Always returns without the original box? The trick is in the details

This is often how it works: the packaging for a smartphone, toy or shirt ordered online is torn open - and thrown away straight away. This is not a legal problem - even without the original packaging, according to the law, the retailer cannot refuse to take it back.

Returns: The most important things in brief:

• Even without the original packaging, the retailer may not refuse to take the item back.
• Different conditions e.g. B. in the manufacturer's terms and conditions are ineffective.
• For some product groups, the right of withdrawal may expire.

Heat of the moment – ​​packaging away

The right to cancel, i.e. return, is intended to give consumers the opportunity to check what they have purchased and to withdraw from the contract if they are not satisfied. Such a right of withdrawal depends on a timely withdrawal within 14 days of receipt of the goods and may not be tied to or restricted to any conditions other than the statutory ones. Different conditions from a manufacturer such as the insistence on the original packaging, which is sometimes e.g. B. can be found in its general terms and conditions, restrict the legal rights of customers when revoking an online purchase and are therefore ineffective. In practice, such restrictions, although successfully warned on several occasions, are unfortunately observed more frequently .

Exceptions regulated by law

But be careful: Removing the original packaging can also void the right of withdrawal for some product groups - for example, for sealed goods that are not suitable for return for reasons of health protection or hygiene, for sealed CDs, DVDs or similar. The packaging must also be recognizable as a seal; a transparent film is not enough!

Despite the clear legal requirement, it is also advisable for consumers who like to throw away packaging to keep it for a while. Many retailers voluntarily offer more than the 14-day right of withdrawal. They grant a right of return that often goes far beyond the legal standard. Then it can be a legitimate condition to demand the return of the goods in their original packaging.

The big but...

But it's not quite that simple.

It is a big problem for retailers to receive returns, sort them and resell them. As a rule, this involves significant losses in value. Even damaged packaging can reduce the value in the eyes of customers. Other signs of wear such as removed transport locks, removed adhesive films on displays, etc. also. This is also the reason why Amazon, for example, often waives the return of returns altogether, so that the unwanted or rejected goods can then remain with the customer. The costs incurred by Amazon are too high. Other dealers try to have this loss of value compensated. The official cancellation policy of the BGB Information Obligation Ordinance for sellers states:

“If you cannot return the services received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the transfer of items if the deterioration of the item can be attributed solely to checking it, as would have been possible in a store. Furthermore, you can avoid the obligation to pay compensation by not using the items as your own property and refraining from anything that would impair their value.”

So far so good. In principle a very clear, understandable regulation.

No rule without exception

However, it's not quite that simple. The devil is in the details. The rights set out in the BGB refer to the statutory cancellation period of 14 days. Here, dealers must strictly adhere to the legal regulations and cannot make any general terms and conditions that go beyond them the subject of the contract.

However, if you have voluntarily extended the cancellation period, customers have significantly longer to keep items for inspection and do not have to return Christmas presents until the end of January, for example, then retailers can also demand stricter conditions and, for example, insist on the original packaging. To do this, you can specify your general terms and conditions accordingly and should also clearly point out this clause to your customers in the spirit of service. Very few customers read the terms and conditions in detail.

What should customers pay attention to?

In order to avoid any hassle with a possible return, customers should handle the delivered goods as carefully as possible right from the start and always keep a possible return in mind. This means opening the packaging as carefully as possible. Which, admittedly, is not always easy or even impossible. Who doesn't know the completely welded electrical items that can only be opened irreversibly with scissors. In any case, the packaging material should be kept long enough to be prepared for return transport as this will also protect the goods.

Inspection of goods is allowed, but there are limits

Inspection of the goods is definitely permitted. Customers are allowed to unpack items to undergo an inspection similar to what they would do in store. Dresses can also be tried on to see if they fit. It is definitely not allowed to attend a party with the dress and send it back - washed or unwashed - in order to exchange it if you don't like it. Exception: Hidden defects in the goods. But that's another topic. This article is about new goods that should be returned.

So if you send back the sweaty dress with the ketchup stains and want the full purchase price refunded, be prepared for disappointment. This would be the classic case in which retailers could charge for deterioration of the goods if they were returned.

Source:

Consumer advice center

Internet law Rostock

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