He puesto un post sobre el tema en neogaf y Reddit y una persona ha respondiendo explicando claramente el tema (en Reddit), no se si es permitido dejar los enlaces aquí, si alguien los quiere que me mande un privado.
Esto es la respuesta:
edited 47 minutes ago
I've had this problem with PA before and am also a little peeved that PA has ramped up the price of DDP to the point where it's not really worth buying from them anymore. The alternative for me is a 25-mile round trip to the customs office.
I have checked the last packages I received from PlayAsia and they are not marked as DDP (even though I paid it), which is the case for games from Limited Run or Ebay from the US that I have paid DDP for.
The package won't always be marked as DDP, and if it is, customs authorities won't recognise it. The customs/duties/taxes declarations are passed by PA to their local forwarder. Once the package enters the EU, it goes through customs, the customs charges are paid by the final forwarder, and they then send the package to you as if it were shipped by a company within the EU.
I have written to PlayAsia and they have responded that these are additional charges placed by customs that they have no control over and are not liable for, they state you are importer and are liable for any additional charges.
This is nonsense. The very purpose of DDP is that the exporter & forwarder handles the payment of the entirety of customs duties & taxes. DDP isn't a status recognised by customs authorities. It is just a standardised shipping convention ("Incoterms") that constitutes an agreement between you and the exporter. If they fail to make good on that agreement, you have the right to seek recourse.
They also stated that they would only pay if the Custom Authourities provide proof that the tax was not payed. As far as I know the onus of proof of declaring the product is on the sender if the duties have been paid. The proof that duties have not been paid is the Custom charge. They should provide the relevant paperwork if the duties have been paid.
You're absolutely right. The customs authorities have no stake in the transaction. In most countries they are not permitted to issue declarations on their own behalf or become involved in a commercial dispute. If there has been a logistics error, delivery under DDP terms means that the seller - PA - is obligated to find out who fucked up by not filing paperwork correctly. They, after all, are the client of the forwarding companies, so they are the point of contact for the forwarders.
The important thing to be aware of is that customs authorities will generally not recognise your Play Asia invoice as evidence of payment of customs duties/taxes. Invoices are generally only valid as proof of purchase price. The only evidence that customs authorities will accept is the receipt issued by the customs authority of the port to the forwarder upon customs clearance in the EU (which in the case of PA I believe is PostNL), and you will generally not be provided with this receipt.
Resumen, PlayAsia se tiene que hacer cargo y
@Hollow58 si has pagado con Visa puedes hacer un chargeback parcial. Aunque lo veo dificil si no tienes el recibo o carta de aduanas.