifieds. Because there are also commercial sellers on ebay itself
According to § 447, the buyer bears the shipping risk. The seller has fulfilled his part of the contract with the proof of delivery to the transport company.
