eBay seller protection?

Hi, I sold a game on eBay two weeks ago. Now the buyer says it never arrived and wants his money back. The listing stated shipping via large letter, so there's no tracking number. Who's at a disadvantage now, me or him? He could have requested shipping via parcel before the purchase.

Lg

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andynymous
1 month ago

Purchase of a private seller

According to the general regulation of the Civil Code (BGB), the buyer generally carries the risk of loss and damage to the goods by transport (§ 447 para. 1 BGB).

If the item is lost or damaged when buying from a private seller, you cannot reclaim the purchase price. They also have no entitlement to a new delivery. The shipment of the goods is therefore at your risk.

Something else only applies if you can prove that the goods were not properly packed and thereby damaged. ………………………………

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Purchase of a commercial seller

If you buy an item from a commercial seller as a private buyer, there is a so-called consumer goods purchase. The seller always carries the shipping risk (§ 475 para. 2 BGB). This applies equally to the sale of new and used goods.

If the goods are lost during transport, you can request the repayment of the purchase price. In principle, however, they do not have a claim for a new delivery. If the goods are damaged on the way of transport, you can refuse acceptance of the goods and request refill.

From this obligation, the commercial seller may not be freed by deviating regulations in its General Terms and Conditions (AGB) or other regulations.

Note: The liability of the commercial seller shall be irrespective of whether an insured or uninsured type of shipping has been selected. If the seller offers an unsecured shipping, it cannot therefore break the transport risk to you.

Source: https://pages.ebay.de/rechtsportal/kaeufer_5.html

andynymous
1 month ago
Reply to  soccertv

… then I should be out of the tailor

Please also consider the following …

Legal information for private sellers

What if the goods are lost during shipment?

According to the general regulation of the Civil Code (BGB), the buyer generally carries the risk of loss and damage to the goods by transport (§ 447 para. 1 BGB). The shipment of the goods thus takes place at the risk of the buyer. If the item is properly handed over to the shipping company and the item is lost or damaged, the buyer cannot completely or partially reclaim the purchase price and you do not have to deliver it again.Please note, however, that you have to prove the transfer to the transport company in case of doubt by appropriate documents.

Such a document is also of particular relevance within the framework of eBay purchaser protection. Please note that the requirements of the eBay purchaser protection are independent of the statutory and contractual regulations applicable between the buyer and seller. If a buyer does not receive his article, he may be entitled to a refund if the article is covered by the eBay purchaser protection. If no consignment number can be specified, eBay usually decides for the buyer. In order to secure against buyer protection cases, eBay therefore recommends always sending articles with tracking and uploading the corresponding details..

As a seller, you also have the contractual obligation to pack the article properly and securely. If the article is damaged due to improper packaging, the buyer may be entitled to compensation claims against you. This also applies if you have agreed with the buyer on a certain type of shipping (e.g. insured shipping) and you differ from this agreement.

Tip:In order to avoid misunderstandings and subsequent disputes, you should specify in the article description what form of insured shipping is meant.

In the case of higher-priced articles, the conclusion of an additional transport insurance is recommended.

Source: https://pages.ebay.de/rechtsportal/private_vk_5.html

einandereruser
1 month ago
Reply to  soccertv

No, you’re not. eBay is not above the law.

And so you’re out when you handed the shipment to the transport service provider, but that’s exactly what you can’t prove because of the lack of tracking the shipment.

einandereruser
1 month ago

Because there’s only half of the important text up there. There is no part I have referred to. And if you only read half the text, you think you’re right. You’re not.

Rubezahl2000
1 month ago

Who is now a disadvantage

If the buyer has paid with buyer protection, then private sellers IMMER are in the disadvantage.

In particular, if no consignment number is sent.

odine
1 month ago

You, if you trade commercially.

AriZona04
1 month ago

You would have had Package with consignment number I would like to say that I am not in a position to vote. Sending it off without a consignment number is your risk. If he asks for this, the alarm bells are shoving at me! Don’t you?