Too little or the wrong quantity delivered: how to complain correctly

If a different quantity is delivered than ordered, this is to be treated like a defect: too small a quantity entitles you to subsequent delivery of the missing part, withdrawal or reduction. You do not simply have to keep and pay for an over-delivery.

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Your chances of getting your money back

A quantity deviation (under-delivery) is equivalent to a defect (§ 434 BGB). You can demand subsequent delivery of the missing quantity or, if that fails, withdraw or reduce the price.

With an over-delivery you do not have to pay for the excess if you did not order it. Unordered goods are not deemed accepted just because they were delivered.

What you should do now

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1. Check and document the delivery quantity
Count on receipt and record deviations with photos and the delivery note.
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2. Send a complaint
Report the deviation to the seller and, in case of a shortfall, demand subsequent delivery of the remainder with a deadline.
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3. Clarify the over-delivery
Tell the seller that too much was delivered. You do not have to pay for unordered items; agree on collection at their expense.
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4. Use further-reaching rights
If they do not deliver the missing part, you can withdraw or reduce the price and reclaim overpaid amounts.

How to spot the scam

The seller bills over-delivered goods as 'already accepted'.
The shortfall is dismissed as 'tolerance', even though a specific quantity was ordered.
You are supposed to pay for the return of the over-delivery yourself.

Frequently asked questions

Is a wrong quantity a defect?

Yes. If the seller delivers too small a quantity, this is equivalent to a defect (§ 434 BGB). You can demand subsequent delivery and, if it fails, withdraw or reduce the price.

Do I have to pay for over-delivered goods?

No, if you did not order them. You do not have to pay for unordered goods and also do not have to actively return them; inform the seller and leave the collection to them at their expense.

What if the seller does not deliver the missing part?

Set them a reasonable deadline for subsequent delivery. If it passes, you can withdraw from the contract or reduce the purchase price and reclaim overpaid amounts.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.