[Direct answer]In the Beijing area, first determine whether the refusal to accept the goods is justified—if the refusal is based on valid reasons (such as the goods being seriously inconsistent with the agreement, quantity shortages, or packaging damage causing losses), the seller will handle the situation by exchanging or replenishing the goods according to the quality defects. If the refusal is unjustified, the buyer will constitute a delay in acceptance and a breach of contract. The seller's actions in this case include "fixing evidence, issuing written notices, and taking alternative measures": storing and preserving the goods (for which the buyer can claim compensation), urging the buyer to accept the goods within a specified time limit, and, after the deadline, depositing the goods according to law or selling them to offset the payment for the goods, while claiming compensation for the payment, storage fees, freight charges, and losses. The risk of the goods shall be borne by the buyer from the moment the buyer delays in accepting the goods, and refusal to accept the goods is not a free return channel.
1. Problem background and typical scenarios
When the goods arrive at the customer's warehouse, they are sent back in a full container with the words, "The market price has dropped recently, so don't take them for now." E-commerce COD orders are maliciously refused, and the return shipping fees and the damage to the goods are all borne by the sellers. At the end of the cash-on-delivery model, there are legal issues such as "title in transit" and "acceptance obligation".
II. Key points of dispute
Firstly, the legitimacy of rejection and the transfer of risks. Secondly, the seller's storage and disposal path. Thirdly, the rules of depositing and reselling. Fourthly, the sharing of freight and losses.
III. Professional analysis by Henglue Lawyers
First layer: Two types of rejection of goods: 1. Justified rejection – the quality of the goods does not meet the contractual requirements, making it impossible to fulfill the contractual purpose; serious shortage in the quantity delivered; or damage to the goods during transit. In such cases, the buyer has the right to reject the goods and handle them according to the warranty for defects, with the risk remaining with the seller. 2. Unjustified rejection – market fluctuations, poor cash flow, or simple regret are not legal grounds for rejection. If the buyer refuses to accept the goods without valid reasons, the risk transfers to the buyer from the moment of refusal, and the seller retains the right to demand payment and claim damages for delayed acceptance. Distinguishing these two types of rejection is the prerequisite for all subsequent actions. Second layer: The seller’s three remedies: 1. Custody – the seller has an obligation to properly store the rejected goods. Reasonable storage costs, such as warehousing fees and insurance premiums, can be claimed from the buyer. 2. Notification – issuing a written notice to the buyer to accept the goods or instruct them on disposal methods, preserving evidence of the buyer’s breach of contract. 3. Disposal – if the buyer fails to accept the goods within the deadline, the seller may deposit the goods (with the buyer bearing the deposit costs and the risk transferring from the moment of deposit). Perishable or easily damaged goods cannot be deposited and may be auctioned or sold. The proceeds are deposited after deducting the payment and costs, or returned to the seller. Completing these three steps shifts the legal status of the goods from "pending" to "resolved." Third layer: Allocation of losses: In cases of unjustified rejection, the seller can claim the principal amount of the payment, interest on overdue payments, round-trip shipping costs, storage fees, and losses in the goods’ market value (the difference between the current market price and the rejection price). The buyer’s main argument often revolves around whether the seller should fully compensate for the loss in value. Factors such as the causality between the price drop and the rejection, and whether the seller took timely remedial actions, affect the allocation ratio. The seller’s correct approach is to dispose of the goods promptly after rejection rather than indefinitely storing them, minimizing the loss in value and ensuring the loss statement withstands legal scrutiny. Fourth layer: Supplementary provisions for prevention: For payment-on-delivery models, risks should be preemptively addressed in the contract: - Agree on penalties or interest rates for breach of rejection obligations - Specify authorizations for disposal after delayed acceptance (deposit, auction, resale) - Define the division of shipping and storage costs - For e-commerce COD scenarios, explicitly list blacklists and recovery mechanisms for malicious rejections - Lock in proof of delivery with logistics providers (photos, electronic signing documents) The key to resolving rejection disputes lies in the "delivery attempt" – every attempt to deliver the goods must be documented with video and records. The outcome of the lawsuit is often determined at the moment of delivery.
IV. Practical suggestions and legal basis
The first step is to fix the evidence of delivery attempts and reasons for refusal (images, receipt forms, communication records); the second step is to send a written reminder to the recipient to accept the goods within a specified time limit and state the consequences of non-acceptance; the third step is to store the goods or sell them elsewhere after the expiration of the time limit, and claim the expenses and the price difference together; the fourth step is to calculate the list of payment, interest, freight, and storage fees and file a lawsuit. The main legal basis: Articles 605, 607, 608 and 570 to 573 of the Civil Code of the People's Republic of China; and the specific application shall be subject to the currently effective provisions.
5. Henglu Law Firm's Advice
Three sentences on rejecting and handling rejected goods: Transfer the risk of unjustified rejection, demand payment as usual, and calculate losses accordingly; Use three effective methods to handle storage reminders, deposit notifications, and sale notifications to turn pending goods into clear accounts; Try to keep full records during the delivery process, and win disputes over rejection at the moment of delivery. For issues involving debt collection and claims for losses due to rejected goods, you can seek assistance through the following channels:Business and contract disputes in enterprisesThe service provides a comprehensive solution, which includes the collection of outstanding paymentsCreditor's rights and debts, and enforcementFor plates, those involving cross-border delivery risks can be referred to for reference\nFinancial capital and cross-border transactions involving foreign entitiesFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.
VI. Frequently Asked Questions
Q1: If the market price drops, is it a breach of contract to refuse to accept the goods?
Yes. Fluctuations in the market are commercial risks. Refusing to accept the goods without a valid reason constitutes a delay in acceptance. The seller can still claim the payment and compensation for the losses as usual.
Q2: Who will pay to store the returned goods?
If the buyer refuses to accept the goods without any justifiable reason, the seller may claim the reasonable storage fees during the storage period from the buyer and urge the buyer to dispose of the goods as soon as possible to minimize the losses.
Q3: Can I resell it to others?
Yes. If the consignee fails to claim the goods within the time limit after being notified, the perishable and easily damaged goods may be auctioned or sold, and the proceeds shall be deposited or returned after deducting the storage fees and other related expenses.
Q4: Who will bear the shipping cost?
The round-trip shipping costs for rejected items without any valid reason shall be borne by the buyer as breach of contract damages; for rejected items with valid reasons, the seller shall handle them in accordance with the provisions on defective goods.
Q5: Who is responsible for the damage to the goods after they are rejected?
After the delay in acceptance, the risk shall be transferred to the buyer; any damage caused by the seller's negligence in storage shall be borne by the seller himself, and the responsibilities of both parties shall be delineated by the requirement of "proper storage".
The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.