Restricted shipments
February 2, 2011 | 25,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
We operate an online shop and send out over 1000 packages every month.
We have provided a returns system specifically for our customers, which is highlighted on the invoice and in various processing emails.
However, we still receive unpaid shipments, which now cost us 15 euros at Deutsche Post and cause us financial damage.
I am aware of the 40 euro limit regulation, my question is whether we are required to accept packages as unpaid from a value of 40 euros, despite indicating a returns system, as we are purely an online retailer without a physical store?
Dear questioner,
If the returns system is designed in such a way that the customer incurs no costs by using it, you are not obligated to accept unpaid shipments. This is because according to § 254 BGB, customers must make use of the returns system.
You should clearly inform the customer at the time of contract conclusion that you will not accept unpaid shipments because the returns system offers a free return option.
If the returns system is set up in a way that incurs costs for the customer when using it, for goods valued over 40 euros it is not compatible with § 357 II BGB to refer customers to the returns system, and you must accept the unpaid shipments.
Sincerely,
Bernhard Müller Attorney at Law
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