Oh, that's really bad service


Not legal advice (I'm not a lawyer) but as far as I know, the shop has to pay for your postage in this case.

The legal term you are looking for is probably "Sachmangel". They are allowed to make up for their error if you want a refund based on the fact that an Item has a "Sachmangel", but you won't have to pay postage (not for sending it back or for getting the ordered dildo). A "Sachmangel" is best described as something being wrong with the item (wrong item, wrong color, broken).

If you were to make use of your "Rückgaberecht", you would have to pay for postage yourself, so you don't want that.

Don't just send it back, though, but ask them what they want to do to solve the Sachmangel. They could (for example) just let you keep the vibrator and send you the right one if they were to make a bigger loss through postage. They could also let you keep the old one and return part of your money (usually only if it's impossible to get the item for them or it would be way too uneconomical for them and they aren't at fault, but let's not get into details here. Sometimes it's good to know that one can't just drop a binding contract by sending back your money, though)

Check out http://www.e-recht24.de/forum/14303-...lieferung.html with translate.google.com if you want to know some details.

Maybe the laws are different if you are ordering from outside of Germany, but I wouldn't know why. And you can apparently get your money back through paypal, although it might be better to play nice (at first)