Sold an item on eBay classifieds and the seller wants me to take it back because it was flawed. I have agreed and suggested that he send me back the notebook as a package and I transfer the money via PayPal. However, he did not agree with that, am I obliged to make the withdrawal somehow different?
He lives in another city and does not want to bring him around.
The return takes place on the same way as the receipt of the goods.
If you have sent him the goods, he has to send them back to you now. The shipping costs you have to refund him only if the goods did not correspond to the description, is flawed. If it is a return from goodwill, then he will return the shipping costs to you. However, you have to pay him back the money including delivery costs.
If he has picked up the goods from you, he must bring them back to you.
He is in the delivery or delivery obligation.
You only have to pick up the goods from Him if you have brought them to him.
Thanks for the class response. Do you still have a website or a paragraph as proof?
Unfortunately no, but those are the rules when ordering something from the dealer.
You have also sent by parcel, then he must do it accordingly. And well packaged, so that no damage arises. You can then ask that you check his details. Only then would I refund the price. Maybe his statement is not true and he just does not like the article. Ebay classified ads usually do not ship, but do a direct sale on the front door. Then: Purchased as seen.
The shipping costs you have to refund him only if the goods did not correspond to the description, is flawed.
And that is exactly the case here
I sold the item directly "at the front door"
Am I obliged to make the redemption happen somehow different?
As I understand it, there's a resignation from the contract because the matter is flawed. In the case of a resignation, the return costs are such that according to the prevailing view in literature and case law (eg BGHZ 87, 104, 109), the seller must pick up the delivered goods in the event of withdrawal, where they are in accordance with the contract.
In legal terms, this means: "The customer's apartment is the place of performance in the event of withdrawal."
For the buyer this means: In case of withdrawal he is not obliged to return the purchased item to the seller. He only has to hold the item in question, so that the seller can pick it up at his place - this is also known as Holschuld within the meaning of § 269 Abs. 1 BGB.
Due to the so-called Holschuld results: In the case of a resignation, the seller must pick up the goods themselves. If he does not want that, he has to advance the costs for a return by post. The buyer, however, does not have to pay for this.
So you can, for example, Create a return label via DHL and send it to the buyer.
https://www.dhl.de/de/privatkunden/pakete-versenden/online-frankieren.html?type=ShipmentEditorProductSelection
So is it the right way to have the article sent to me and to transfer money and shipping costs?
Generally, yes.
You can offer to send him a DHL return label or to pay the cost of a shipment-tracked shipment, then send you the laptop back; You check him and then transfer him the purchase price and the delivery costs.
If he does not want that: no problem; You are sitting at the longer lever.
The return takes place on the same way as the receipt of the goods.
what makes you think that?
If you have sent him the goods, he has to send them back to you now.
no, according to the applicable case law and literature, the seller must pick up the goods upon resignation.
Thanks first, but what if he does not want that?
He thinks he is too unsure about shipping.
Thanks first, but what if he does not want that?
What did I write above?
If he does not want that: no problem;
You are sitting at the longer lever.
What do you mean by that?
Sigh…
If he does not want that and does not give you another suggestion to reverse, that's his problem alone, not yours.
He wants something from you, not the other way around.
Is that synonymous with eBay classifieds so because he has picked up the article so and I have not sent him?
