Defective goods: who pays for transport to the seller for repair?

Free repair, expensive transport?

A heavy appliance stops working, the retailer is far away and asks you to send it back. The cost question arises before any repair begins. Under section 439(2) of the German Civil Code (BGB), the seller must bear the necessary costs of remedial performance, including transport. This concerns statutory defect claims against the seller, not automatically every paid repair or a voluntary manufacturer’s guarantee.

The statutory right to an advance for consumers is now in section 475(5) BGB. The new version applies to purchase contracts concluded on or after 31 July 2026. Under Article 229 section 72 of the Introductory Act to the BGB (EGBGB), older contracts remain subject to the previous rules; the advance provision was most recently in section 475(4) BGB. The contract date therefore needs to be checked.

The BGH case: why the buyer did not receive an advance

Case VIII ZR 109/20 concerned a horse purchased in 2017. The buyer complained of a tongue problem. The seller repeatedly offered to collect the animal free of charge for inspection and remedial treatment. The buyer refused and instead demanded EUR 1,200 to arrange transport herself. She later declared withdrawal from the contract and sought, among other things, repayment of the purchase price (paragraphs 1 to 4).

She also lost before the Federal Court of Justice (BGH). An advance is intended to protect consumers from having to finance necessary transport costs upfront. Free collection means they do not incur those expenses. The buyer could therefore not make the goods available only on condition that she received the money she demanded. Her withdrawal was ineffective in that case (paragraphs 18, 25 and 28 to 34).

What this means for appliances, furniture and other goods

Our assessment: the BGH’s general explanation of cost allocation is also useful for other consumer purchases. It does not mean that all goods must always be taken to the retailer or that every collection arrangement is reasonable. The correct place of remedial performance and the practical arrangements depend on the product and the individual circumstances. The BGH assessed the specific transport circumstances in the horse case; it did not establish a general mileage limit (paragraphs 23, 24 and 35 to 40).

Under section 439(5) BGB, buyers must make the goods available for remedial performance. For consumer purchases, the current section 475(6) BGB also requires completion within a reasonable period and without significant inconvenience. Insisting solely on a payment while refusing any inspection can therefore put your rights at risk.

Three important limits

First, the rules cover necessary costs, not an arbitrary lump sum. The requested advance must be justifiable and is subject to a final accounting. Second, the special statutory consumer protections apply when purchasing from a business; they do not apply to a purchase from a private individual (section 474 BGB). Third, returning goods for repair because of a defect is different from returning them after exercising a cancellation right. On cancellation, the consumer may have to bear the direct return costs if properly informed (section 357(5) BGB).

Nor does a dispute about transport automatically entitle you to a refund or to arrange your own repair at the seller’s expense. Withdrawal and damages have separate requirements (section 437 BGB). Consumer purchases have exceptions to the need to set a separate deadline, for example after a reasonable period following notification of the defect has expired without a remedy (section 475d BGB). The deadline requirements in the older horse purchase case therefore cannot be applied unchanged to every purchase today.

How to prepare your complaint

Our practical recommendation: agree transport arrangements in writing before instructing a carrier or refusing an offered collection. Document specific obstacles and expressly offer an opportunity to inspect the goods.

• Keep the purchase contract, invoice, purchase date and seller’s details.
• Describe the defect with photographs or video and include earlier complaints.
• State the goods’ location and weight and any obstacles to transport.
• Raise the possibility of free collection or a justified advance for necessary transport costs you would incur.
• Have the steps taken and any relevant time limits reviewed before withdrawing from the contract or arranging your own repair.