When does the risk pass to the consumer in the case of mail order purchases?

When does the risk pass to the consumer with mail order?

447 BGB does not apply to the purchase of consumer goods. This means that the risk only passes when the consumer has received the goods. If there is no purchase of consumer goods, it can usually be assumed that the goods are sent by mail.

When does the risk pass to the buyer?

(1) If the seller sends the sold item to a location other than the place of performance at the buyer’s request, the risk is transferred to the buyer as soon as the seller sends the item to the freight forwarder, the carrier or the person otherwise appointed to carry out the shipment Has delivered the institution.

Who bears the risk of shipping?

the post has handed over the matter (447 BGB). In other words: If the seller is to send the item, as on eBay, the buyer bears the shipping risk.

When is the risk transfer?

According to 446 sentence 1 BGB, the risk of accidental loss or accidental deterioration is transferred from the seller to the buyer when the sold item is handed over. The transfer of risk takes place according to 446 sentence 3 BGB even if the buyer is in default of acceptance.

What is the transfer of risk?

1. In the case of a purchase contract, the risk of accidental loss and accidental deterioration of the item sold is transferred to the buyer when the item is handed over (also in the case of retention of title) (Section 446 of the German Civil Code).

Where is the transfer of risk?

In the case of a sales contract in accordance with Section 446 of the German Civil Code (BGB), the transfer of risk generally takes place with the handover. If the buyer, who is the creditor of the main obligation, is in default of acceptance, the risk is also transferred to him. If the thing is destroyed, he still has to pay the purchase price.

What does incoterms mean?

The main purpose of the Incoterms is to regulate the manner in which goods are delivered. The provisions stipulate which transport costs are to be borne by the seller and which by the buyer and who bears the transport risk in the event of loss or damage to the goods (transfer of risk).

What is meant by the reversal of the burden of proof?

If a consumer buys a new item, the warranty (see there) is two years. If a material defect occurs within the first six months, it must always be assumed that the item was already defective at the time of purchase (reversal of the burden of proof according to § 476 BGB). After this period, the burden of proof lies with the buyer.

Who is liable for shipping for private sales?

Shipping as an insured or insured shipment also makes no difference in terms of the seller’s liability. If the shipment is carried out by a private seller and is not insured, the seller is not liable in the event of loss and the buyer still has to pay.

Who bears the risk of shipping to eBay?

Anyone who sells goods to a private buyer via the eBay marketplace as a commercial seller always bears the shipping risk according to Section 475 (2) BGB. If the goods are lost or damaged during transport, the buyer can request reimbursement of the purchase price.

Who is liable for eBay classified ads?

Answer: It depends on what has been agreed between the buyer and seller. In the case of eBay classified ads, unlike the eBay platform, it is not about a direct conclusion of a contract. If the seller sends the goods at the buyer’s request, the buyer must then also bear the shipping costs.

Who is liable for shipping damage DHL?

In principle, a sale by mail order takes place among private individuals in accordance with Section 447 of the German Civil Code (BGB). This states that the risk of damage in transit is transferred from the seller to the buyer when the delivery is handed over to the carrier, and the buyer consequently bears the risk of shipping.

Who is responsible for the package?

As long as the customer does not have the package in his possession, ie actually holds it in his hands, the seller still bears the risk of loss and must accordingly reimburse the purchase price. If the parcel delivery service only sets the parcel down, it depends on whether the buyer thereby gains possession according to § 854 BGB.

When does DHL insurance take effect?

In principle, the insurance cover applies for the entire period of the transport (handover of the shipment to DHL up to its delivery). Compensation for damages even without liability. You will be reimbursed for the material damage, even if DHL is not responsible for the occurrence of damage during transport.

Who is liable for the sender or recipient?

If the sender can prove that he has properly packed the package and padded the goods, the shipping company is usually liable. The following applies: As a sender, it is advisable to take a few photos before sealing and, ideally, even have a witness with you.

Who is liable if the package does not arrive?

If you are a commercial seller, you are liable for the loss. As a private buyer, you are not liable. The recipient must bear the damage himself. However, you must be able to prove that you sent the parcel.

Who has to take care if a package does not arrive?

If a package is lost, the buyer will claim the purchase price back from the retailer or negotiate the re-shipment of the ordered goods with the retailer. In turn, the trader who signed the contract with the transport service provider must assert his claims against him.

Who is responsible for lost mail?

Deutsche Post accepts no liability for the loss of normal mail. Deutsche Post is not liable if a parcel or letter disappears. In the case of parcels, express letters or registered mail, however, Deutsche Post and DHL are certainly liable.

What do I do if my package does not arrive and is not insured?

If an insured shipment has been lost and cannot be found using shipment tracking, the sender can claim the value of the goods from the transport service provider. However, this is not possible in an unlimited amount, but is usually limited to, for example, 500 euros.

What can you do if a letter doesn’t arrive?

Letter did not arrive: You can do thatContact: First and foremost, you should contact the deliverer. Telephone: You can reach the Post Service from Monday to Friday from 7:00 a.m. to 8:00 p.m. Note: First you should wait long enough, because a letter is only considered lost after more than 20 days.

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