Locked
Antworten können hier nur von erfahrenen Mentor*innen sowie der Person verfasst werden, die die Frage gestellt hat.
Legal misjudgment by eBay customer service in a private sale with damage to DHL during transit through no fault of my own
Summary: randy-magic reports a conflict with eBay after a coin case was damaged during shipping by DHL, without the coin collection itself being affected. Although the buyer reported the case as damaged, randy-magic maintains that under German law the transport and shipping risk lies with the buyer once it has been handed over to DHL. eBay customer service nevertheless approved a return, which randy-magic sees as unlawful. Other participants point to the relevance of eBay buyer protection and discuss whether the parcel was packaged adequately. randy-magic repeatedly emphasizes the buyer's legal liability and tries to find support for enforcing these rights.
Legal misjudgment by eBay customer service in a private sale with an unintentional DHL transport damage
A buyer purchases a coin collection of 63 pieces, which came with a coin case. During transport by DHL, a slit tear occurred through the box and padding and cut the velour lining on the bottom of the coin case. So this is a clear transport damage caused by DHL, which the buyer also confirmed.
The actual coin collection is not affected by this and is complete and undamaged. The seller is now demanding a return and was too lazy to report the damage to his DHL branch. Despite being asked to do so, since he only has 7 days. I also informed eBay, who told me over the phone that a return can be excluded here, since the shipping risk for transport damage passes to the buyer. The buyer also contacted eBay and demanded the return, and yesterday customer service approved the return, which contradicts all the rules. I filed an objection and am utterly baffled.
In a private eBay sale, the buyer bears the shipping risk (transfer of risk) as soon as the goods have been handed over to DHL (§ 447 BGB). The seller is not liable and does not have to refund the purchase price unless the transport damage is clearly due to inadequate or faulty packaging.
In a private purchase, the buyer must report the damage to DHL, since the damaged shipment has to be presented there. The buyer must report the incident within 7 days in a branch or online and inform the seller
Since the 7-day deadline has expired, the damage to the coin case, which would cost around €50 to replace, would also be left on me.
The auction value is €399and a return and warranty were also explicitly excluded in the listing. The coin case (incidental item) was undamaged beforehand and the package was packed very well. So there is no fault on my part. A return is therefore out of the question for me. What can I please do?
voli-maus
Mentor1 month agoHello @randy-magic ,
if you don't refund voluntarily, eBay will do it for you.
randy-magic
OP1 month agoSorry again. This is not about a voluntary refund. eBay is acting against all legal regulations, which clearly show the proper procedure here. I think I’ve described everything. This is not just misconduct on the buyer’s part, but an unlawful decision by eBay that is based on no grounds whatsoever.
petersmodellbahnstuebchen
Mentor1 month agoHi @randy-magic
it is true that there are specific legal requirements governing who is responsible for transport damage when selling.
However, this platform also has eBay Buyer Protection, which you also agreed to by listing your offer. After that, the buyer can report an item as not as described. As for the next steps with DHL, you are the contractual partner of DHL and have to sort that out with them.
Ask the buyer to confirm the transport damage and contact DHL regarding reimbursement of the shipping costs and any possible damage.
randy-magic
OP1 month agoUnfortunately, the answers here so far are very uninformed. Sorry, buyer protection does not apply in this case because the item is as described. Please read properly. Also, with private eBay auctions, the buyer is obliged to report the damage within a period of 7 days and present the package. By the time the package comes back to me, the deadline has already expired. The shipping risk passes to the buyer upon drop-off at the branch, governed by the German Civil Code § 447.. Once again, I don’t need any smart comments here, but real help on how to solve this with eBay, who are clearly deciding this wrongly
petersmodellbahnstuebchen
Mentor1 month agoHey @randy-magic
well then, good luck. I’m keeping my fingers crossed for you as you enforce your rights under the German Civil Code (BGB).
voli-maus
Mentor1 month agoWhat would the gentleman like to read, @randy-magic .
Maybe the shipment was inadequately packaged ?
Read the packaging guidelines of the shipping providers.
And yes, there is buyer protection on eBay, you can't change that, and neither can I.
We can stand on our heads and get back on our feet, that won't change.
randy-magic
OP1 month agoThere are very clear regulations and rules regarding private shipping risk. No, it was professionally packaged and padded inside. From the outside you can clearly see that the packaging has been slit. So not just an ordinary pressure mark. It must actually have gotten caught on a sharp-edged object and been slit. The buyer should have gone to their branch and filed a damage report, which they did not do. This alone is already a breach of duty, since after 7 days DHL no longer recognizes the damage.
voli-maus
Mentor1 month agoDid you also report the shipping damage yourself, @randy-magic ?
voli-maus
Mentor1 month agoWhat was it padded with, @randy-magic ?
petersmodellbahnstuebchen
Mentor1 month agoSorry, @randy-magic
the item is not as described. Original text in the listing:
Including matching collector's coin case with certificates
According to your statements, a damaged box was delivered due to transport damage.
Understandably, there's nothing about that in the listing.
randy-magic
OP1 month agoNonsense. The coin cassette was, of course, perfectly fine. And the coins, naturally, as well; they didn’t get damaged at all.
randy-magic
OP1 month agoThe shipping damage was caused by DHL, went through the packaging and padding, and slashed the bottom of the coin box and damaged the velvet on the underside. The buyer even confirmed the shipping damage, which is also clearly visible in the photos
petersmodellbahnstuebchen
Mentor1 month agoThat's not nonsense. Even if the cassette was fine before shipping, it was damaged upon receipt of the goods.
And that point in time is crucial for an item that the buyer reports does not match the description.