In Germany, complaints about lost, delayed or damaged packages are increasing. These are the consumer rights in such a case.
delay
If a package arrives late, it is annoying, but legally relevant only to a limited extent. According to lawyer Harald Rotter, consumers need to know that delays alone do not justify a claim for damages, as he explained to the German Press Agency (dpa). An exception are packages for which a delivery date has been expressly agreed, for example in so-called forward transactions. In such cases, late delivery may constitute a breach of contract. If the same product has to be purchased at a higher price elsewhere due to non-delivery, the injured party can have the difference reimbursed by the sender.
Lost shipment
If a package is permanently lost, recipients should always contact the sender. Because the contractual partner of the parcel service is always the sender, not the recipient. He must make an effort to investigate. “In many cases we can then locate the shipment and deliver it to the recipient,” emphasizes Alexander Edenhofer, DHL Group press spokesman, in an interview with dpa.
The buyer is only obliged to pay when he has actually received the goods, emphasizes lawyer Rotter. The customer can request subsequent delivery from the seller – ideally in writing by registered mail or return receipt. Rotter recommends setting a two-week deadline. If subsequent delivery is not made within this set period, the purchase price can be claimed back. Compensation for damages can be claimed, particularly for individual items.
damage
If a shipment is damaged, the recipient should document this immediately and report it to the parcel service. The key is to recognize the damage immediately upon acceptance and, ideally, have it confirmed by the delivery person. Shippers can then claim damages from the parcel service. However, Edenhofer explains that DHL and Post only pay for damages whose “package contents were appropriately packaged and [wenn] “The damage is not due to poor packaging”.
Special features regarding parking permits
The consumer advice center recommends that you avoid parcel delivery for high-quality products or take out insurance. Nevertheless, many customers give the parcel service a so-called drop-off permit, which allows the deliverers to drop off packages at a specific location or to neighbors. However, such approval should only be given if the storage location is really safe, DVPT chairman Klaus Gettwart told tagesschau.de. If the package is delivered as agreed and is then lost or damaged, the recipient is left with the damage. “Once approval is granted, liability shifts from the parcel service provider to the customer,” emphasizes Gettwart. The situation is different when it comes to deviations from approved storage locations. If something happens to the package, the transport company is liable.
Using the consumer advice center’s postal complaint tool, recipients can receive an initial assessment of the problem as well as templates for a written complaint. However, the tool is only for guidance; if in doubt, legal advice should always be sought.
Editorial team finanzen.net
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