My package is lost or damaged, what now?
Imagine buying a book from an online store. Two months later, your book still hasn't arrived. Or, even if it arrives on time, it's completely damaged. What now? Who bears the risk of loss? Who bears the risk of damage? We answer all these questions in this Wanted Fact.
General rule
In a sales contract between a company and a consumer, where the company ships to the consumer, the following basic protection applies: the risk of loss or damage only passes to the consumer when the consumer physically receives the goods or at least acquires control of the goods.
In concrete terms, this means that as long as you haven't received the package (or have no control over it), the risk generally remains with the company/seller.
- If the goods are delivered to a parcel locker, the risk generally only passes when you retrieve the package from the locker.
- If you designate a third party to receive the package (e.g., a neighbor), the risk passes when that third party receives the package.
Evolution/additional point of attention: delivery time
Besides the transfer of risk, the delivery period also plays a significant role. In Belgium, the general rule for consumer purchases (e.g., online) is that the company must deliver within 30 days of the conclusion of the agreement, unless a different period has been agreed (Book VI of the Consumer Protection Act).
If delivery is not made on time, you must generally first provide an additional reasonable period. If this period is not respected, you can terminate/cancel the agreement and request a refund. In certain situations, you may even terminate immediately (e.g., if the company refuses to deliver, or if delivery within a certain period was essential).
Attention
There may be exceptional cases where the risk transfers to the consumer before the package is received. Consider, for example, the situation where the consumer insists on a specific carrier not offered by the company.
Furthermore, the "third party" who receives the package must be designated by the consumer and cannot be chosen unilaterally by the webshop, the individual, or the courier. Consider, for example, the option to indicate a neighbor or second address in the delivery service's app.
There are several possible scenarios
Ordering from an online store
An online store is a website where products and services are offered. As a buyer, you usually don't contract with the courier, but with the seller/online store.
What can the consumer do if the package is lost or damaged?
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Contact the online store/seller (preferably in writing: email or contact form with proof). The seller is your first point of contact for a solution: delivery, replacement, refund, etc. Also read the terms and conditions, but remember: contract terms cannot simply override consumer protection.
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Contact the delivery person to see if the package can still be traced (track & trace, delivery scan, photo, collection code). This can provide useful evidence, but it does not eliminate the seller's obligation to keep a record of the package.
Practical development (a more robust "step-by-step plan" for non-delivery)
- If there is still no delivery after 30 days (or after the agreed-upon period), give the seller a reasonable additional period.
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If they still don't deliver (or refuse to deliver), you can terminate the agreement and request a refund.
Ordering from a private individual
Consumer law generally does not apply to purchases from private individuals (C2C). Therefore, when purchasing from private individuals, it is especially important to check the advertisement text, agreements (chat/message), and shipping arrangements.
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If the seller ships or delivers the item themselves, they generally bear the risk of loss and damage until delivery.
- If you are supposed to pick up the item but request shipping anyway, the risk may transfer to you sooner (depending on the specific agreements).
What can you do as a buyer if your package is lost or damaged?
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Contact the private individual and try to reach an amicable agreement. In the event of loss or damage, you can often request either a new product or a refund (depending on availability and agreements).
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Contact the delivery person to track the shipment and gather evidence.
Courier error
If the package is lost or damaged due to the courier's actions, the webshop/seller (or the private sender) is generally responsible for resolving this with the courier. Consumers generally do not contract with the courier.
Examples of potential errors include: failing to ring the doorbell, not allowing a reasonable time to open the package, incorrectly scanning "delivered," leaving the package in an unsafe location, or retaining/disposing of shipments.
Tip: Report such errors to the seller as soon as possible (with a screenshot of the track & trace, delivery notification, photos, etc.).
Do you have any more specific questions?
You can also contact Wanted Law.
Also absolutely worth it!