Fast forward a week, and now the tires are showing up as delivered by the courier - but the fitting partner is stating they never received them.
The seller on the other hand is saying that they have proof of delivery (shared with me), and that I should resolve this with the fitting partner.
Any idea who is responsible in this case? I would expect the seller, as I arranged/found the fitting partner via their website...
But most likely it is the fitting partner or yourself. Looks like the seller fulfilled its obligation (delivery of the goods) and is out of the picture.
Generally speaking, if the goods get lost it is your problem (save other contractual agreements). If the goods got lost after delivery it is your problem for sure, save other contractual agreements. If goods get lost while in custody of a third party they might be liable depending on the contractual agreement.
So when I got the delivery notification I went to the address and found a block of flats, no commercial premises at all. Called them, they were on a different town, >10km away, and of course hadn't received the tyres there, cos presumably they were sent to the old address. Lord knows what eventually happened to them.
I managed to get them fully refunded, but they were reluctant at first to refund the shipping fee until I pointed out for the nth time that it was their fault for publishing an incorrect address.
Since then I've used both pneu-direct and pneu-online, but only once I've confirmed that the fitter is actually where they say they are.
Doesn't help much with your problem, I realise, but I have also had an incidence of the fitter saying they didn't have them when in fact they did, and had just 'lost' them within their own premises, and did eventually find them when I pestered them to check again.
A DPD form, with an illegible signature... but also GPS coordinates at time of delivery, as well as a first name of the person who accepted the delivery...
You'll see in my previous post - that you quoted, that I state the coordinates are "right"....
Up to you if you have the balls to do that, but tyres are expensive and it sounds like they are trying to steal from you or at least commit fraud.
At least here, the couriers routinely take photos of the parcels they place in front of our door in lieu of a signature (COVID). If you could get a copy of the driver's photo, at least you'd know where on the premises to look.
The thread was more to identify who's legally responsible (as an example, in the UK, until I have the item, the seller is responsible). I know we aren't in the UK, but I don't know Swiss law - which is why I was asking.
I plan on passing by the garage tomorrow if I haven't heard back (emailed them rather than calling, with the proof of delivery - it's easier on my limited German and I have a paper trail of sorts)
The Swiss (sellers) would like you to believe that you're responsible for everything. When you buy something and it's sent, it's often viewed that you've paid for the delivery and the seller is merely an agent. I posted recently about there being extra charges for an insurance which covers this kind of thing.
Even if this were in the UK, it gets interesting because the goods have been sent to an intermediary and there is some sort of proof of delivery. The question would be have you paid for the full service or simply to deliver tyres to an address of your choosing?
They were a reifendirekt 'fitter' and said they often had incorrect deliveries ranging from wrong sizes, missing tyres, 1 with wrong speed rating etc, everything that could go wrong in fact.
Their prices were @6euro per tyre more expensive for standard family car sizes.
I daresay the price difference amplifies if you're buying exotic or large though.
I then take them to my local garage to be fitted.
Tom
This is new & a result of reifendirect. The advantage is the tyres are brand new usually a few weeks after they were produced rather than 2 year old stock or worse they try to palm you off with.
I always check what I'm buying and that's not my experience.