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Returned phone lost on its way back to O2, what do I do?

idumi
Rang
On March 21st I extended my contract with O2 and bought a new phone which arrived 2 days later. Since it required a small sim card and I didn't have one, I had to wait a bit longer in order to use it. The card arrived on the Saturday before Easter and after configuring the phone (iPhone 6S) I noticed that the display didn't light up properly, it had some kind of rays on the right side. Immediately after Easter I went to an O2 shop and they agreed it should be returned to O2 and replaced by them, but I had to do it myself having bought the phone online. They also suggested I should try with Apple. Which I did - I went to the Apple Store in Berlin and there I was told I should get an appointment and come back and they would fix it. But I didn't want it fixed, it was brand new, I had never used it, I wanted it replaced. So I tried to call O2 and after waiting in vain for about an hour I contacted them on the online chat.

There I was given a return address and they also send me a form that I had to fill in and put inside the package. I sent the package back on March 30, paying for it myself because I was not given a return label (I don't know why, I was in such a hurry to get the new phone I did not question that). I sent it as a DHL package, followed it online until the morning of Saturday, April 2, when the online tracking showed "the recipient is unknown". I immediately called O2 to check if the address was correct and it was. They told me there was nothing they could do and I should send the phone back once it gets back to me. This time they e-mailed me a return label.

But the parcel didn't return. I contacted DHL 3 times, they keep telling me it's on its way back to the sender (that would be me). But nothing more, I have no idea where it is. Yesterday I went to the post office and they told me I should file a complaint, which I did. I also found out that since I didn't buy an extra insurance DHL would pay me back only 500 Euros, which is approximately half of the price of the phone.

I seem to be stuck in this absurd situation and I don't know what to do, I'm getting a bit desperate. Any advice? Whom should I talk to?

6 Antworten

bs0
Rang
Benutzerebene 7
Abzeichen +7
As long as you sent the parcel within 14 days of receiving the phone and can prove that you sent it to the correct address (you have the DHL tracking number) you will not have to pay for the phone if it doesn't turn up. The seller bears the risk in such cases.

In einem Diskussionforum werden Meinungen ausgetauscht. Meine Beiträge in diesem Kunden-helfen-Kunden-Forum stellen meine persönliche Meinung dar.
idumi
Rang
Oh, thank you! That would be a huge relief. Thankfully I kept absolutely all the papers, including the chat conversation where they gave me the address.

Thanks!

idumi
Rang
So it's official, DHL cannot find the parcel anymore, they sent me an email today.

I called O2 to let them know about the situation. They say that DHL should pay for the phone because as long as they (O2) do not have it, it's not their responsibility.

So I guess I should pay for it. My mistake for not asking them to send me a Retourenschein (they sent me only a Retourenprotokoll which I filled in and put inside the box) and deciding that it's alright to pay for the transport myself (I sent it back 1 week after it arrived, at the address they gave me)...

I think there's something very wrong here, but I don't know with whom I should speak about it. A lawyer maybe?

Or maybe I should just wait and see what DHL decides to do. Although it is clearly stated that the insurance for a DHL Paket covers a maximum of 500 Euros.

bs0
Rang
Benutzerebene 7
Abzeichen +7
DHL are understandably only liable up to the amount insured, in your case 500 Euros. However, o2 bears the transport risk of an item returned within 14 days under the statutory cancellation period, which applies here. You should write to o2 and draw their attention to the final sentence of section 355 (3) BGB (German civil code) in which it is clearly stated that the seller bears the transport risk in such cases. The fact that you chose to pay for the parcel xyourself is irrelevant as long as you can prove that you sent it and to the correct address.

In einem Diskussionforum werden Meinungen ausgetauscht. Meine Beiträge in diesem Kunden-helfen-Kunden-Forum stellen meine persönliche Meinung dar.
idumi
Rang
Thank you, I will do just that.

idumi
Rang
(except... I don't really know how I can prove that. I have the DHL tracking, but that's just a number, no address. I wrote everything on the label at the post office, I couldn't do it online - that would've given me an electronic label with both addresses on it - because it was not working and I did not want to wait. But DHL "lost" the package on its way back to me, not on its way to O2. It can be traced up to the point where they say "the package was sent back to the sender". And then nothing. What counts as proof in this case?)

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