- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
My boyfriend and I reside in the Netherlands and encountered an issue with an online purchase he made from a German webshop. The purchased shoes were of subpar quality, prompting him to return them. Despite having proof of shipment and confirmation from the courier service (DHL) that the package was delivered, the webshop claims they never received it.
## Expanded Situation Description
This situation has caused confusion and frustration as we navigate the conflicting information between the courier service and the webshop. The standard buyer liability for returns in case of a missing package complicates matters, especially when the courier service indicates that the package was indeed delivered. We find ourselves at a standstill, unsure of the next steps to take in resolving this issue.
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****** just grabbed a
If you got the proof that you send it. Then they got nothing. So the webshop should give a refund.
[It depends on who organized the return](https://www.evz.de/en/shopping-internet/online-shopping/delivery.html)
> Who is responsible in the event of a lost return package:
> The seller, if he or she organised the return and, for example, sent you a return slip and notified a carrier to collect the package.
> You, if you have sent the package yourself. In the case of return within the 14 day period after informing the seller of your decision to withdrawal from the contract, the entrepreneur bears the risk of return, i.e. the risk of loss. Consider potentially taking out an insurance if the package is worth a certain value. You must be able to prove the sending of the package, so keep the shipping receipt.
From this it sounds like this return was in the 14 day return period (and not because of a defect) so the seller should be on the hook regardless. But it is a little muddled / could have been written better.
If the package is listed as delivered but missing, then that is a dispute the seller will have with DHL and it should not be any of your concern. If the package was deliverd and they have the item, they have the item. if it was not delivered then they have beef with DHL. either way you should be reimbursed.
Make sure you point to them that they owe you money and that you have proof of shipment and that according to the EU regulations they are liable for the loss. Keep the proof of shipment / send them a copy so that they can use it to start a claim with DHL.
Your question includes a reference to The Netherlands, which has its own legal advice subreddit. You may wish to consider posting your question to /r/JuridischAdvies as well, though this may not be required.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceEurope) if you have any questions or concerns.*
Your question includes a reference to Germany, which has its own legal advice subreddit. You may wish to consider posting your question to /r/LegalAdviceGerman as well, though this may not be required.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceEurope) if you have any questions or concerns.*