When a customer received the wrong item, German law treats it as a defect: if a shop delivers something other than what was ordered, that counts the same as a defective product (§ 434(5) BGB). The customer can first ask for the correct item, and you pay shipping in both directions (§ 439(2) and (6) BGB). Once you send the correct item you may ask for the wrong one back, but you arrange and pay for the return.
For you as the merchant, a wrong item delivered is mostly a process question. The right item should reach the customer quickly, the wrong one should come back, stock should be correct, and you want to know why it happened. This guide uses German law (as of October 2026), which implements the EU Sale of Goods Directive; other countries have their own wording. It covers the legal frame first, then the process, with reply templates.
Wrong item delivered: what the law says
§ 434(5) BGB puts the delivery of a different item on the same footing as a defect. German lawyers call this an “aliud”. In practice it makes no difference whether the customer got a completely different product or only the wrong variant. A black sweater in L instead of M is a wrong delivery just as much as a mug instead of a plate.
The wrong quantity usually falls under the same rules. The agreed characteristics of goods expressly include quantity (§ 434(2) sentence 2 BGB). If an item from the order is missing, the same legal guarantee rules apply in principle as for a wrong item.
So the normal rights for defects under § 437 BGB apply. Claims for cure and damages generally become time-barred two years after delivery for movable goods (§ 438(1) no. 3 and (2) BGB); for consumers, § 475e BGB can push the end date back. How the legal guarantee relates to a voluntary warranty is explained in legal guarantee vs. warranty.
The customer’s rights, step by step
The rights come in stages. First you as the merchant get the chance to fix the mistake.
1. Cure (Nacherfüllung). The customer can choose between having the defect remedied and receiving a defect-free item (§ 437 no. 1, § 439(1) BGB). With a wrong delivery this almost always means: you send the correct item. Keep in mind:
- You bear the costs needed for the cure, in particular transport costs, which covers shipping (§ 439(2) BGB). A consumer can even ask you to pay these costs in advance (§ 475(5) BGB).
- With consumers, you have to carry out the cure within a reasonable time from the moment they told you about the problem, and without significant inconvenience to them (§ 475(6) BGB).
- Before you carry out the cure, you have to tell consumers that they may choose between repair and replacement, and that a repair extends the limitation period once by twelve months (§ 475(4) BGB). The templates below include that sentence.
- You cannot charge consumers for using the wrong item until it is replaced (§ 475(3) BGB).
2. Withdrawal from the contract or price reduction. If the cure fails, the customer can withdraw from the contract or reduce the price (§ 437 no. 2, §§ 323, 441 BGB). With consumers, no separate deadline is needed if you have not carried out the cure within a reasonable time after they reported the problem (§ 475d(1) no. 1 BGB). If a consumer withdraws for a defect, you also pay the cost of returning the goods (§ 475(7) BGB).
3. Damages. If the wrong delivery caused the customer a loss, such as extra costs, they can claim damages (§ 437 no. 3, §§ 280, 281 BGB). The law presumes you are responsible for the breach. To escape liability you would have to show otherwise (§ 280(1) sentence 2 BGB). A packing error in your own warehouse is unlikely to do that.
Send the correct item promptly and the case usually never reaches stage 2 or 3.
Keeping the wrong item
If you deliver the correct goods as the cure, you can demand the wrong item back (§ 439(6) sentence 1 BGB). The customer has to make it available to you (§ 439(5) BGB). You bear the cost of taking it back (§ 439(6) sentence 2 BGB). If the customer reduces the price instead, they keep the item.
Whether collecting it is worth it is a business decision. For a cheap item, the label and handling can easily cost more than the goods. Then it can make sense to let the customer keep it. Set a value threshold for this so that everyone on the team decides the same way.
Wrong delivery or withdrawal: who pays return shipping
Many customers simply write “I want to send this back” when they received the wrong item. Legally these are two different routes, and the main difference is cost.
| Withdrawal (right of withdrawal) | Wrong item delivered | |
|---|---|---|
| Reason | None needed | Wrong product, wrong variant or wrong quantity |
| Deadline | 14 days (§ 355(2) BGB) | Generally two years from delivery (§ 438 BGB) |
| Return shipping | Customer, if you told them beforehand (§ 357(5) BGB) | You (§ 439(2) and (6) sentence 2 BGB) |
| Outcome | Money back | As a rule, first the correct item, withdrawal after that |
This matters if your return portal or your standard reply deducts return shipping. With a wrong delivery you bear the costs, and even if the customer formally withdraws, a deduction is risky: you caused the return, and the customer can claim the cost as damages (§ 280 BGB). So before you reply, check whether the customer no longer wants the item or got the wrong one. Within the withdrawal period the customer can still withdraw if they want to return the whole order. The rules are in the EU right of withdrawal guide.
