I sent back the Iphone for a refund because it was not new as the seller (German company) stated on Ebay site, not in original Apple box. The seller agreed for a refund so he sent me the shipping label from Germany post DHL group to return the package back to him (ERS). The shipping company lost his package and now he refuse to return my money as long DHL won't find his package or compensate for his lost. I have the shipping confirmation that I shipped his package back. I have the shipping investigation by Slovenian post that the package was not found and that the seller who paid and ordered the shipping should ask for compensation. He don't want to show me the investigation ticket with DHL nor return my money. I asked Ebay for help but they are giving me the same replies over and over ''We need to discus with supervisor for your case''...(for more than a month now). I asked Paypal for help as a billing issue and they closed the case in seller favor as this is not a billing case. They gave me 10 days for more evidence.
I'm so disappointed that no body understands the EU regulations at this point. I didn't lost seller package, his shipping company did. The EU legislation that governs these circumstances is contained in Article 20 of Directive 2011/83/EU, which deals with consumer rights and the passing of risk. Essentially, the trader is responsible for the item until it is handed to the consumer. Thus, if the trader organises a particular courier service to handle delivery, then the trader remains responsible for the goods while the courier is in possession of them. In such cases, the trader will need to replace the item or refund the payment if the goods go missing or are damaged.
I'm not sure if Paypal understands that they work against the EU law and consumer rights. What's next.... EU court?
