I bought a PS4 game (FSK 18) through eBay. The seller has been a private person.
Now it is however so that he had specified DHL package with presbyesis from 18 years - for 1.45 euro shipping costs.
My question: Should I have asked if he actually sent it as a DHL package, because the amount of shipping costs on normal postage indicates? I have relied on it going out as a package.
In the end, it was sent as a registered letter. On demand came the reasoning, the post office was advised to, because it was cheaper.
The problem is that the letter was lost. At some point, the eBay seller had blocked me, so I could not contact him directly. Post could not give me any information about the result of the investigation request. The seller had received a letter about it.
The eBay customer service mentioned the possibility to issue a dunning notice. I asked to contact the seller again at the threat.
And lo and behold: I finally got the result of the research request. Letter was not found anymore. The seller received 25 euro as compensation. And exactly this amount was also credited back to my PayPal account.
My problem is: I have paid much more. At 21.44 euro costs, I remain sitting. If it had been sent as a DHL package, a value would have been insured up to 500 euro.
Who is right now? I'm throwing the seller a breach of contract. He did not adhere to the specified shipping method. Or would I have to assume because he had asked for shipping only 1.45 euro that he actually intended to send the PS4 game as a normal letter?
I followed the shipping method given in the eBay ad and trusted it. Insured shipping was important to me. And the full value should be covered. He could of course also have 10 euro shipping costs. But then it would have been too expensive for me.
I think it would be fair if he would refund me the entire purchase price plus shipping costs. Then he would have effectively only 25 € for the game. But it was his risk to send it lower insured, just to deviate from the agreed shipping. Or am I wrong?
I intend to issue a reminder of the remaining amount. What do you guess?
The seller should have checked in advance if you are 18. This age check at DHL is a joke. The last thing I bought from the age of 18 was taken by my 9 year old daughter.
If that was an age test would cost 1.45 plus 5 euro or so.
If DHL Paket was agreed as a shipping method, then he had to send it exactly as well. Since he deviated from the agreed shipping, he is now liable for the loss.
The fact that the agreed price for shipping was below the agreed upon shipping actually, is for this completely irrelevant.
