Ebay Ware supposedly defect, what to do?
I have offered a PS4 on Ebay. The auction ended on Sunday. The seller answered quickly and the transfer arrived the next day. Since I had time on Monday, I also sent it around 17:30. (Dhl branch store)
From there it went the same day in the start parcel center and stayed there for 1 day. Until it was sent on Wednesday night. On just this Wednesday, the buyer announced a buyback because he had found a cheaper deal. I rejected this, because that is no reason for me. Today the parcel arrived at 11 o'clock. 2 hours later came a message from him that the PS4 is allegedly broken. (What a coincidence). The PS4 I tested extensively before (1h played and watched an hour series). After that, I initialized it. Back up and it was just the default user on it. Even after that I downloaded Youtube again and tried everything. Let cool and pack (lots of paper (what Amazon also uses), Large package and Styrofoam), the Ps4 was at no corner in contact with the package and well muffled. My ebay account has existed since 2003 and 100% satisfaction, so far this has not happened. (Shipping was the 7.49 euro package) Paid by bank transfer, buyer sits in DE and had good reviews, but writes very bad German, which should not be an insult.
What rights do I have now? Do I have to take the console again? Is even DHL liable? Or the buyer just bad luck, paragraphs would be nice to me.
Unfortunately, the cases accumulate, where the buyer afterwards arbitrarily reprimands deficiencies. But in private sale there's no warranty. He would have to prove to DIR that you actually sent a broken console.
Normally, I would say the buyer is unlucky in this case, if he tells the truth and it is really broken. With the delivery of the (well packaged) package at the sender your task is fulfilled.
That's on ebay
https://www.ebay.de/...536/g.html
this is in the mentioned paragraph
Section 447 Passing of risk in the case of consignment purchase
(1) If the seller, at the request of the buyer, sends the item sold to a place other than the place of performance, the risk shall pass to the buyer as soon as the seller presents the item to the forwarder, carrier or other person responsible for carrying out the shipment or Anstalt has delivered.
(2) If the buyer has issued a special instruction on the nature of the shipment and deviates the seller without good reason from the instruction, the seller is the buyer for the resulting damage.
Anke for the quick answer.
Thank you so much.
