The door rings, but no one is there. A notification slip reveals: The package is waiting at the nearest packing station. So quickly there, back again – open the package, and suddenly there are two jeans in it instead of the one I ordered. Can you keep the additional goods? And what should you pay attention to now?
Too much goods?
Legally, the situation is clear: If you receive too many goods as part of an order, you cannot simply keep them. The background to this is that ownership of the additionally delivered goods remains with the dealer and there is a claim for return (unjustified enrichment according to §§ 812 ff. BGB). However, there is no obligation to return the goods immediately and at your own expense. Rather, recipients must keep the goods and allow the retailer to take them back. For example, if you receive too many goods in your Amazon delivery, you should contact support.
As the lawyer Christian Solmecke told the Cologne newspaper Express, recipients can request the retailer to pick up the goods within a reasonable period of time. Until then, the recipient should store the goods carefully. Alternatively, it is possible to return the items yourself, whereby the seller must reimburse the shipping costs incurred. Simply keeping, giving away or reselling the additional products is not legally permissible, as this is a disposal of someone else’s property. Anyone who intentionally exploits the error may face claims for damages. A transfer of ownership by acquisition (§ 937 BGB) only occurs after ten years of bona fide ownership – in practice, however, the dealer’s claims for return usually expire after just three years.
Goods without an order?
As the consumer advice center reports, anyone who receives unordered goods generally does not have to pay or send the items back (§ 241a BGB). However, it is important to first check how the delivery came about in the first place. A look at the sender can help you assess whether a reputable shop is behind the shipment or whether it is a dubious scam. There may be a simple incorrect delivery from well-known retailers. In such cases it may make sense to contact the shop and clarify the error. However, consumers must be careful not to use wording that could be understood as acceptance of the contract.
Depending on the retailer’s reaction, recipients can decide whether to return the goods (then the seller has to bear the costs) or ignore the delivery. Reasons for unordered goods range from foisted contracts, delivery errors and overstocking to identity abuse or so-called “brushing” methods in which retailers use fake orders to manipulate reviews. In all cases the following applies: Without a valid contract there is no obligation to pay.
Jonas Vogt, editorial team at finanzen.net
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