Goods Nobody Ordered

A company sends a consumer goods he never ordered, together with an invoice. Under German law, the consumer owes nothing. Section 241a of the Civil Code says that such a delivery wird ein Anspruch gegen den Verbraucher nicht begründet, creates no claim against the consumer. His silence is not a yes. The company cannot demand payment. As a rule, it cannot demand the goods back either. There is one exception. Sometimes the goods were meant for someone else, or the company wrongly believed that there was an order. If the consumer knew this or should have known it, legal claims remain. The rule cannot be changed by contract to the consumer’s disadvantage.

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