November 16, 2023, 8:44 a.m. |
Reading time: 5 minutes
Sometimes a Christmas present unfortunately turns out to be a bad purchase. That’s why many of the major online retailers offer particularly long return periods during and shortly after the Christmas season. TECHBOOK provides an overview of goodwill cases and buyer rights.
If the gifts under the Christmas tree didn’t appeal to your loved ones, they can be exchanged or returned. So that you don’t fall into unnecessary hassle between the years, it’s worth carefully checking the return deadlines of online retailers. TECHBOOK gives an overview of the technology retailers who offer extended return periods over Christmas and what you generally have to pay attention to when playing.
Exchange vs cancellation
When you return unpopular gifts, it is often colloquially referred to as exchanging them. However, this is not always correct because there is no legal right to exchange. If you return a product that is essentially free of defects and get another one in return, this is either a genuine exchange and therefore falls within the retailer’s goodwill area. Or there is a cancellation and a new purchase contract. Since the result is the same for customers, the right of withdrawal in online retail is often misleadingly referred to as the right of exchange.
Since customers cannot examine the products offered themselves when purchasing online, the law grants you a two-week right of withdrawal. In §355 BGB it says: “The cancellation period is 14 days. It begins with the conclusion of the contract, unless otherwise specified.” The time of conclusion of the contract is deemed to be the time at which the customer has received notification of the purchase, such as an email, and the goods. The buyer should pack the goods back in their original packaging so that the dealer has the chance to sell the product again. The 14-day right of return also applies to reduced goods.
For comparison: In stationary retail there is no right of withdrawal without a reason. Here customers can only return goods that have defects. Some online retailers have even voluntarily extended the cancellation period and offer longer return options. Amazon and Cyberport give customers approximately 30 days.
These restrictions apply upon revocation
Incidentally, the statutory right of return does not apply to private sellers – for example at an eBay auction. However, you can also complain about a defective item here. However, there are also goods from retailers such as Amazon and Co that are excluded from revocation. This includes CDs or DVDs whose seals have been opened, but also digital content. If the goods were made according to the customer’s specific wishes, they are also not eligible for return.
In principle, however, the following applies: If you have only used the item to the extent that you could have tried it out in a store, the retailer must refund you the full sales price if you cancel. Only if you have used the item beyond this may the seller deduct a corresponding compensation for use, which he must inform the customer in advance.
This is how you file a revocation
Part of the right of withdrawal is that the seller must be informed of the return. This means that it is not enough to simply return the goods within the 14-day period without comment. Many online shops have a simple online form that you have to fill out for this purpose. The consumer advice center will stop in other cases Sample form available. The form can be sent by post, email or contact form and must be confirmed by the seller.
Return shipping costs covered are purely a gesture of goodwill
The question of who bears the return costs is also an issue §357 BGB clearly regulatedt: “The consumer bears the direct costs of returning the goods if the entrepreneur pays the consumer […] informed of this obligation”. In other words: You are legally obliged to bear the costs yourself – unless the online retailer points out that he will not cover them.
In practice, however, this depends heavily on the respective dealer. As an incentive to purchase, many sellers voluntarily cover return postage for their customers. At the same time, there is currently a tendency for this goodwill to be scaled back again. On the one hand, companies save money and, on the other hand, try to encourage their customers to consume more consciously. In general, customers should always read the online retailers’ terms and conditions, especially for international shipments.
These changes apply to Christmas 2023
In order to boost Christmas business even more, many retailers are extending their return periods. The statutory period of 14 days remains unaffected and is still guaranteed. And as mentioned above, some products are generally non-returnable.
This year an extended regulation also applies to the following retailers:
- Amazon: Products purchased between November 1st and December 31st can be returned until January 31st, 2024. This applies to Amazon’s own products as well as Marketplace sales and FBA shipped items.
- Conrad: Products shipped between November 13th and December 24th can be returned until January 21st, 2024.
- Gravis: A 30-day return policy applies in December.
- Media Markt and Saturn: Products purchased from October 31st can be returned in store or online until December 31st, 2023. Returns are possible in the local market, by post or by courier.