Short answer. Yes. Under Article 1587 of the Civil Code, if you refused the goods but then voluntarily took custody of them, you become liable as a depositary. That means you owe a duty of care over the goods for as long as they remain with you — refusing them does not excuse careless handling once you agreed to store them.
What the law says
If he voluntarily constitutes himself a depositary thereof, he shall be liable as such.
Civil Code, Article 1587 — Buyer's Refusal to Accept. Read the full provision →
Refusal does not require physical return
Article 1587 of the Civil Code begins from a buyer-friendly position: when goods are delivered to you and you have the right to refuse them, you are not bound to return them to the seller. Notifying the seller of your refusal is sufficient. The transportation and logistics of recovering the goods fall back to the seller. This is the default rule — but it comes with a critical qualification that many people overlook.
Voluntarily storing the goods triggers depositary duties
The moment you agree to keep or store the refused goods — even informally — you constitute yourself a depositary. The law treats you as if you entered into a contract of deposit over those goods. A depositary must take care of the goods as a good father of a family would. If the goods are damaged, lost, or deteriorate while in your custody, you may be held responsible — unless you can show the harm was not due to any fault on your part. Your refusal of the underlying sale does not protect you from this separate liability.
What depositary liability means in practice
As a depositary, your obligations run until the goods are returned to the seller or otherwise disposed of with the seller's consent. You cannot use the goods for your own purposes. If you allow them to be damaged through neglect — leaving perishables to spoil, allowing goods to be exposed to weather, or failing to prevent theft — you will face a claim from the seller. The seller can sue you not for the price of a sale that did not happen, but for the value of goods damaged or lost through your fault as custodian.
Avoiding unintended depositary status
The safest course when refusing goods is to send your notice of refusal promptly and do nothing more than leave the goods available for collection. Do not move them to storage, do not issue any receipt acknowledging custody, and do not tell the seller you will look after them while they arrange pickup. If the goods are perishable or the seller cannot collect immediately and you feel you must take some action, document everything carefully and get legal advice on what you are agreeing to before you commit to any custody arrangement.