Ask a lawyer on the topic of Transport and freight law

14 packages disappeared from the locker station.

May 26, 2010 | 50,00 EUR | answered by Karlheinz Roth

Hello,

I am a private individual. I bought 15 iPhone 3GS from a private individual in Italy who shuttles between Italy and Germany. We also signed a purchase contract. I wanted to sell them on eBay as a private individual to earn a few extra euros. I did not know that I may have needed to register a business due to the quantity. However, that could have been done retroactively. But onto the main topic.

I sold all the devices, all were paid for via PayPal. I packaged the goods, franked them online, and then brought them to the parcel station. I received a proof of posting there. I then sent the buyers their identification codes and was happy to have earned a few euros. Until after a few days, the first buyers contacted me, asking about the goods. I did not understand because they should have arrived long ago. I called DHL, they checked and said the last scan of the shipment was: Goods were taken out of the parcel station for further transport. And that was the case for all shipments. After that, the trace of the shipments was lost.

I filed a search request for all shipments. DHL asked me to send invoices for the shipments and all IMEI numbers. I sent the purchase contract from the private individual. However, I did not note down the IMEI numbers before shipping because as a private individual, I do not offer a guarantee. I informed DHL about this.

Meanwhile, almost all buyers have filed a buyer protection claim with PayPal to get their money back. One seller wants to report me for fraud and notify customs about my sales on eBay. He wants compensation from me or for me to refund the difference for another iPhone. But what can I do if DHL loses the packages (if someone is taking them)?

Can the buyers hold me responsible for this?

And now the kicker: Today, DHL told me on the phone, after I pushed for information again, that all the items have been passed on to corporate security, and they will inform me in writing that they will not provide any compensation. They claim that after consulting with the driver, they can clearly prove that there were never any shipments in the compartments of the parcel station. And they will report me for attempted fraud.

I don't know if they are trying to mess with me, but this is about a loss of almost €8000. And if I were the DHL driver, I would also say that the compartments were empty. So, the driver is believed more than me. I looked at the parcel station yesterday, no cameras, otherwise you could have proven it with video evidence.

Please give me some advice on what to do. I am slowly losing my mind. PayPal is happily refunding the money, even though I have valid proof of postage. And they are asking me to pay €8000 into my account.

I am really losing it, I would love to grab the DHL driver who collects the packages

Karlheinz Roth

Dear inquirer,

Thank you for your inquiry, which I will answer based on the information you provided as follows.
By omitting or adding further information from you, the legal assessment may differ, so the advice within this forum is only a first legal orientation in the matter and by no means can replace consulting with a local colleague.

Having said that, the following is stated:

I assume that there is no sale by delivery contract (Versendungskauf) in your case.
In this case, the seller, at the buyer's request, ships the purchased item to a location other than the place of performance.
Regularly, a third-party company is commissioned for transportation. § 447 BGB determines that the risk of delivery passes to the buyer upon handover to the transport company.

In this case, you would only need to assert your insurance claim against DHL.

However, a sale by delivery contract is not present in your case, so you must demonstrate and prove that you have shipped the sold items. Shipping receipts are not sufficient, as there is no evidence that the sold goods were in the package.

You should therefore engage a colleague to represent your interests.

I hope that I was able to assist you in the matter.
I am available for a free follow-up question. If you are considering further representation, I recommend contacting the email address provided below. Modern communication allows for bridging greater distances.

Sincerely,
K. Roth
- Attorney at Law and Certified Executor of Wills -

Law Firm K. Roth
info@kanzlei-roth.de
www.kanzlei-roth.de
Tel. 040/317 97 380
Fax: 040/31 27 84
Johannisbollwerk 20
20459 Hamburg