Broken after 5 uses and the seller just ignores it | Members help members

2014deumaro · 2026-04-07T20:31:53.739000Z

Hello everyone, I wanted to ask how you would assess this case. I bought a mug from a commercial eBay seller: Item: DC COMICS - Mug - 460 ml - Batman the dark knight - boxOrder number: 27-14156-72356Seller: The mug broke after only a few uses. The roughly fifth time I made tea/coffee, it cracked from top to bottom along the handle. I asked the seller whether I could get a replacement mug. The seller رفضed this on the grounds that the mug had already been used for a few weeks, there had been no defect upon delivery, and a later crack could also have been caused by use or temperature fluctuations. I then submitted a return request through eBay. At first I was confirmed that the request had been received, but later the return was closed. What puzzles me about this: As far as I understand the legal situation, in a consumer purchase in Germany within the first year after handover, there is basically a presumption that any defect occurring during that period was already present at the time of handover. That’s why I’m wondering whether the blanket rejection here was even correct. In my opinion, a mug should not crack along the handle after just a few uses under normal use. How would you assess this?Have you had similar experiences with eBay returns or warranty cases?And is there any sensible way to proceed here? Thanks.

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Broken after 5 uses and the seller just ignores it | Members help members | eBay Germany