The process in your shop, from report to correct item
- Ask for a photo and the order number. A photo of the item with its tag or size label and the order number are almost always enough. You do not need more from the customer.
- Check picking and packing. Compare the order, the packing list and the photo: SKU, variant, size, colour. Typical causes are mix-ups between variants with similar SKUs, or two orders swapped at the packing station.
- Agree on replacement or refund. The customer decides. If the correct item is in stock, a replacement is usually what they want. If it is not available, offer a refund.
- Pay for the return. Send a prepaid return label or offer a pickup. The customer should not have to pay anything up front.
- Ship the correct item right away. Ideally before the wrong one is back. For most goods, the risk that the wrong item never returns is smaller than the frustration of a second wait. You can set a different rule for very expensive items.
- Correct your stock. A wrong delivery throws off two stock levels: the wrong item is missing from the warehouse, the right one is still there. Adjust both straight away, or you will sell goods you do not have.
- Note the cause. Item, variant, bin location, date. After a few weeks you can see whether errors cluster around certain products.
When the customer got another customer’s order
Sometimes the parcel contains another person’s complete order, with the packing slip, name and address. Then you have three things to handle at once.
- Customer A has someone else’s goods and is still waiting for their own. They get a return label for the wrong parcel and their order sent again.
- Customer B is waiting too. Send their order without waiting for the return, and let them know briefly.
- Data protection. If customer A saw customer B’s name, address or order details, this can be a personal data breach under the GDPR. You have to document such cases (Art. 33(5) GDPR). You must notify the supervisory authority without undue delay and, where feasible, within 72 hours, unless the breach is unlikely to result in a risk to the people concerned (Art. 33(1) GDPR). That assessment depends on the case; if in doubt, ask your data protection officer.
In your email, ask customer A to send the packing slip back with the parcel and not to pass the details on.
Wrong quantity: an item is missing or there is one too many
An item is missing. Check whether the order went out in several parcels and the second one is still on its way. If not, send the missing item at your cost. A packing photo or the parcel weight from your shipping software helps you assess the case, but it does not replace sending the item.
There is one item too many. Ask the customer politely to send it back with your label. For cheap items, the same value threshold as above applies.
Reply templates for a wrong item delivered
The customer reports a wrong item:
Subject: Your order {order number}, we are sending the right item
Hi {first name},
we are sorry, something went wrong when we packed your order. Instead of {ordered item} you received {delivered item}.
If that works for you, we will send you the correct item today. For the wrong one, you will find a free return label attached. Just pack it up again and drop it off in the next few days. This will not cost you anything.
Legally, you can choose between a repair and a replacement; a repair would extend your legal guarantee once by twelve months. With a wrong item, sending the correct one is usually the simplest route. If you would rather have your money back, just let us know and we will refund you.
{name} from {shop}
The customer received another customer’s order:
Hi {first name},
thank you for letting us know. We mixed up two orders, and we are sorry about that. We are sending your own order again today.
A free return label for the wrong parcel is attached. Please put the packing slip back in and do not share the details on it. They belong to another customer.
{name} from {shop}
An item is missing or the quantity is wrong:
Hi {first name},
you are right, your parcel is missing {item} ({quantity}). We are sending it today, free of charge. You will get the tracking number by email shortly.
{name} from {shop}
More templates for common cases are in our customer service email templates.
Preventing wrong deliveries
- Label variants clearly: put size and colour in large print on the bin and the item label, so nobody has to read them from the SKU.
- Scan while packing: scanning each item’s barcode against the order catches mix-ups before the parcel is sealed.
- Keep similar items apart: two variants with almost identical SKUs should not sit in neighbouring bins.
- One order at a time on the packing table: swapped parcels often happen when several open orders lie side by side.
- Review the errors: the notes from step 7 show which items or bin locations to look at first.
Where Sondercase fits
Sondercase is AI customer service for Shopify and WooCommerce stores. Replies can run fully automatically per category; refunds, cancellations, address changes and returns come fully prepared and are released with one click. How that looks for returns is shown on the page automate returns.
This article is a practical overview for merchants under German law (as of October 2026) and not legal advice. Have your return and legal guarantee policies checked by a lawyer.