§7 Passing of risk

Article 20 In contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier. Under Article 20, the risk also passes to the consumer on delivery to a carrier if the carrier is chosen by the consumer and not offered by the trader. Regular delivery of goods ordered via e-commerce, mail order etc. often takes place without immediate inspection by the consumer of the goods delivered. Under the Directive, the risk passes to the consumer on taking physical possession of the goods regardless of whether they have been inspected for defects. However, there is a requirement for fault-free delivery under the Sales of Goods Directive (EU) 2019/771. Article 11 of that directive sets out the rules on burden of proof with respect to any lack of conformity.

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