§5.5.5 Risk when returning the goods to the trader

The Directive does not regulate who bears the risk for accidental damage or loss during the return of the goods when the consumer withdraws from the contract. Therefore, this matter is also subject to national laws, which may, for example, provide that the risk during the return of the goods lies with the consumer once it is transferred to him or her upon delivery in accordance with Article 20. In principle, when returning the goods, the consumer should take reasonable care, for example, by choosing an established transport or postal service provider, to ensure that the goods reach the trader and are not damaged in transit. Where the consumer has never taken physical possession of the goods, e.g. by refusing to take delivery, either without any explicit statement or with a statement to the trader about withdrawal from the contract, the trader would continue bearing the risk of loss or damage since no transfer of risk to the consumer will have taken place according to Article 20.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07