Problem with product sales?

Questioner

I will try to explain it as clearly as possible. About 2 months ago I sold products to someone. These products that I sold were ants (yes you don't hear that often haha). These ants arrived here, 1 of which did not survive the journey. Now I give a guarantee so I would send it again. Now we have been chatting for a few weeks and now this person lies that another ant did not survive, while I have all the proof that it arrived safely. He even created and edited fake chats and on those fake messages it says that he said that this ant did not arrive safely, but I have all the proof and the real chats on my phone that it did arrive safely. And I did not want to ''refund'' the other ant that arrived safely to this person until we have resolved the other problem. Now he says that he wants to start a legal dispute and all costs will be for me etc. He has also lied since the beginning that another ant also arrived dead, but later he suddenly says that this one arrived alive.

Lawyer

Agreements and transactions between two parties are in principle binding, unless there is misrepresentation, mistake or other factors that could make the agreement invalid under Dutch law. In this case, there seems to be misrepresentation from the buyer (fake chats, false claims about the condition of the product upon arrival, etc.). However, the burden of proof may largely fall on you. It is a good sign that you have evidence in the form of the actual chats. These can play a strong role in proving your case. Document all communications and gather as much evidence as possible. In case of legal escalation, the buyer is responsible to prove that the ants arrived dead, or that the product did not comply with the sales agreement. As a buyer, he can do this by, among other things, keeping the packaging material and possibly taking photos or videos upon arrival of the product. But, even if he proves that, there is still the guarantee that you give. By law, the buyer must give you the opportunity to fix the problem (in this case, by replacing the ant). Only if that really is not possible or fails, does the buyer have the right to cancel the purchase. It seems that this person may be trying to take advantage of the situation, so it may be helpful to seek legal advice. A lawyer or legal advisor can help you better understand your rights and obligations and plan any further steps. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.