Delivery is the last step in an online purchase. But it does not always go well … You are told how to assert your rights.
It suffices to launch the subject of the delivery of a purchase on the Internet during a dinner to hear as many anecdotes and setbacks as there are guests … If it is the essential step of any purchase on the Web, the delivery can cause a lot of hassle. According to a study conducted by the ITinsell company last year, 70% of online shoppers have experienced delivery problems.
Delivery is defined by theArticle L216-1 of the Consumer Code. It’s about “Transfer to the consumer of possession or control of a good” and its progress is fairly well framed by law. But the competition between e-merchants to deliver you ever faster and at a lower cost, and sometimes the poor functioning of a service, from time to time make things risky. Here’s how to protect yourself in the event of a problem.
Damaged parcel
When a package arrives damaged, it is better to refuse it, indicating the reason on the delivery note (torn tape, hole of x centimeters…). If there is no delivery note, the explanations must be indicated on the invoice. If you have the possibility, take photos of the damage to the package.
You must then contact the seller’s customer service to request a new shipment. If he does not respond favorably to this request, follow it up with a registered letter or an e-mail to the carrier and the seller.
If you are absent during delivery and you notice that the package is damaged, you must send a registered letter with acknowledgment of receipt to the carrier within three days of delivery to inform him of the apparent damage that you have observed and , at the same time, contact your seller’s customer service to request a new shipment.
If you accept the package, there are two cases: either the merchandise is in good condition and everything is fine, or it is damaged.
Damaged merchandise
When you open a package in front of the carrier and find that the goods are damaged, you can refuse the package. The procedure is then the same as in the case of a damaged package.
If you are not there at the time of delivery, you must again start by calling the seller’s customer service to indicate the problem and ask for a replacement of the product or a refund. Unfortunately, many sites refuse any recourse to customers who have not opened their package in front of the carrier. Some even indicate it in their general conditions of sale.
Be aware, however, that a seller can only be released from his liability by proving that the poor performance of the contract is attributable to the buyer or that it is a case of force majeure. Sending a registered letter or email should help you win your case.
Non-compliant merchandise
If the contents of your package do not correspond to your order, you can, again, write down your reservations on the delivery note and refuse the goods.
If you noticed the problem after delivery (the color and the model do not correspond to those of your order, non-functioning of the device …), contact customer service and ask that the goods be replaced by claiming the “Guarantee of conformity” provided for inArticle L217-4 of the Consumer Code. Return costs must be borne by the seller.
Late delivery
A professional is obliged by theArticle L111-1 of the Consumer Code to communicate “Readable and understandable” to the customer the date or the delivery time of the product he buys. In the absence of this indication, he must deliver at the latest 30 days after the order.
The seller did not respect the delivery date or the 30 legal days? You can give notice to deliver to you within a reasonable additional period that you will set by registered letter or by e-mail. If despite this complaint you are not delivered, you can request the cancellation of your order by the same means.
You can also directly request the cancellation of the sale, in particular when the delivery of your purchase is linked to an event having a specific date (a wedding, an anniversary, etc.).
If you request the cancellation of the sale, the professional must reimburse you for the sums paid no later than 14 days following termination of the contract. If he does not respect this deadline, the law obliges the seller to pay you in addition to compensation:
- 10% if the reimbursement is made no later than 30 days after this date
- 20% if it occurs no later than 60 days after
- 50% later.
Lost package
You haven’t received a package? Have you sent a query to the carrier and the seller, but neither can trace your package? You are entitled to request a refund of your purchase, under article L 216-2 of the Consumer Code, from the seller’s customer service. If one call is not enough, repeat your request by registered mail or email.
And if the seller claims to have delivered to you, know that it is up to him to provide proof that the package has been delivered to you.
The merchant is in compulsory liquidation
You are playing bad luck. Between your purchase and the delivery of your product, the merchant was put into receivership. To hope to obtain reimbursement for this purchase, you will have to send a letter to the liquidator appointed by the commercial court within two months of opening the liquidation file, obviously justifying your purchase (order form, copy of bank statement indicating payment …).
Be aware that certain creditors such as company employees, the Public Treasury, Urssaf have priority. Your request will be honored with them, if there is any money left.
In case of dispute
If the seller does not respond to your requests or in a way that you consider unsatisfactory, you can contact a consumer association such as UFC Que Choisir.
You can also use the consumer mediation procedure. Normally, sellers should indicate the relevant mediator in their Terms and Conditions. Otherwise, the list of mediators is available on the portal of the Ministry of the Economy, Finance, Action and Public Accounts.
This procedure makes it possible to settle amicably a dispute between a consumer and a seller.
You can also turn to the Fevad, if the website on which you made your purchase is a member of this federation.
The DGCCRF can also help you resolve a dispute. Finally, if you really do not succeed, you can always turn to justice. For a dispute of up to 10,000 euros, you will have to go to the district court. Beyond that, it is the tribunal de grande instance which is competent.