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Emergency

Goods don't arrive: delivery default, extended deadline and withdrawal

A reputable retailer does not deliver even though you have paid or the delivery date has passed? Then there is delivery default. You can set a reasonable extended deadline and, after it expires, withdraw from the contract and reclaim your money, plus any default damage.

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Your chances of getting your money back

If the seller does not deliver by the agreed date, you can set a reasonable extended deadline and, after it expires, withdraw (§ 323 BGB), and then you get the purchase price back.
If a fixed delivery date was agreed (fixed-date transaction) or the seller seriously refuses delivery, the extended deadline is even dispensable. In addition, default damage can be reimbursed.

What you should do now

  1. 1

    1. Check the delivery date

    Clarify which delivery date applied. If no date is given, 'without delay' is owed; in consumer purchases often 30 days at the latest.

  2. 2

    2. Set an extended deadline

    Demand delivery in writing with a reasonable extended deadline and announce withdrawal in the event of non-delivery.

  3. 3

    3. Declare withdrawal

    If they do not deliver, declare withdrawal and demand repayment of the purchase price.

  4. 4

    4. Reclaim your money

    If you paid by card/PayPal, you can additionally use buyer protection/chargeback. You can demand reimbursement of default costs (e.g. a more expensive replacement purchase).

How to spot the scam

  • The delivery date is repeatedly postponed without a binding commitment.
  • On follow-up inquiries there is no longer a clear answer.
  • Advance payment is demanded and then no delivery follows; check whether a fake shop is involved.

Frequently asked questions

When may I withdraw due to delivery default?

When the delivery date has passed and you have unsuccessfully set a reasonable extended deadline (§ 323 BGB). With a fixed date or serious refusal to deliver, the extended deadline is dispensable.

Do I get my advance payment back?

After valid withdrawal yes, the seller must reimburse the purchase price. When paying by card or PayPal you can additionally use chargeback or buyer protection to get your money faster.

Can I demand extra costs for a replacement purchase?

Yes, damage arising from the default, such as the extra costs of a necessary replacement purchase, you can assert as default damage if the seller is responsible for the default.

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.