📦 Do I have to pay for goods I never ordered?

Quick answer

No — you do not have to pay for or return unsolicited goods. Anyone who sends you goods you never ordered can derive no contract and no obligation to pay from it: mere silence does not count as acceptance, and the delivery alone binds you to nothing (Section 864 ABGB). The widespread belief that you must keep, return or even pay for the item is wrong — you have no duty to store it and no duty to return it at your own cost. In distance selling, the Distance and Off-Premises Contracts Act (FAGG, LR 215.211.6), which implements Directive 2011/83/EU, states expressly: for an unsolicited delivery you owe no payment. And anyone who still demands money is engaging in an unfair, aggressive commercial practice (the blacklist of Directive 2005/29/EC). Only if you actually ordered the item, or received an obvious misdelivery, do other rules apply.

📋 The rules

No contract from delivery (Section 864 ABGB): The mere sending of unsolicited items creates no contract. Your silence is not consent, and using or not using the item creates no obligation to pay.
No duty to return or store: You do not have to return the goods at your own cost or store them. You may not, however, wilfully destroy them where it is plainly just a mistake.
Distance selling (FAGG, LR 215.211.6): The Act implements Directive 2011/83/EU and expressly frees the consumer from any counter-performance for unsolicited deliveries — EEA law that Switzerland does not have in this form.
Demanding payment is unfair: A demand for payment for unordered goods is on the blacklist of Directive 2005/29/EC (applicable in the EEA) — it is prohibited in all circumstances.
Burden of proof: If the sender claims you ordered, they must prove the order. Without that proof it stays at no obligation to pay — regardless of enclosed invoices or reminders.

🔓 Exceptions

You actually ordered: If there was an order — even oral or by a click — it is not unsolicited goods; then the normal purchase and withdrawal rules apply (14 days in distance selling).
Obvious misdelivery: If the parcel was clearly delivered to the wrong person, you may not keep it; but you only have to cooperate, not return it at your own cost.
Samples and gifts: A delivery declared as a free sample or gift you may keep; it only becomes a problem if money is demanded afterwards.

⚠️ Penalties & fines

You as the recipient bear no risk — the sender does. Anyone who demands money for unsolicited goods, sends reminders or threatens debt collection breaches the ban on aggressive practices; they can be ordered to cease and desist and fined, and a contract forced through such a practice is void. For you, the mere delivery creates no debt, no default and no record — enclosed invoices or printed reminder stages change nothing. The real harm lies elsewhere: in the scam where goods arrive by cash-on-delivery, with forged invoices or QR payment slips, betting on your fear of debt collection. In such cases do not pay, object in writing and turn to consumer protection at the Office of Economic Affairs or the Conciliation Office. Whoever pays out of uncertainty can reclaim the money — but often has to chase the mistaken payment at length.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do I have to return unsolicited goods?

No — you have no duty to return the delivery at your own cost or to store it (Section 864 ABGB). You may not, however, wilfully destroy it where it is clearly just an oversight by the sender that you happen to notice.

There was an invoice enclosed — must I pay now?

No, an enclosed invoice or reminder creates no obligation to pay if you never ordered. A contract does not arise from the mere delivery, and demanding payment for unsolicited goods is itself a prohibited unfair practice.

The sender claims I placed an order.

Then they must prove the order — the burden of proof lies with them, not with you. As long as they produce no evidence, it remains an unsolicited delivery with no obligation to pay on your side whatsoever.

Does this also apply to deliveries from abroad?

Yes, if you live in Liechtenstein and act as a consumer, EEA consumer law protects you regardless of where the sender is based. The FAGG implements Directive 2011/83/EU, which applies across the whole European Economic Area.

Is it regulated the same way in Switzerland?

Similar in outcome, but by a different route: Switzerland regulates unsolicited deliveries in Article 6a of the Code of Obligations, without EEA consumer law. Liechtenstein relies on the ABGB and the FAGG — the same principle, a different legal basis.

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