Ask a lawyer on the topic of Business law

eBay purchase

February 3, 2010 | 20,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

I purchased a new fireplace stove worth EUR 643.95 as the highest bidder on eBay. The item was offered with a note for "free" shipping in the listing.

Unfortunately, I only read the offer text after the auction ended and realized that the seller actually offered pickup or shipping at cost.

Since this is a larger, heavy, and bulky item, I sorted on eBay by the manufacturer and brand of the fireplace stove, as well as only on new items with free shipping, assuming that the stoves would all be the same, so I did not necessarily consider and compare the offer texts. The purchased item was inexpensive, so I bid at the last second and immediately paid for the item via bank transfer.

After reading the item text, I informed the seller about the problem and pointed out my right to free shipping or to cancel the purchase. However, the seller (a private individual) insisted on the deal and demanded that I pick up the stove or pay the now due freight costs of EUR 130.00. The distance to the seller is about 700 km, so I also transferred the freight costs. However, as I do not find this offer to be legitimate, I request legal assistance in reclaiming the shipping costs.

Thank you in advance!

Sincerely,

Steffan Schwerin

Dear Questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your contribution, as follows:

If it is clearly stated in the auction that shipping was offered for free, the seller must adhere to this.

In this case, you would need to request a refund of the shipping costs from the seller and, if necessary, take legal action. Whether this risk is worth it is questionable.

I must also point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the circumstances may result in a completely different legal assessment.

I hope I have provided you with an initial overview and that my explanations are helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee you have paid would be fully credited.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
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Email: raschwerin@raschwerin.de

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