I ordered something online (~150€) from a shop that had ~30k mostly. positive reviews online. (After the fact I realized that all reviews from the last few weeks were horribly negative, though.)
I used paypal for payment and waited for delivery. The ordered item never arrived and when I contacted the seller about that, they claimed that it must have gotten lost during shipping, but were unable to produce a tracking ID.
After some back and forth, I made use of my "Widerrufsrecht", in effect voiding the sale. They claim, that they do not have to honor this, because I used a company address when placing the order. This is true, but it is my understanding, that the judgement from BGH 30.09.2009, Az.: VIII ZR 7/09 establishes that the address alone is not enough and the item I ordered is intended for private use, so I hold that my "Widerruf" should be legit.
However, I have now started a conflict resolution process with PayPal and also issued a warning ("Mahnung") to the seller, that the delivery is late ("Lieferverzug"), which should enable me to void the sale ("Rücktritt") if they don't deliver by coming Friday.
I firmly believe that they will not give me my money back and now wonder what my best course of action is:
1) I could just make use of PayPal's buyer protection to get my money back that way, but apparently this leaves me open to them claiming the item was lost in transit the risk for which lies with me and suing me or more likely having an "Inkasso" company shake me down. Even if I'm in the right, that's something I might not want to go through.
2) I could wait for them to not deliver by Friday and then hand the case over to an "Inkasso" that shakes them down for me. (There are some that will do it for as little as 15€ and if they succeed it's free.)
It seems to me that, if I'm indeed legally in the right, as I think I am, both should result in me getting my money back, but option 2 has less potential headache.
My question is: Am I missing something or is option 2 the way to go?