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Transfer of risk in the case of shipped goods

If the trader ships the goods, the risk of loss or damage to the goods is transferred to the consumer only once the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier.

Caution

In general, these rules also apply to entrepreneurs from EU Member States in Austria.

If, however, the consumer has concluded the contract of carriage himself/herself without making use of a choice proposed by the trader, the risk is transferred as soon as the goods are handed over to the carrier. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the transfer of risk.

Legal basis

Konsumentenschutzgesetz (KSchG)

Translated by the European Commission
Last update: 16 February 2021

Responsible for the content: Federal Ministry of Justice

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