Who is liable for uninsured shipping?
Who bears the shipping risk in private sales?
Purchase from private
The German Civil Code (BGB) provides clear rules for so-called mail-order sales: If the seller sends the sold item at the buyer’s request, the shipping risk passes to the buyer as soon as the seller has handed the item over to the courier service or the post office (§ 447 BGB).
Who is liable if a consignment does not arrive?
According to § 425 I HGB, the carrier is liable for damage caused by loss of or damage to the goods in the period from acceptance for transport to delivery or by exceeding the delivery period.
Who bears the transport risk on Ebay?
The transport risk is transferred from the seller to the buyer as soon as the buyer has handed over the object of purchase to the carrier. In the case of such a mail-order purchase, the seller is only liable up to the point at which the goods are handed over to the carrier (e.g. a forwarding agent).
Who is responsible for shipping?
With an uninsured shipping method, you will not be reimbursed if the goods are lost or damaged. The situation is different for commercial sellers. They are responsible for the goods until they reach the buyer. Insured shipping is therefore not necessary for you.
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Who is liable for the sender or recipient?
Only if the package has still not arrived can the sender hold the transport service provider liable and demand a refund of the surcharge paid. As a customer or recipient of the package, there is a right of withdrawal of 14 days towards commercial dealers anyway.
Who is liable for private sales?
According to § 433 of the German Civil Code (BGB), a private sale is basically a purchase contract like any other. Therefore, the seller is obliged by law to the so-called warranty. This means that the seller is responsible for defects in his goods.
Who is liable for shipping damage on eBay?
The most important things in brief: A commercial seller is liable to private customers for transport damage or the loss of the item in the post. Private sellers bear no transport risk.
Who is liable for incorrect packaging?
In principle, the buyer bears the so-called transport risk in such a transaction, § 447 BGB.
Who is liable for DHL transport damage?
In principle, a mail order sale takes place among private individuals in accordance with Section 447 of the German Civil Code. This states that the risk of transport damage passes from the seller to the buyer when the delivery is handed over to the carrier, and the buyer therefore bears the risk of the shipment.
What can I do if a shipment of goods does not arrive?
If you do not receive a shipment of goods, you can inform the seller. You cannot claim a replacement. In the case of uninsured parcel shipping, there are always difficulties in providing evidence, because the seller must, if necessary, provide proof that the goods have been handed over.
What to do if an uninsured package does not arrive?
If your package was sent uninsured and still hasn’t arrived, the sender or you as the recipient are liable, depending on the situation. If it is a commercial purchase, such as on the online platform Amazon, you as the recipient are not liable for the transport. The risk lies with the seller.
Is a consignment insured at the post office?
The most important things in brief: You can send small items more cheaply with the special “Books and goods consignment” shipping method. It is important to mark it with «BüWa». As a rule, the goods are sent uninsured and without a tracking number for tracking the shipment.
What does uninsured shipping mean?
Explanation of the term uninsured shipping
In essence, the so-called transfer of risk determines whether the buyer or seller bears the risk. The shipment as insured or uninsured shipment, on the other hand, primarily affects whether the shipping company is liable.
Do you have the right to return a private purchase?
At least that’s right: There is no right to exchange or return for private sales — whether at a flea market, on Ebay or in classifieds.
Who is liable for hidden transport damage?
The carrier is liable for the loss of and damage to the goods accepted for transport. The carrier may be held liable for such damage in transit that occurred during the time the goods were in his care.
How is DHL liable if the shipment is lost or damaged?
If the contents of a package are damaged or the package does not reach the recipient at all, the providers are usually liable up to a value of between 500 and 750 euros, according to Julian Graf from the North Rhine-Westphalia consumer advice center.
When does transport damage have to be reported?
Obvious damage must be reported within 24 hours. «Hidden damage» must be reported to the supplier immediately (but no later than within 7 calendar days in writing, also by fax). Therefore, please open a delivery immediately and check the number, type and damage.
How does shipping work on eBay classifieds?
Buyers who pay for items with Secure Checkout enter their shipping address during checkout. If sellers have selected a DHL product, they can start buying a shipping label directly via the eBay classifieds website or apps after a successful sale.
What to do if a DHL package arrives damaged?
If a shipment is damaged or parts of the contents are missing, simply submit a damage report via DHL. This will be registered and the parcel service will then ensure that you get a replacement as quickly as possible. For this you need some information such as the tracking number.
What is the legal situation for private sales?
With online private sales, buyers do not have a 14-day right of withdrawal. In principle, however, you have a right to a warranty (liability for material defects) if the purchased item has defects. Private sellers should therefore describe the goods in detail and list all defects in order to protect themselves.
Can a private seller exclude liability for material defects?
Private sellers can also exclude liability for the sale of individual new goods. If you often offer goods for sale with the same wording, this should be included in the item description: I limit liability for defects to one year from delivery of the item.
How much does an insured shipment cost?
From as little as €5,49, your parcel will reach its recipient quickly and safely — including liability of up to €500.
What do I have to consider when sending goods?
How do I send a shipment of books and goods? The consignment of books and goods can be delivered via the mailbox or in all Deutsche Post branches. It should be noted that the consignment is marked «BÜWA» above the address. A posting list is not required.
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