1. (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is

   1. (a) a “sale on approval” if the goods are delivered primarily for use, and
   2. (b) a “sale or return” if the goods are delivered primarily for resale.
2. (2) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer’s possession.
3. (3) Any “or return” term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this Article (Section 2-201) and as contradicting the sale aspect of the contract within the provisions of this Article on parol or extrinsic evidence (Section 2-202).

5A Del. C. 1953, §§ 2-326; 55 Del. Laws, c. 349; 72 Del. Laws, c. 401, § 8