You ordered one thing and received another
Opening a parcel to find the wrong model, the wrong flavour, or a product you never ordered is rarer than damage but more confusing: nothing is broken, yet the order is wrong. Fulfilment errors happen in every warehouse, and EU consumer law handles them cleanly, because a wrong item is not your problem to fix. This guide covers the exact steps, what rights apply, what the seller owes you, and the edge cases like extra items, pre-order substitutions and marketplace confusion. The sibling scenarios are covered elsewhere: transit damage in our damaged parcel rights guide, defects after use in the returns and warranty guide.
The legal position in one paragraph
When a seller ships something other than what you ordered, the contract has not been fulfilled. You are not obliged to keep the item, not obliged to pay return postage, and entitled to either the correct product or a full refund, at your choice in most cases. EU consumer rights for distance sales require the seller to arrange and pay for the return of non-conforming goods; the broader rights framework for a defective or wrong delivery is summarised in our rights guide. In Germany, the same outcome flows from the distance-selling rules of the BGB, and the deadline logic for your response mirrors the withdrawal windows discussed in the returns guide above.
Step by step: the first 72 hours
- Document before you unbox fully in the same way you would for a damaged delivery, whose insurance mechanics are covered in our parcel insurance guide. Photograph the label, the packing slip, and the item as found, in the box. For age-restricted goods like vapes, keep all packaging seals intact until the resolution path is agreed, since an opened device may limit restocking options on a voluntary exchange.
- Check whether it is actually wrong. Three frequent false alarms: multi-packs where flavours are listed by code rather than name (decode with the label-reading steps in how to read a vape label); variant names that differ between the product page and the packaging, a known pattern when brands rename flavours for market compliance, as our flavour-name rules and the flavour regulations guide explain; and bundled items shown only in the cart summary.
- Report the same day. Message the shop with order number, photos, and one sentence on what you received versus ordered. Same-day reports get processed faster and keep you inside any report windows the shop's terms set for visible discrepancies.
- Do not use the item. Once a device is unsealed and charged, exchanges become warranty questions rather than fulfilment errors, and the seller may reasonably decline the voluntary swap even where law would still oblige them.
What the seller owes you
| Scenario | Standard remedy |
|---|---|
| Wrong model or flavour shipped | Correct item resent, or full refund; return of wrong item arranged at seller's cost |
| Item missing from a multi-item order | Missing item shipped at no cost, once the fulfilment record is checked; see split parcels for multi-box orders |
| An item you never ordered arrived | Unordered goods are yours to keep under EU rules; no payment or return obligation exists |
| Wrong item plus damaged packaging | Both issues handled together; refuse or document, per the return logistics guide |
The unordered-item rule surprises many buyers: goods you did not order are a gift in law. Keep it, say nothing, owe nothing, though for age-restricted products it is still sensible to report it so the fulfilment error gets traced and your account records stay clean.
Why wrong items happen, and how shops prevent them
Warehouse mis-picks cluster around three causes: similar SKUs sitting in adjacent bin locations, which is common in categories with hundreds of near-identical models like our disposable range; packaging redesigns mid-production, where old and new cartons of the same product circulate together; and relay errors in split shipments, described in the split parcels guide. Shops reduce error rates with barcode verification at pick and pack; buyers can reduce them further by writing the exact variant name, not just "the blue one", in order notes, and by reviewing the order confirmation email within minutes of ordering, while cancellation is still possible per our pre-dispatch cancellation guide.
Special cases worth knowing
- Pre-orders and substitutions. If a listed model is unavailable, a legitimate shop asks before substituting; shipping a different model unasked is the same wrong-item error as above. What to expect when an ordered model is out of stock is covered in our delivery exceptions guide.
- Marketplace or reseller confusion. If you bought through a marketplace, identify the actual seller first; remedies run against them, not the platform. Our scam avoidance guide explains how to tell a real marketplace seller from a forwarding scam.
- Customs relabels. Intra-EU shipments do not pass customs, so a parcel with customs tape and a changed content description within the EU signals an unusual routing; the legitimate cases are described in VAT and customs guide.
Frequently asked questions
Who pays for return postage on a wrong item?
The seller. Non-conforming delivery means the seller arranges and covers the return; if a shop asks you to prepay, request a prepaid label, which is the standard mechanism described in our returned parcel guide.
Can I keep the wrong item and get a refund too?
No. The remedies are alternatives: correct item or refund, with the wrong item going back at the seller's expense. The only keep-it case is genuinely unordered extra goods, as the table above shows.
How long do I have to report a wrong item?
Report visible discrepancies promptly, ideally within days of delivery. Statutory rights for non-conforming goods run longer, but fast reporting keeps the fulfilment evidence fresh, as the tracking-to-claim workflow in tracking guide shows.
What if the shop's support is slow?
Escalate in writing, set a reasonable deadline, and note that payment-method protections may apply depending on how you paid; the options and their safeguards are compared in our payment methods guide.
