Returns and Refunds: Your Rights


Questioner

When returning some products, I got money back at the checkout of a company. After a few weeks I received a message that I still had to transfer 25 euros to them. After some email correspondence it turned out that the people behind the counter probably gave me too much back. However, I have not counted the money and I cannot check this anymore. Am I now obliged to pay the 25 euros?

Lawyer

He who claims, proves. The company will have to prove that you received too much and if they can do that for A, then you will have to pay the amount back. If there is only a cash shortage, then it is not certain that you received the money and then you do not have to pay it.

Lawyer

You could have known it at the time (objectively), and of course you may provide counter-evidence. The shopkeeper may prove that you received too much. However, he must realize that the claim is one that will be difficult to recover in court if you are unwilling to pay back. This may also be a matter between the employee and the donor: the latter is liable for his mistakes, and may be able to claim his insurance or deduct the mistake from the salary or settle it.

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