Consignment of opinion
Of a consignment on when spoken, cause after a contractual agreement to view delivered is. The recipient must keep them properly and send them back at his own expense if he does not want to keep them.
Often things are purchased as part of a trial acc. § 454 BGB , in which the contract is concluded subject to the condition precedent of approval, which is at the discretion of the buyer. According to Section 455 of the German Civil Code (BGB), consent must be given within an agreed period or a reasonable period determined by the seller . If the thing was handed over for inspection, as in the case of the consignment, his silence applies in accordance with § 455 S. 2 BGB as approval.
Delimitation of the delivery of unordered goods
If, on the other hand, it is a question of unordered goods that an entrepreneur has sent to a consumer , acc. § 241a BGB no claim to payment. The essentially competition law provision is intended to protect the consumer from annoying and offensive forms of distribution.
One thing is then untilled when the consumer has received them without a prompt attributable to him - a invitatio ad referendum to have given -. In the case of similar circumstances, incorrect assessments can occasionally occur. The contestation of a contract - even after fraudulent misrepresentation ( Section 123 BGB) - does not mean that the thing would suddenly be classified as unordered. Consignments of goods that were delivered as part of an ongoing business relationship or upon request do not fall under the regulation of Section 241a (1) BGB.
