Goods completely different from the description: your rights with a wrong description

If the delivered goods deviate from the description in the offer, different qualities, features, quantity or quality, they are defective. What matters is what was agreed: the product description, images and assurances determine the owed condition.

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Your chances of getting your money back

If the goods do not correspond to the agreed condition (description, images, assurances), there is a defect (§ 434 BGB). You have the full defect rights: supplementary performance, withdrawal, reduction and possibly damages.

With online purchases, the 14-day right of cancellation often additionally comes into consideration, allowing you to exit the contract even without a defect. With a clear wrong delivery, however, the defect route is usually cheaper (the seller bears the costs).

What you should do now

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1. Prove the deviation
Compare the offer and the delivery. Secure the product description, images and assurances (screenshots) as well as photos of the delivered goods.
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2. Send a complaint
Report the defect and demand the correct goods (supplementary performance) or the reversal.
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3. Set a deadline
Set a reasonable deadline for delivery of the goods in conformity with the contract.
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4. Choose withdrawal/reduction
If the wrong goods remain, withdraw (money against return) or reduce. In an online purchase, alternatively use the cancellation.

How to spot the scam

The seller invokes that images are 'non-binding', even though specific qualities were assured.
Instead of the ordered variant, an 'equivalent' one is delivered that you did not want.
You are supposed to pay for the return of the wrong delivery yourself.

Frequently asked questions

Is wrongly described goods a defect?

Yes. If the goods deviate from the agreed condition, for example from the product description, from images or assurances, they are defective (§ 434 BGB). You are entitled to the full defect rights.

Do I have to pay for the return of the wrong delivery?

No. With a justified defect notice, the seller bears the costs of supplementary performance, including return shipping of the wrong goods. Do not let any costs be imposed on you.

Should I cancel or give notice of the defect?

In an online purchase you have both routes. With a clear wrong delivery, the defect notice is usually better because the seller bears all costs. Cancellation is the simple alternative if you do not want to keep the goods anyway.

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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.