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  • December 01, 2019 18:29
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December 01, 2019 18:29

Does anyone know whether the postal law has changed with regard to rights / obligations when buying / selling between two consumers / private individuals? . I am not referring to Catawiki auctions, where a private seller is equated with a company with regard to shipping problems through the conditions. Ergo the buyer is "fully" protected and the shipping risk is "fully" placed with the selling private person.

This is what I know from years ago through, among other things: Dutch postal law:

Article 7:11 of the Dutch Civil Code protects private individuals / consumers against companies against shipments. Article 7: 11 BW does not apply to sales between private individuals (consumers). You then fall back on the main rule of art 7: 9 law: The seller must ensure that the purchased item is delivered to the buyer. And delivery here does not mean delivery but the place where the agreement is performed. According to art 6:41 BW, that place is where the product is located. In other words, the buyer must come and collect the products. He can have them sent to you, but that is at his own risk.

In the implementation this is a difficult one, after all someone who lives far from the seller naturally has them shipped and for smaller amounts 95% is sent. Buyer and seller would then be wise to take into account options such as insured mail, track trace and solid packaging and still the possibility of collection. In the case of shipping, the risk is still in the care of the postal company. If something does go wrong with the post, the buyer is dependent on the seller, after all, he has the sales agreement with the postal company and is the only one who can submit a claim for damages. And in case of damage you need as much evidence as possible. The motto would then be sensible: work together with respect to the postal company.

I have now found out that some buyers in shops think they have the same rights with regard to a Catawiki shop purchase (and / or marketplace etc). I don't think that's the case.

I hope someone can tell you more or have a reference where I can read something current about the postal law.

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