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Your package is lost, stolen, or damaged. The customer is furious. The Carrier passing the buck. And in the midst of this chaos, one question haunts you: who is legally responsible? Who should pay?
The answer to this question is not a matter of opinion, it is a legal fact. Misinterpretation can cost you not only the value of your merchandise, but also the trust of your customers and your reputation.
Forget hearsay and approximations. This guide will reveal, without jargon and with surgical precision, what French and European law requires. You will know exactly when the burden of responsibility shifts from your shoulders to those of your client.
The Golden Rule in France and Europe: You Are Responsible Until the Package Is Delivered
Remember this sentence, because it is the cornerstone of the entire system. As a professional seller (retailer, freight forwarder, etc.) shipping to a consumer located in the European Union, the law designates you as the sole party responsible for the goods until your customer takes physical possession of them.
This is not a simple recommendation, it is a legal obligation enshrined in the Consumer Code (Article L216-4) in France, and harmonized at European level by Directive 2011/83/EU.
What does this mean in practical terms?
Whether the package is in the hands of the USPS, FedEx, DHL, or any other Carrier YOU have hired, it is as if it were still in your warehouse. The risk of loss, theft, or damage rests entirely with you, the professional shipper.
The Key Moment of Delivery: When Does the Transfer of Ownership (and Risks) Take Place?
The law is clear: the transfer of ownership and the transfer of risks are linked to the consumer taking physical possession of the goods upon delivery.
This decisive moment is not the shipment. It is not the scan at the sorting center. It is the precise moment when the package leaves the supply chain and enters the customer's sphere.
Here are the most common scenarios for deliveries:
- Hand delivery: The transfer takes place when the customer (or a person designated by them) signs the delivery note. This signature is irrefutable proof of transfer.
- Mailbox delivery: The transfer takes place when the package is physically placed in the customer's standard mailbox. The Carrier tracking information Carrier authoritative.
- Pickup at a pickup point: The transfer takes place when the customer arrives at the pickup point, presents identification, and signs to collect their package.
Until one of these actions has been taken, the package remains your responsibility.
Who pays and when in the event of a dispute related to a delivery?
Your Risks as a Shipper: Total Liability
Understanding the rule is one thing. Assessing the consequences is another. Until the transfer is complete, here are the risks you face:
- Financial Obligation: If the package is lost or damaged, you have no choice. You must, at the customer's discretion, either reship an identical product at your expense or refund the entire order (product + shipping costs).
- The Administrative "Double Punishment": It is not up to the customer to fight with the Carrier. It is up to you to open an investigation, compile the claim file, and attempt to obtain compensation from Carrier. In the meantime, you must already have satisfied your customer.
- Reputational Risk: A customer who has to fight to receive their goods is a lost customer. Worse still, it is a customer who will share their bad experience. How you handle the incident is just as important as the sale itself.
Exception: Retention of Title Clause
In your general terms and conditions of sale (GTC), you can insert a clause stipulating that you remain the owner of the goods until full payment of the price.
Please note: this does NOT relieve you of the risk associated with transport, regardless of the Carrier Chronopost, DHL, UPS, FedEx, etc.). You remain responsible for the delivery, even if the goods no longer "belong" to you legally after payment.
The Only Exception That Transfers Risk to the Buyer
There is only one scenario in which you can be relieved of responsibility for transportation. It is rare but crucial to know about.
The risk is transferred to the buyer as soon as the goods are handed over to Carrier THE CARRIER HAS BEEN CHOSEN BY THE CONSUMER THEMSELVES, AND THEREFORE BECOMES THE TRANSPORT AGENT, and this Carrier proposed by you.
Concrete example:
You are selling a valuable piece of furniture. The customer refuses the carriers you suggest and hires their own specialized transport company to pick up the item from your warehouse. Once you hand over the furniture to the employees of this company, your responsibility ends. If the furniture is damaged during transport, it is the customer's responsibility.
NB: This does not work if you offer multiple carriers/delivery methods on your site. In this case, you remain the transport agent.
How to Protect Yourself Effectively: Your Legal and Practical Shield
Since the risk is on you, you must protect yourself.
- Ad Valorem Insurance is NON-NEGOTIABLE: NEVER ship a valuable item without taking out insurance that covers its actual value. The flat-rate compensation offered by carriers is insignificant (€20 to €30/kg). It is your only financial safety net.
- Insist on indisputable proof of delivery: Always opt for signature-on-delivery for valuable items. This is the strongest legal proof.
- Rock-solid Terms and Conditions of Sale (TCS): Have your TCS drafted by a professional. They must clearly state the delivery terms, returns policy, and retention of title clause.
Synthesis, the law is clear: as the sender, you are the owner and responsible for your package until it is physically delivered to the recipient; the risk only transfers to them upon proven delivery. Ignoring this principle is not an option; it is a risk that your company cannot afford to take. For more information, seeDirective 2011/83/EU.