Parcel delivery
In the fast-growing e-commerce sector, efficient and reliable parcel delivery is essential. The European Consumer Centres Network notes that, despite extensive EU legislation to protect consumers, there are still many problems with parcel delivery and returns. Unfortunately, this is also because retailers do not comply with the rules already in place, which affects consumer satisfaction and confidence. The EPC Network has therefore drawn up an overview of the most common problems in parcel delivery and returns, based on information from consumer complaints, highlighting consumers' rights and the need to improve their protection.
Most of the problems relate mainly to:
- non-delivery of parcels (despite the possibility of tracking parcels),
- the delivery of parcels without the required signatures or passwords,
- damaged parcels,
- incorrect or missing contents in parcels,
- return of parcels (e.g. in the event of a withdrawal from a contract or the non-conformity of the product ordered),
- requests from sellers to provide a police report in the event of missing contents in a parcel.
What are consumer rights? How should consumer proceed?
Non-delivery of parcel
The risk of loss (or damage) of goods dispatched passes from the trader to the consumer when the consumer physically receives the goods. The fact that the consumer's electronic user account with the trader or the delivery service's tracking system shows that the parcel has been delivered does not prove that the consumer has actually received the parcel or its contents. In the event of a dispute, the trader must therefore provide clear evidence that the consumer has actually received the parcel in his or her physical possession. Delivery companies often leave parcels at the door, in corridors, with porters, etc. In order to transfer the risk of loss or damage to the parcel or its contents to the consumer, the consumer must collect the parcel in person or authorise a third party to do so.
Non-delivery or disappearance of the parcel from a mailbox
Mailboxes are usually considered owned by consumers. The general terms and conditions of transport or delivery services also usually state that delivery to mailboxes is sufficient to fulfil the contractual obligation. What happens if parcels are stolen from mailboxes? In such a case, have consumers already taken physical possession of the parcel?
Possession involves more than just having something within one's reach; it involves an element of control and intent.
If a parcel is placed in a consumer's mailbox but is stolen before the consumer takes it, the consumer has not exercised control over the parcel and therefore has not taken possession of it. On the other hand, the trader's obligation to deliver the product is deemed to have been fulfilled if they prove that a third party, such as a thief, prevented the consumer from taking delivery.
In such a case, the correct course of action would be for the consumer to inform the trader, who would then be obliged to file a police report. In such a case, the trader is not required to redeliver the product to the consumer. However, the consumer is not obliged to pay the purchase price or, if the purchase price has already been paid, is entitled to a refund.
Non-delivery or disappearance of a parcel at a pickup station
Parcel pickup stations are usually proposed by traders in the form of a list from which the consumer can choose and are therefore considered part of the delivery process. The risk is therefore only transferred to the consumer when they take physical possession of the goods at the parcel pickup point. If the product disappears before that time, the risk of disappearance is borne by the trader.
The situation is different if the trader does not normally provide the option of collection at the parcel pickup station and the consumer explicitly requests it. The trader may then be deemed to have fulfilled their obligation by delivering the parcel to the parcel pickup station. If the parcel disappears, the consumer will have to make a claim against the parcel pickup station.
Delivery without signature or one-time password
If the delivery options offered by the trader indicate delivery with a signature or one-time password and the parcel has simply been left in the letterbox, the trader has not fulfilled their delivery obligations. In this case, the trader is liable for any loss or damage to the goods, as the delivery service is chosen (authorised) by the trader.
Delivery of a defective or damaged product
The regular delivery of goods ordered via e-commerce, mail order, etc., often takes place without the consumer immediately inspecting the delivered product. As stated above, the risk passes to the consumer when they take physical possession of the parcel, regardless of whether the contents have been inspected for defects. Nevertheless, Article 11 of Directive (EU) 2019/771/EU lays down rules on the burden of proof in relation to any non-conformity of the delivered goods. The above mentioned Article provides, inter alia, that an instance of non-conformity that becomes apparent within one year of the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For example, consumers may receive a parcel that does not appear to be damaged on the outside, but when they open it they find a damaged product inside. When consumers complain to the trader, their requests for a replacement product or a refund are often rejected. Traders claim that the consumer has accepted the delivery from the delivery service without objection, which means that they have accepted the condition of the goods. As a result, if the consumer does not raise any immediate concerns at the time of delivery, traders are often unwilling to resolve the dispute at a later stage.
Problems returning parcels
EU consumers have the right to withdraw from the contract, return the product and ask for a refund within 14 days of receiving a product purchased online. However, consumers still face a number of inconveniences and challenges in this case, such as:
- non-acceptance of returned products by sellers,
- delayed refunds,
- risks related to return shipping liability,
- complicated return procedures,
- unjustified costs associated with returns,
- return errors (e.g. returns to the wrong seller's address),
- non-compliance with legal repair guarantees by sellers.
In the event of withdrawal from the contract, unless the trader has offered to collect the goods unilaterally, the consumer must send the goods back or hand them over to the trader or to a person authorised by the trader to collect them.
According to the Guidelines on the interpretation and application of Directive 2011/83/EU, Article 13(1) requires the trader to make the refund without undue delay and at the latest within 14 days from the date on which the consumer notifies the trader that they are withdrawing from the contract. For sales contracts, the trader may withhold payment beyond that period only until they have received the goods or at least until the consumer has provided proof that the goods have been sent back.
In practice, traders thus very often make the return of payment conditional on their actual receipt of the returned product first.
Trader's request to file a police report
The trader bears the risk of loss or damage to the goods until delivery to the consumer. Therefore, the responsibility and risk for any event occurring while the consumer does not yet have the parcel in their possession should be borne by the trader. In such a case, the consumer's obligation is only to inform the trader and the delivery service of the eventuality so that the trader does not lose any recourse they may have against the delivery service.
However, traders regularly shift the burden of proof of non-delivery or damaged products to the consumer by requesting copies of identity cards, non-receipt declarations and even police reports or records. Traders also usually do not mention these procedures in their general terms and conditions and consumers are not informed of them in advance. This shifting of responsibility or obligation from the trader to the consumer can be considered an unfair practice.
You can read the recommendations of the EPC Network to policy makers on these issues here.
Sources:
Directive (EU) 2011/83
Directive (EU) 2019/771
Law of Property Code (SPZ), Official Gazette of the Republic of Slovenia [Uradni list RS], No 87/02, 91/13 and 23/20
Consumer Protection Act (ZVPot-1), (Official Gazette of the Republic of Slovenia [Uradni list RS], No 130/22)
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General Technical “How To” For Consumers