Carrier Liability and Online Purchase Guarantees
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:
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Signing without reservations : By accepting the goods without reservations, the actions arising from the contract are extinguished, except in the case of fraud or gross negligence on the part of the carrier, which must be demonstrated by the recipient. Demonstrating fraud or gross negligence is extremely difficult.
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Signature with general reservation : If the reservation is not justified, it is almost impossible to prove the carrier's liability, since the latter can argue that the packaging was unsuitable or insufficient. The control reservation is not sufficient.
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Signature with reasoned reservation : To activate the carrier's insurance coverage, it is necessary to write "Packaging not intact, contents are subject to control". This procedure is essential to immediately manage the complaint procedures and to be able to seek compensation. A clear and explicit description of the damage is essential for the complaint to be considered valid.
Practical Advice
- Unpacking : Do not hesitate to unpack the package in front of the carrier. Some carriers may not allow this, so check beforehand.
- Photographs : Take at least three photos of the package, including a remote photo showing the entire packaging and the carrier's label, to prove that the package was shipped by the company.
- Immediate control : Check the quantity and appearance of the packages upon receipt, in the presence of the truck driver. In case of irregularities, note the specific reservations on the consignment note, insist on a countersignature from the truck driver and take a photo of the letter.
- Packaging Storage : Please keep the packaging for 7-10 days in case you want to return the item.
What to Do in Case of Damage
- Goods accepted without reservations : It is not possible to initiate any compensation claim, nor to ascertain the carrier's liability.
- Goods accepted with general reservation : Even in this case, it is not possible to initiate any compensation procedure.
- Goods accepted with reasoned reservation : Note the damaged packaging on the consignment note. If the carrier does not allow you to write any wording, refuse delivery by writing the reason on the consignment note. Failure to do so will result in the loss of your right to compensation or replacement.
Each delivery should be promptly examined for any damage or shortages. Even if no irregularities are found, it is good practice to make a brief note on the consignment note.
