Compensation for damages and the courier's blame-shifting
I found an interesting article about compensation for damages under the civil code that I’m sharing with you https://www.studioiuram.it/cosa-e-il-risarcimento-del-danno
Article 2043 of the civil code states: "Any act, intentional or negligent, that causes another person unjust damage, obliges the person who committed the act to compensate the damage". Compensation for damages therefore requires intent or fault, with intent meaning the deliberate will to cause harm, and fault meaning the offender's carelessness, lack of skill, or inattention. The law evaluates lack of skill differently depending on the various qualities possessed by the person responsible for the damage: if he is a professional, he must fulfill his obligations with the skill of the average professional in that specific profession; if he is not a professional, with the care of a good family man. Once again the difference between professionals and non-professionals returns, since the care of a good family man means a lower degree of attention than the skill of the average professional.
Now I have done everything that a good family man would have done: I packed the goods, printed the label for their exact weight, printed the waybill and put it in the package, paid the courier and the insurance for the shipment, handed the package to the courier who countersigned the copy of the label. No one can accuse me of negligence, because I did everything I was supposed to do.
Couriers, on the other hand, pass the buck and wash their hands of it, just read this page https://services.brt.it/it/form-danni which is addressed not to the sender of the shipment but to its recipient. Yet they are professionals whom the law requires to have an expertise https://it.wikipedia.org/wiki/Expertise greater than that required of the average person, the so-called good family man.
https://edizioni.simone.it/2022/09/22/buon-padre-di-famiglia-nel-diritto-privato/
The person who paid for the shipment has nothing to do with the person who caused the damage. The civil code provides that the person who caused the damage must compensate it, not the sender, and it cannot be presumed that the sender is incapable of packing fragile goods, given the numerous deliveries of such goods already made. If there is no intent and no presumption of fault on the part of the sender, who is in any case a good family man, not a professional, then our guy can go whistle.
Have a good evening
P.S.: Yesterday Ebay notified me of another rank advancement as an expert user. I don't know whether to be pleased or saddened by it. I'd like things to go back to normal, because unfortunately the law is completely on my side
lele.995
·2 years agorehald
OP2 years agoAh, so there’s reason to hope for the staff ...
daxsisko
·2 years agoin short: you simply reached 50 replies on the community (which, among other things, is managed by another company and not by Ebay) ..... regardless of the content of the replies given (..... so whether they make sense or not...... and given the replies you got from the various posters one can easily come to the conclusion..... )
my advice is to listen several times to the song "I Can't Stand You Anymore" , a track by the Skiantos :..... I believe this is the dominant thought at the moment among Community users, at least the more experienced ones
Have a nice Sunday
rehald
OP2 years agoWell, let me answer you with a musical recommendation, twofold: Fuck you, by Masini, and I'll go up, by Silvestri. That way we've served the democrats of this asshole.
Regards
daxsisko
·2 years ago... I return the regards...... especially the first one......
rehald
OP2 years agoAh, I almost forgot to add for the illiterates of this hole, that Truth is not a function of how many believe it to be so or of false opinion. Truth is not put to a vote and it is still truth even if only one person says it. Go and reread the codes and the laws because the first one who got sick of communicating with obtuse and ignorant people is yours truly.
Don't worry, I won't write another comma. It's not necessary, the law is there and there are plenty of sales platforms.
Enjoy the rest
sika700
·2 years agoAnd about time... finally!!!!
But with all the crap you’ve written up to now, are we supposed to believe you??
rehald
OP2 years agoYou’re the ones writing the nonsense, and mind what you write because you’ll get a lawsuit, you and Ebay, because it claims to forcibly resolve disputes between users by charging the costs to non-professional sellers. In fact, I’m warning you right now that if Ebay dares to forcibly take money from my account, it will be reported without any further notice.
I absolutely deny Ebay any right to reimburse unauthorized payments.
I will sue Ebay if it dares to authorize a payment into the hands of an obvious scammer
daxsisko
·2 years agoobviously not ............ Pinocchio is back......