More and more people are ordering online. The work of deliverers has thus increased enormously. For this reason, there can always be delays in delivery. But what can you do if the package is extremely late or doesn’t arrive at all?
Have you ordered something online and the goods haven’t arrived despite the promised delivery date? This is not only annoying, but sometimes has consequences if the ordered goods are urgently needed. In these cases, there are clear legal options that can be exploited. We’ll explain what you can do if a package is late or doesn’t arrive at all.
Your rights when a package is delayed
When ordering online, retailers must provide an exact delivery date. There are often notes such as “available immediately”, “delivery in 3 to 5 days” or “delivery within the period …”. What many do not know: the information is binding. The goods must arrive at the recipient by the specified dates. If she doesn’t do this, the retailer is automatically in default of delivery – even without a reminder from the customer. You can then revoke the purchase contract without justification.
However, the consumer advice centers also advise the retailer to send a reminder with a reasonable deadline for online purchases. This also includes the express notice that one can withdraw from the contract in the event of a further violation of the deadline. That’s what the lawyers call a deadline with a threat of rejection – here there is one Online template from the consumer center. This saves unnecessary quarrels later.
If you only make use of your 14-day right of withdrawal and then order the product from another retailer, it may happen that the goods from the first order arrive late. You bear the return costs for the then superfluous delivery. It is therefore better to set a deadline first.
Some retailers may not be able to deliver the product you originally ordered on time and instead offer you a product with similar features. You don’t have to get involved in a deal like this. In this case, too, consumer advocates advise insisting on delivery of the original goods within a reasonable period of time.
By the way: When ordering smartphones, special legal conditions apply. Here the lawyers distinguish between actually purchased devices and so-called “transfer of use”. These are smartphones that customers pay for over a certain period of time as part of their mobile phone contract, for example. The purchase of the smartphone and the conclusion of the contract are two different legal transactions. Since there are always legal disputes in the event of a delay in delivery, the Consumer centers expert help on.
Also read: With a trick, your package will arrive faster
rights if the package does not arrive
If a package not only arrives late, but does not arrive at the recipient at all, you have to act. If the online retailer can prove that the goods were sent to the address you provided, customers can ask them to initiate an investigation.
The recipient also has the right to start a search request himself. Some parcel services claim that the retailer has to place the order because they paid the postage, but that’s not true. Because the reasoning of the parcel services is understandable, but not legally correct. To § 421 HGB Recipients may also commission an investigation. In this case, insist on your right.
It usually takes at least four weeks or longer to search for a lost package. Because of this, it probably makes sense to contact the online retailer before conducting an investigation. Reputable dealers are usually accommodating in personal discussions and will send you the goods you have ordered again.
If such an agreement is not possible, you can now easily start a search online or using the contact form. Here is a list of the best-known parcel and delivery services with a link to the relevant page:
Package left in front of the door or stolen, what now?
Some deliverers also like to leave a delivery in the hallway or in front of the door. In such cases, the package may be stolen or damaged. But who is liable in this case?
Also read: Accepting packages for neighbors can get expensive
In principle, recipients must consent to the deposit of a package at a specific location. Only then is the deliverer allowed to leave it in front of the door, for example. Incidentally, the same applies to deliveries to neighbors. This also requires the consent of the recipient. If this is not the case, the package is legally considered to have been transported but not delivered. However, very few parcel service providers adhere to this, and some even specify different delivery regulations in their general terms and conditions. In an emergency, however, these terms and conditions only rarely apply, since the shipping service provider must be able to prove that the package has reached the recipient. This is not the case when handing over to the neighbors or when filing in front of the door. The deliverer is therefore liable in the event of loss or shortage.
Incidentally, if users have ordered goods from an online retailer, the seller is obliged under the purchase contract to ensure that the goods reach the buyer in perfect condition. However, if the package is lost in transit, damaged or stolen, customers are entitled to have the ordered goods sent again.