A Reddit user wants to upgrade his gaming PC, but Amazon delivers more than he ordered. This could happen to you too. We explain what to do.
What was in the Amazon delivery? Reddit user Frequent-Remove69 ordered two products from Amazon: a Radeon RX 6750XT graphics card and an AMD CPU, a Ryzen 5 7600.
However, when he opened the shipping box, he found two of each item. So two GPUs and two CPUs. He reported this in the subreddit pcmasterrace and the subreddit pcbuild. The two posts quickly collected more than 17,000 upvotes. (As of noon, August 20, 2024).
Did Amazon also charge money for everything? According to the poster’s reports, he only paid for what he ordered – the rest came without being asked.
But what happens if you receive too much delivery in Germany? We asked lawyer Christian Solmecke what you need to do. He works as a lawyer and partner at the Cologne law firm WBS.LEGAL. He is active in the areas of IT, media, competition, copyright, commercial and internet law.
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Expert assessment: How to deal with “overdelivery” in Germany
As a buyer, do I have to contact the seller, for example Amazon?
There is at least no legal obligation to inform the retailer, as the overdelivery is their responsibility. Therefore, you do not have to actively report it to Amazon, although of course it is common decency to do so.
How long do I have to wait until I can keep the goods?
The claim for return by the seller or for payment of the purchase price only expires after three years. The period begins at the end of the year in which the claim arose. So anyone who receives an excess delivery today can still demand that Amazon return the excess delivery until the end of 2027.
What happens if I do not cooperate with the seller or no longer have the (additional) goods?
Even if you would like to keep the excess delivery, you have no right to do so. In such cases, you are “enriched” in the legal sense, without there being any legal reason for doing so. Therefore, you must help to ensure that the goods are returned to the seller. If you remain stubborn as a customer, you may even face criminal prosecution.
Who bears the return costs?
In this case, the retailer has to bear the costs of the return (transport, packaging, etc.). After all, it was he who made the mistake.
Christian Solmecke, a lawyer, was our discussion partner on a legal topic for the first time. We also spoke to him about the theoretical possibility of a lawsuit against Activision Blizzard as the operator of Diablo Immortal. Could the action role-playing game also become the subject of a fraud lawsuit in Germany, as was the case in the USA at the time?