Delivery Liability (Loss and Damage)

Under the Distance Contracts Regulation, the seller is liable for loss and damage until the goods are delivered to the consumer or a third party designated by them. This differs from the general rule in commercial sales: the consumer does not bear the risk of errors by the carrier chosen by the seller.

Rule and Exception

• Rule: Handing the goods to the carrier designated by the seller does not pass risk to the consumer; the seller is liable for goods lost or damaged in transit.
• Exception: If the consumer asks for the goods to be sent with a carrier other than the one designated by the seller, the seller is not liable for loss or damage from delivery to that carrier.

Damaged Delivery

If damage is visible from the outside, preparing a damage report with the courier on delivery is recommended. The report makes the seller’s recourse against the carrier easier. However, the absence of a report does not automatically remove the seller’s liability until delivery; delivery in damaged condition may be proven by other evidence. If damage is noticed later, the rules on defective goods also come into play.

The Seller’s Recourse

After meeting its liability to the consumer, the seller may seek recourse from the carrier. Sellers’ contracts with carriers should therefore clearly cover compensation for loss and damage, insurance, notice periods and liability limits. Liability limits under transport law do not limit the seller’s liability to the consumer.

Damage during Returns

Where goods returned under the right of withdrawal are sent via the return carrier stated by the seller, return costs may not be charged to the consumer. The consumer, for their part, must pack the goods with care. For delivery period rules, see Delivery Period.