Transfer of ownership of parcels: a comprehensive guide to European e-commerce

‍Introduction

Imagine: you order a product online, and you can't wait to receive it. But things don't go according to plan during transport: loss, damage or missing product are unfortunately commonplace. Whose responsibility is it, and what recourse do you have in the event of a transport dispute? These are the crucial questions surrounding the transfer of ownership of parcels, an essential aspect of online commerce (particularly within the European Union).

Since 2011, European legislation has provided a framework for the transfer of ownership to ensure the smooth flow of trade while protecting everyone's rights. Differences remain between EU members, but this directive has greatly helped to harmonize local regulations. But how do you navigate the legal texts and regulations? What are everyone's responsibilities?

This article will explain what European legislation says about the transfer of ownership of parcels. You'll also see the similarities and differences in the application of Directive 2011/83/EU between member countries. In this article, you'll also find out about possible remedies, as well as the practical aspects you need to be aware of to avoid disputes.

European and national legislation: similarities and differences

In the EU, the Consumer Rights Directive 2011/83/EU governs transactions between professionals and consumers. It clearly states that, unless otherwise stipulated in the contract, the transfer of ownership of a good (including a parcel) generally takes place at the time of delivery.

This directive aims to protect consumers, including private individuals, by offering clear guarantees on the ownership of purchased goods. However, each member country may have its own specific legal and commercial requirements.

Examples of differences between member countries:

• Delivery times: Some countries may have stricter rules concerning delivery times, which must be detailed and specified in the T&Cs or in a dedicated section.
• Return policy: Rules concerning product returns may vary from country to country. Some may require that the seller bear the cost of returns.
• Liability for loss or damage : Although the directive establishes the principle of the seller's liability up to delivery, some countries may have exceptions or nuances (e.g. there are nuances in Italy unlike France and Germany).

When buying over the Internet, it is therefore advisable to check the legislation of the country in which the merchant is based.

Seller's responsibility for transfer of ownership

The seller's responsibility in transferring ownership is an essential aspect of online commerce. Here are a few key points to consider, whether you're a buyer or a seller:

• Obligation to deliver in conformity: The seller is obliged to deliver the product in conformity with the sales contract / general sales conditions (GSC). This includes responsibility for ensuring that the product reaches the consumer in good condition.
• Risk of loss or damage : Until actual delivery, the risk of loss or damage to the product rests with the seller.
• Unfair clauses: Any clause in the GTC that attempts to transfer this risk to the consumer before actual delivery may be considered unfair and contrary to European legislation.
• Consumer protection: European legislation aims to protect consumers by ensuring that the seller assumes responsibility for the product until delivery.
• Consumer remedies: In the event of non-compliance with these obligations, the consumer has legal remedies to obtain redress, including replacement of the product or reimbursement.

Practical examples:

• Lost parcel: If a parcel is lost in transit, the seller must, in principle, reimburse the consumer or return a new product.
• Damaged parcel: If a parcel arrives damaged, the consumer may refuse delivery or request a replacement or refund.
• Product returns : Rules concerning product returns (time, terms, fees) vary from country to country. In most cases, the shipping agent is responsible for delivery. In all cases, please send your parcel with the utmost care, and in the event of a dispute, we invite you to check the terms and conditions of the site concerned.

FAQ: Case studies

• When does transfer of ownership take place? In general, and as indicated above, transfer of ownership takes place at the time of delivery, unless otherwise stipulated in the contract.
• Who is responsible if the package is lost or damaged in transit? The seller is responsible for the package until it is actually delivered (see the status of the carrier, appointed by the seller, as proof of this).
• What should I do if my parcel is damaged? Of course, it's best to refuse the parcel and then inform the seller. The second option is to describe the condition of the parcel to the deliveryman. If in doubt, you can ask to open the parcel in front of the delivery person to see the condition of your goods. Finally, if after opening the parcel you realize it is damaged, contact the seller as soon as possible to report the problem and request a replacement or refund.
• What should I do if my parcel is lost? If you see on the tracking screen that your parcel is not on its way, contact the seller as soon as possible to report the problem. He will then come back to you to check the loss with the carrier and give you the refund details.
• Are clauses transferring liability to the consumer prior to delivery legal? No, such clauses may be considered unfair and contrary to European legislation.

Conclusion

European Union legislation on the transfer of ownership of parcels provides a protective, harmonized framework for purchasers. However, this article draws our attention to the fact that national legislations have some leeway when it comes to applying this directive. For consumers, understanding these rules is essential to consuming within European e-commerce.

For e-tailers, as we've seen, it's crucial to be familiar with current legislation to avoid disputes that could have a major impact on their business. And that's why Claisy was created: to secure the business of e-tailers and guarantee customer satisfaction.

Need extra protection for your shipments? Discover Claisy's insurance solutions, specially designed for e-commerce professionals.

Don't hesitate to contact us to find out more, and don 't hesitate to read our article on refunds: the new parcel fraud!

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