Ebay classifieds without delivery?

I bought a laptop on March 28th, 2020 on Ebay classifieds.

Seller is commercial.

Seller accepts the purchase price of 760.00 euro and payment with PayPal.

After the seller received the money, he suddenly asked for an additional payment because of the fees, which I then refused.

I ask the seller to refund the amount immediately, but he only wants to return the amount minus the PayPal fees for goods and services.

Seller is stubborn and does not respond to messages.

I still haven't got my money back.

Is an ad worth it?

Why don't you just get the money back from PayPal?

Misread…

If no agreement has been reached as to who pays fees for PayPal, this should be borne by the seller, who is then responsible for the corresponding fees according to the PayPal regulations.

You should therefore set a corresponding deadline for the seller to send the laptop.

If this period expires fruitlessly, you should consider whether you will stick to the purchase, demand compensation and, if necessary, seek legal help.

Application for buyer protection has been since 04.04. Asked today, the seller has 10 days to reply.

The only question is how does PayPal decide?

The seller has meanwhile sold the laptop and immediately re-advertised it after the demolition. I have set him deadlines several times, no answer also to PayPal no answer.

You will have to wait and see.

The requirements for a criminal complaint are missing.

First of all, this is about a sales contract, i.e. Civil law.

A purchase contract between you and the dealer is in accordance with § 433 BGB came into being.

§ 433 BGB
Contractual obligations in the purchase contract
(1) 1The sales contract obliges the seller of a thing to hand over the thing to the buyer and to provide ownership of the thing. 2 The seller must provide the buyer with the item free of material and legal defects.

(2) The buyer is obliged to pay the seller the agreed purchase price and to accept the purchased item.

The legal provisions in the purchase contract are not that complicated.

You write:

After the seller has received the money, he suddenly requests an additional payment because of the fees.

Of course, this requirement is inadmissible!

PayPal fees are generally paid by the seller.

No matter whether private or commercial!

which I then refused.

You did it perfectly right!

The seller should have calculated the PayPal fees of around EUR 30 in his sales price!

You write:

I ask the seller to refund the amount immediately,

You have to be careful here!

There's currently no obligation to reimburse the seller!

Good to know:

You now have 2 options

With the so-called consumer goods purchase (dealer / consumer) you have a legal right of withdrawal of 14 days. You can therefore cancel the purchase contract within 14 days without giving a reason.

Please NOTE

No right of return or cancellation, but a right of withdrawal!

This is important!

Otherwise, you would first have to set a time limit for the dealer to hand over the purchased item to you as agreed.

The legislator provides for this.

Only then can you withdraw from the contract and only then will the seller be obliged to reimburse you.

Of course, you also have the option of exercising your statutory warranty claims from the contract.

In this case, the seller would be obliged to provide you with the computer as agreed.

Conclusion:

If it is a bargain, you should consider whether you want to be paid off with the purchase price refund.

The legal situation is clear - you don't need to worry about that!

Think about whether you want the calculator or your money back.

Revocation or deadline for supplementary performance? - That's the question now.

I can help you with the wording to the dealer.

Thanks great answer!