What carrier liability consists of?
More and more often you buy on the internet on online platforms. Today we analyze possible problems that may arise in the reception of parcels and how to best deal with them to avoid scams.
SAFE PAYMENTS and TRANSPORT
A) SECURE PAYMENTS This mistrust has faded in recent years, as the guarantees that give payments on secure HTTPS platforms and with payments via PayPal have contributed to exponentially growing the phenomenon of ECOMMERCE also in our country. Removed the risk of fraud, always present but also discouraged by the possibility of adding online opinions and by the checks of the various price comparators.
B) SAFE TRANSPORT The parcels that are sent get bigger and bigger. Online you can also buy washing machines, televisions, bottles of wine and products of the most varied kind without any concern or fear. But what if the goods arrive damaged?
Now we will deepen the RESPONSIBILITY OF THE CARRIED GOODS
The discipline that regulates the carrier's liability is regulated by article 1698 of the civil code (Extinction of the action against the carrier).
Upon receipt of the goods, the recipient can affix THREE types of signatures on the transport document:
1) signs the receipt of the goods without reservation extinguishes the actions deriving from the contract except in the case of willful misconduct or gross negligence of the carrier which must be demonstrated by the recipient of the goods. Needless to say, it is really difficult to prove the willful misconduct or gross negligence of the Carrier and it is certainly a very difficult road to take!
2) signs the receipt of the goods with ONLY reserve if the reserve is not justified it is almost impossible to demonstrate the responsibility of the carrier since the latter will communicate that the packaging was unsuitable or insufficient. We reiterate that the CONTROL RESERVE is not enough.
3) sign the receipt of the goods with a reasoned reservation in order to have the insurance coverage of the Carrier intervened.You must write it PACKAGE NOT INTEGRATED. This procedure is the only solution that will allow you to immediately manage the complaint with the carrier and will allow you to be able to retaliate. A clear and explicit description of the damages found is imperative if you want the claim to be considered valid.
Do not hesitate to unpack the package in front of the conveyor (be careful in some cases the conveyor does not allow it!).
It is good practice to take at least THREE photos of the package. Of which a photo taken at a distance in which you can see the whole package in its entirety and also the courier's label, so that it can be proved that the package was sent by their company.
Quantity and appearance of the packaging must be checked immediately upon receipt, in the presence of the truck driver making the delivery. In case of irregularities, write down the specific reservations on the waybill and insist on a countersignature of the truck driver and take a photograph of the letter.
If the goods are damaged, take a photo of the goods and not just the single detail. The claim must always be proven by photos that document the damage to both the package and the goods.
In the event of evident damage to the packaging, the courier and the insurance company require that the specific wording of the damage be reported. The latter cannot have a generic character ("Reservation of control") but, according to jurisprudence and constant doctrine, it must have a specific indication ("Damaged Neck / Laundry / Crushed").
It is always a good practice to keep the packaging for 7/10 days, you never know if you want to return the object.
We strongly recommend: Each delivery must be promptly examined to check for damage or shortages.
What happens if you receive the goods and are damaged and you have behaved in one of the following ways:
1) signs the receipt of the goods without reservations It is not possible to instruct any compensation practice, it is not possible to ascertain the responsibility of the carrier.
2) sign the receipt of the goods with the ONLY reserve. It is not possible to instruct any compensation practice, as it is not possible to ascertain the carrier's liability.
Goods accepted with reserve ”without further details (reason for the reserve), it is insufficient and does not give any right to compensation!
3) signs the receipt of the goods with a reasoned reservation We recommend that you write down the damaged packaging by writing it in pen on the waybill that the carrier asks you to sign on receipt of delivery if you do not do so, you lose your rights to compensation or replacement,
If the carrier does not allow you to put any wording on the waybill, do not hesitate to refuse the delivery of the goods by writing the reason on the waybill in pen. If you do not do so, you lose your rights to compensation or replacement.
Whether if irregularities are noted or even if no irregularities are found, a short note must be affixed to the waybill.
Here we want to mention a last viable hypothesis, which has poor results,THE RIGHT OF WITHDRAWAL
THE RIGHT OF WITHDRAWAL between professional and private seller.
We remind you that you can exercise the right of withdrawal within 14 days of purchase. The essential condition for exercising the right of withdrawal is the substantial integrity of the goods to be returned, many sellers, if informed of the arrival of a damaged package, oppose the withdrawal.
THE RIGHT OF WITHDRAWAL between private individuals or used goods.
In the case of buying and selling on the Internet between private individuals or used goods, the right of withdrawal does not apply. The only grip for the consumer is the reporting of hidden damage, or of those damages that cannot be verified simply by looking at the package externally.
The hidden damage according to Article 1698 of the Civil Code is the responsibility of the shipper and in this case the dispute must be sent by registered mail with return receipt to the shipper no later than 8 days from receipt of the shipment, attaching photos of the damage. Keep in mind that the vector tariff refund is very small: the standard refund is a few euros for each Kg and the drawing to obtain it is often long. It is advisable not to get to this point which in the vast majority of times results in a waste of time!