Wie Lange Muss Man Falsch Gelieferte Ware Aufbewahren

Hallo zusammen! Welcome to Germany! Whether you’re here for a whirlwind tour, settling in as an expat, or planning an extended stay, understanding the ins and outs of German consumer rights can save you a lot of hassle. One common situation that can arise is receiving goods you didn’t order – falsch gelieferte Ware, or wrongly delivered goods. What do you do? How long do you have to keep them? Let's dive in!

Was tun, wenn die falsche Ware ankommt? (What to do when the wrong goods arrive?)

So, you’ve received a package. Excitement builds, you open it… and it’s not what you ordered! Don’t panic. Here's a step-by-step guide on how to handle this situation in Germany:

1. Bewahren Sie Ruhe und dokumentieren Sie alles (Stay Calm and Document Everything)

The first and most important thing is to remain calm. Mistakes happen. Next, thoroughly document everything. This includes:

* The delivery itself: Note the date and time of delivery, the delivery service (DHL, Hermes, DPD, etc.), and the condition of the package. Take pictures if there’s any damage to the packaging. * The contents: Photograph the wrongly delivered item(s) clearly. Make sure the details are visible, like model numbers, sizes, or any identifying marks. * Order details: Keep a copy of your original order confirmation, invoice, or any other relevant documentation. This is crucial for proving what you actually ordered. * Communication: Save all emails, letters, or any other form of communication with the seller.

2. Kontaktieren Sie den Verkäufer (Contact the Seller)

This is the most important step. Contact the seller immediately. Explain the situation clearly and politely. Provide them with all the documented information – photos, order details, etc. Most reputable sellers will be cooperative and offer a solution.

When contacting the seller, clearly state that you received the wrong item and would like to arrange for a return or exchange. Ask them about their preferred method for handling the return – will they provide a prepaid return label? Do they want you to ship it back yourself and be reimbursed?

3. Beachten Sie die Fristen (Pay Attention to Deadlines)

While there’s no strict legal deadline for *reporting* the wrongly delivered goods, it's best to do it as soon as possible. Delaying the notification can make the process more complicated. Keep in mind the general rules regarding Gewährleistung (warranty) and Widerrufsrecht (right of withdrawal), which can influence your rights in certain situations, though they are not directly related to the obligation to keep the goods.

Specifically, understand the difference between these two concepts:

* Gewährleistung (Warranty): This covers defects in the purchased item that existed at the time of purchase, even if they weren't immediately apparent. The legal warranty period in Germany is generally two years. * Widerrufsrecht (Right of Withdrawal): This allows you to cancel an online or distance purchase within 14 days without giving a reason. If you *did* order the item, but changed your mind, this right applies. It's a different scenario from receiving the wrong item entirely.

4. Was passiert mit der falschen Ware? (What Happens to the Wrong Goods?)

This is where the question of how long you need to keep the wrongly delivered goods comes in. Generally, you are obliged to keep the goods available for the seller to collect for a reasonable period.

Die "angemessene Frist" (The "Reasonable Period"):

There’s no specific law that dictates exactly how long this "reasonable period" is. However, legal precedent and common sense suggest that a period of around two to four weeks is usually considered adequate. This gives the seller sufficient time to organize the return or collection. This period can be shorter if the seller provides a very tight deadline, or longer if communication is slow or the seller is difficult to reach. Always document your attempts to contact the seller and their responses (or lack thereof).

Nach Ablauf der Frist (After the Deadline):

What happens after this "reasonable period" has passed, and the seller has not arranged for the return of the wrongly delivered goods? You have a few options:

* Contact the seller again: Give them a final notice, stating that if they don't arrange for collection within a specific timeframe (e.g., one week), you will dispose of the goods. Keep a record of this communication. * Store the goods at the seller's expense: You can inform the seller that you will store the goods and charge them for the storage costs. However, this can be a complicated process, and it’s generally recommended only if the goods are valuable or require special storage conditions. * Dispose of the goods: If the seller fails to respond or arrange for collection after a reasonable period and a final notice, you are generally entitled to dispose of the goods. This is especially true if the goods are low-value or taking up significant space. * Donate the goods: In some cases, you might be able to donate the goods to a charity. However, make sure you have clear documentation of your attempts to return the goods to the seller before doing so. * Keep the goods: While ethically questionable, if the seller does not respond after repeated attempts and a reasonable period, the goods may effectively become yours. However, this does *not* mean you are automatically entitled to use or sell them. You should still make reasonable efforts to contact the seller.

5. Was, wenn der Verkäufer nicht reagiert? (What if the Seller Doesn’t Respond?)

Sometimes, despite your best efforts, the seller may simply not respond. This can be frustrating, but it’s not uncommon, especially with smaller or less reputable online retailers.

In this case, continue to document all your attempts to contact the seller. After a reasonable period (again, 2-4 weeks), send a final written notice (registered mail is recommended for proof) stating that if you don't hear back within a certain timeframe, you will consider the matter closed and dispose of the goods.

6. Sonderfall: Offensichtliche Irrtümer (Special Case: Obvious Errors)

There's an important distinction to make: Sometimes, it's obvious that the goods were delivered to the wrong address. Perhaps the name on the package is completely different from yours, or the address is only similar. In these cases, you are generally obliged to make reasonable efforts to find the correct recipient or inform the delivery service. You cannot simply keep the goods if it's clear they were intended for someone else.

Wichtige Tipps für Touristen und Expats (Important Tips for Tourists and Expats)

Here are some additional tips specifically for tourists and expats in Germany:

* Language Barrier: If you don't speak German fluently, don't hesitate to ask a friend, colleague, or translator for help in communicating with the seller. * Legal Assistance: If the situation is complex or involves a significant amount of money, consider seeking legal advice from a lawyer specializing in consumer law (Verbraucherrecht). * Consumer Protection Agencies: Germany has various consumer protection agencies (Verbraucherzentralen) that can provide free advice and assistance. You can find their contact information online. * Online Reviews: Before ordering from an online retailer, check their reviews and ratings. This can give you an idea of their reliability and customer service. * Payment Methods: Using secure payment methods like PayPal can offer additional protection in case of disputes.

Zusammenfassend (In Summary)

Receiving the wrong goods can be annoying, but by following these steps, you can navigate the situation effectively:

Document everything meticulously.
Contact the seller promptly and politely.
Keep the goods available for a reasonable period (typically 2-4 weeks).
Document all communication with the seller.
If the seller doesn't respond, send a final notice.
Dispose of the goods responsibly if the seller fails to arrange for collection.

By understanding your rights and responsibilities, you can ensure a smooth and stress-free experience while shopping in Germany. Viel Glück! (Good luck!) and enjoy your stay!