Selling on Delcampe or eBay a risk?
In the Dutch magazine Filatelie (Philatly) of April 2022 an article is published, based on an article in the Belgian magazine De Postzegel (The Stamp), about the risk of selling on websites like Delcampe or eBay to people in Germany.
The article in question tells of an enthusiastic philatelist who, after years of collecting in which he also made extensive use of Delcampe, decided to sell his collection. He offered his stamps individually or in series on Delcampe.
After some time he received a letter on behalf of the German Association of Stamp Dealers, the APHV. In the letter he was accused of false competition, because he sold stamps without complying with the (German) consumer protection rules.
According to the APHV, given his large number of transactions through Delcampe, he could not be a hobby trader. Therefore, he had to comply with the consumer protection rules that apply to professional traders. The APVH demanded that he would no longer present himself as a private seller, and that he would pay approximately 350 euros to reimburse the costs of this official warning. If not, he would be summoned to a German court.
After some deliberation, the collector decided not to respond to the letter, resulting in a lawsuit. Despite the defense of the man's German lawyer, the APHV was judged fully in the right and he was ordered to pay a total of approximately 6.500 euros. In case of repetition, he ran the risk of being sentenced to a penalty of 250.000 euros and 6 months in prison.
With the occasional offering of a few stamps, the risk seems to be small, but a warned person counts for 2!
When selling on sites such as Delcampe and eBay, it therefore seems sensible to pay close attention to whether the (German) rules for consumer protection are observed, or to state clearly that no sales are made to Germans. Within Delcampe there even seems to be a possibility (now) to block ads for Germany.
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