You have just placed an order, and your parcel is on its way to your home or chosen collection point. If your parcel arrives damaged, or if it has been stolen, who will be held responsible? Do you have any recourse? Let's take stock.

NB: this article is based on current French legislation, but it should be noted that certain scenarios are also governed by contracts between sellers and carriers, and by the seller's General Terms and Conditions of Sale.

Who is legally responsible for a parcel?

In France, responsibility for parcels in the event of a problem (loss, damage, late delivery, etc.) depends on the specific circumstances of the transaction and the roles of each of the parties involved: the buyer, the seller and the carrier. Here are the general rules:

The seller:

- Liability until delivery: In principle, as long as the parcel has not been delivered to the buyer, the seller is liable for the goods, including during transport. This rule is based on the French Civil Code (Article 1604 of the Civil Code), which stipulates that the sale is deemed complete when there is agreement between the parties, but the transfer of risk (damage or loss) occurs at the time of delivery to the buyer.

- The seller must deliver to the buyer: The seller is therefore responsible for the proper delivery of the goods. If a problem arises (loss or damage), the seller must either replace the item or refund the buyer, depending on the terms of sale and the nature of the problem. Be sure to check the seller's terms and conditions.

The carrier:

- Carrier's liability: If a carrier is involved, it is liable for the parcel during transport, provided that the transport contract specifies that the carrier is responsible for the transport service. If the parcel is lost or damaged during transport, the carrier may be held liable.

- Regulations: The carrier's liability is governed by the Transport Code and the Vienna Convention (international convention on the carriage of goods by road). However, a carrier may limit its liability depending on the specific terms of its contract, particularly in cases of force majeure or customer fault.

The buyer:

- Liability after delivery: Once the parcel has been delivered to the buyer (i.e. once it is in their hands or in the hands of a designated person), the buyer assumes responsibility for the goods. This includes checking the condition of the parcel upon receipt.

- If the parcel is damaged or missing upon delivery: The buyer must report any damage or missing items upon receipt of the parcel, usually within 2 days (depending on the terms and conditions of the transport company and the seller). If the buyer fails to make this declaration, they may lose their right to compensation or repair.

What you need to remember as a buyer:

- The seller is liable until delivery. If the parcel is lost or damaged before delivery, it is up to the seller to resolve the issue.

- The carrier is liable for the entire duration of transport. If a problem arises during transport, the carrier may be liable, depending on the terms of the transport contract.

- The buyer is liable once the parcel has been received. If they notice a problem, they must react quickly to protect their rights. Once the parcel has been received (signature, delivery to the letterbox, etc.) and without refusal of receipt or notification, the buyer cannot claim a refund or replacement of the product.

- As the buyer, if there is a problem, contact the seller. You cannot know what contracts have been agreed between the seller and the carrier. In the vast majority of cases, the seller will therefore be your point of contact.

World iTech customers, here is what we recommend:

- Refuse the parcel (regardless of the carrier) if you notice that it is damaged and contact us.

- If the parcel was delivered to your letterbox in your absence, contact us as soon as you notice that the parcel is damaged. Take photos and videos of the entire parcel.

My parcel is marked as delivered to my letterbox but has been stolen. What should I do?

This applies to parcels delivered without a signature.

If you have followed the process, everything will depend on when the parcel "disappeared".

Either it was never delivered to your home, meaning it was lost or stolen during transport,
or it was delivered to your letterbox and stolen from there.

For the first option: the seller and/or the carrier is/are responsible. Contact the seller. They will contact the carrier, who will conduct an investigation.

For the second option: if you have followed correctly, once the parcel has been delivered, in this case left in your letterbox, the seller and the carrier are no longer liable. As with the first option, contact the seller and explain the situation. Again, they will contact the carrier before investigating to obtain any evidence, in particular proof of delivery.

However, since the delivery method is "no signature required", you will have no recourse once the carrier claims to have delivered the parcel.

You can always file a complaint at the police station for theft against an unknown person. This may be useful if you are not the only one affected in your neighbourhood, for example.