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Old 05.10.2020, 14:23
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Problem buying tires online

I recently ordered some winter tires from my car from a large online reseller (suggested on EF in another thread), and opted to have them delivered to one of their partners for fitting.

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...
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Old 05.10.2020, 14:54
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Re: Problem buying tires online

Read your contract.

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.
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Old 05.10.2020, 15:01
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Re: Problem buying tires online

I had a similar thing a couple of years ago, but in fact the fitter was not at the address published on the website.

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.
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Old 05.10.2020, 15:05
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Re: Problem buying tires online

I have heard plenty of stories like this and that's why I always order them to my home address.
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Old 05.10.2020, 15:07
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Re: Problem buying tires online

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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.
What exactly is the proof you were provided with?
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Old 05.10.2020, 15:07
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Re: Problem buying tires online

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I had a similar thing a couple of years ago, but in fact the fitter was not at the address published on the website.

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.
Thanks - in my case it's from reifendirekt.ch /123pneus.ch (same company - one url for German and one for French).... have now emailed the garage with the proof of delivery; and checked the address (it appears correct, and the GPS coordinates at time of delivery are right)... so I worry that it's just the garage who "lost" them...

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What exactly is the proof you were provided with?
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...
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Old 05.10.2020, 15:12
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Re: Problem buying tires online

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Thanks - in my case it's from reifendirekt.ch /123pneus.ch (same company - one url for German and one for French).... have now emailed the garage with the proof of delivery; and checked the address (it appears correct, and the GPS coordinates at time of delivery are right)... so I worry that it's just the garage who "lost" them...


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...
And do the GPS coordinates and name fit with with the location and a worker there? I find it a bit odd having to ask you this as it seems like very relevant data you could have provided in the OP.
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Old 05.10.2020, 15:22
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Re: Problem buying tires online

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And do the GPS coordinates and name fit with with the location and a worker there? I find it a bit odd having to ask you this as it seems like very relevant data you could have provided in the OP.
The coordinates match, the name... no clue. The garage hasn't confirmed that, nor denied. They just say that they haven't had the tires delivered.

You'll see in my previous post - that you quoted, that I state the coordinates are "right"....

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and checked the address (it appears correct, and the GPS coordinates at time of delivery are right)... so I worry that it's just the garage who "lost" them...
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Old 05.10.2020, 15:28
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Re: Problem buying tires online

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The coordinates match, the name... no clue. The garage hasn't confirmed that, nor denied. They just say that they haven't had the tires delivered.

You'll see in my previous post - that you quoted, that I state the coordinates are "right"....
The name is also very important. If I were you I would (and I am serious) contact the police and say you have had your tires stolen from the garage. Go there with the police and show them the delivery evidence with location/name, and the moment the garage sees a uniformed police officer then I bet they are somehow found quite quickly...

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.
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Old 05.10.2020, 15:48
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Re: Problem buying tires online

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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.
This is Switzerland. I'd bet my last franc that this isn't about theft or fraud, but more likely about incompetence. If the garage isn't far away, I'd go down in person and have a look around. Odds are that someone who doesn't normally sign for a delivery signed for it, or that the courier dropped off the delivery didn't request a signature because of COVID and the tyres have been delivered but no one is aware.

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.
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Old 05.10.2020, 15:56
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Re: Problem buying tires online

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The name is also very important. If I were you I would (and I am serious) contact the police and say you have had your tires stolen from the garage. Go there with the police and show them the delivery evidence with location/name, and the moment the garage sees a uniformed police officer then I bet they are somehow found quite quickly...

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.
While I hope it doesn't end up with that, I'll keep that option in a worst case scenario...

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)
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Old 05.10.2020, 17:17
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Re: Problem buying tires online

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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.

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?
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Old 05.10.2020, 18:48
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Re: Problem buying tires online

No use to you, but a garage I used said to use them for buying the tyres, then the responsibility is all on them. (but then they would say that)

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.
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Old 05.10.2020, 18:52
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Re: Problem buying tires online

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I have heard plenty of stories like this and that's why I always order them to my home address.
Or my work address.

I then take them to my local garage to be fitted.

Tom
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Old 05.10.2020, 19:57
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Re: Problem buying tires online

I used to buy via Reifendirekt but then found out that you can negotiate at a tyre center too, and then there is a minimal price difference and no hassle with delivery
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Old 05.10.2020, 20:16
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Re: Problem buying tires online

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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?
Delivery is free, does that make a difference?
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I used to buy via Reifendirekt but then found out that you can negotiate at a tyre center too, and then there is a minimal price difference and no hassle with delivery
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.
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Old 05.10.2020, 20:54
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Re: Problem buying tires online

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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.
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