Hi, i live in Austria but i dont speak good German so i will write in English.

So few days ago i sold t-shirt for 40€ and shipped it from Austria to Greece, now the guy who bought its saying that its not original and that he will sue me if i dont give him money back? T-shirt is 100% original i just cut the label before because it was itching me. I already lowered t-shirt alot and i paid shipping to greece, so i got only 30€ for t-shirt what cost alot more. Here is what he said – [https://i.imgur.com/gYGdr5T.jpg](https://i.imgur.com/gYGdr5T.jpg)

29 comments
  1. The law he cited has to do with voter fraud, so I wouldn’t be too scared, if, and that is the big thing here, if the goods you sent are genuine.

    Also I’d like to see him / the Staatsanwalt prove beyond reasonable doubt that it is the t-shirt you sent, which is difficult since anyone could just get a similar (fake) clothing piece anywhere else.

    I wouldn’t be too scared.

    [https://ris.bka.gv.at/eli/bgbl/1974/60/P263/NOR12029812?Abfrage=Bundesnormen&Kundmachungsorgan=&Index=&Titel=stgb&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=263&BisParagraf=&VonAnlage=&BisAnlage=&Typ=&Kundmachungsnummer=&Unterzeichnungsdatum=&FassungVom=11.05.2023&VonInkrafttretedatum=&BisInkrafttretedatum=&VonAusserkrafttretedatum=&BisAusserkrafttretedatum=&NormabschnittnummerKombination=Und&ImRisSeitVonDatum=&ImRisSeitBisDatum=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=&Position=1&SkipToDocumentPage=true&ResultFunctionToken=a4f5fe36-a496-4b69-94fb-48582987e48e](https://ris.bka.gv.at/eli/bgbl/1974/60/P263/NOR12029812?Abfrage=Bundesnormen&Kundmachungsorgan=&Index=&Titel=stgb&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=263&BisParagraf=&VonAnlage=&BisAnlage=&Typ=&Kundmachungsnummer=&Unterzeichnungsdatum=&FassungVom=11.05.2023&VonInkrafttretedatum=&BisInkrafttretedatum=&VonAusserkrafttretedatum=&BisAusserkrafttretedatum=&NormabschnittnummerKombination=Und&ImRisSeitVonDatum=&ImRisSeitBisDatum=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=&Position=1&SkipToDocumentPage=true&ResultFunctionToken=a4f5fe36-a496-4b69-94fb-48582987e48e)

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    You could be liable in a civil court though, where the burden of proof isn’t as high for the “Kläger” if he should decide to go that route. But even then, he’d still have to prove, that you have sent a shirt that is not what you described it to be, and proof that said shirt that is in his belonging is the shirt you actually sent, all of that for a mere 30 €s? My best guess is he is unhappy with the shirt and trying to get his money back by scaring you with some (low quality) lawyer speech. But I am not a lawyer so do whatever you think…

  2. If the shirt is not a fake, then just ignore him. Nobody will sue you over 30 Euros. Also, the paragraph he quotes is from the German StGB, not the Austrian one, so I’m pretty sure he’s got no clue where you live…

  3. The better question here is.. WTH do you ship a shirt from Austria to Greece even though you’re not even making profit?

  4. lol ignore the clown. the guy cant even german but sure he has a laywer (yeh yeh everybody does) whom he contacts cause of a t-shirt crime worth 40 bucks

  5. Your actual concern is them trying to claw back the money. How was payment made? If via card or a payment service like PayPal, you might face an attempt of charging back.

  6. Let him sue. Only, and only after you recieve a written letter from either the state, police or his laywer start bothering. In that case, then reach out to your own laywer and your insurance company yourself. You may/hopefully have a “Rechtschutz” that covers this.

  7. he won’t sue you.

    the shirt was not “original” but used.
    depending on the ad and if/how you communicated it he is not completely wrong in doubting the item.
    he probably expected an unused brand shirt maybe to resell it.

  8. That guy has absolutely no idea what hes talking about & is making threats just to scare you, if it is Fake however you should consider clearing this up outside of Court, altough even then I hardly believe you will ever hear something again from this person.

  9. That person seems like what we call a “Dampfplauderer”, I’m pretty sure he reuses that text for multiple sellers to make a quick buck and scare them. If he didn’t pay via paypal or a similar protected service I would simply never talk to them again.

  10. A guy in Greece write you back in German?………in bad german language!

    Ignore him…..it seems to me, that is his way to get money.

  11. Every normal lawyer in this world would grab 40€ out of his own pocket and would tell him to get lost.

  12. 1) it’s the wrong §. It would be § 146 StGB.
    2) he can’t sue using the StGB only the district attorney could sue using the StGB.
    .

    Just ignore it.

  13. They write “eintretten” instead of “eintreffen”, my bet is they never even speak German but just copied the text from somewhere.

    Don’t worry, it’s a scam.

  14. I think that should be a quite easy decision. If it´s a fake, you´d better pay – because selling fake products is a criminal act. If it´s original – just ignore it. The paragraph is from Germany and of course not valid in Austria. No one will sue you for 30€.

  15. This is a scam. Not your shirt but the guy.

    Just ignore him if you know the shirt is legit. Suing internationaly costs a lot of money since you need to pay for a lawyer on both ends. He can get a lawyer in grece that can only send you a notice but the really extort you the lawyer needs to be from Austria.
    Just a consultation will run somewhere 150eur so… My guess is bothing will happen. Quoting a law from Germany and not Austria also speaks volumes about how legit this is.

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