Did you know that nine million parcels go missing in France each year, of the 1.5 billion sent? Here is what to do if your online shopping parcel is lost or stolen before it is delivered.
You can take action if:
You have not received anything by the latest delivery date indicated by the seller.
You receive a notification saying that your parcel has arrived at its destination but you have not received it.
You need to wait to take action if:
The seller has not provided you with a definite delivery date. You need to wait 30 days from the date of sending before you can take action.
You may also be advised to wait before taking further action if you contact the online retailer or sending company to ask about your delivery. They may ask you to wait until a set date before they will take further action.
If you believe enough time has passed, and you have still not received your parcel, you can take action.
Contact the seller
Contact the seller or their customer service department, preferably via phone. This line cannot be surcharged. The seller has 14 days to trace the parcel for you.
If they are unable to trace the parcel, in most cases you will be asked to swear (déclaration sur l’honneur) that you have not received the parcel. This is usually enough to start the refund process, or for the company to send you a replacement. This should be sent free.
No. The French Consumer Code (Article L.221-15) states the “strict liability” of the retailer. It is the seller who is required to honour the contract throughout “the order-transport-delivery chain”.
They cannot blame the carrier and say that the delivery is not their responsibility. They can only blame the carrier after the event, and take separate legal action themselves, as long as this does not have consequences for the purchaser of the product ordered.
For example, the seller can take action against the carrier if they are found to have acted negligently - such as leaving the parcel visible in your driveway or unsecured entrance to your building, or failing to hand it to you directly.
If you hear nothing from the seller or are not satisfied with their response, you should be able to contact the company’s customer service. Their contact details are usually given in the ‘General Terms and Conditions of Sale’ section, in the legal notices on the seller's website or on your invoice or receipt.
If you are not able to get a satisfactory response, send a registered letter (lettre recommandée avec accusé de réception).
Include:
Confirmation that the product has not been delivered
The order number
A copy of the invoice
Your request: a refund or another item to be sent free of charge.
Keep a copy of all documents sent to you, in case the issue escalates to legal action (e-mails and letters, acknowledgement of receipt, etc.).
Contact a mediator
If you are still not satisfied and the issue remains unresolved, you can contact a consumer ombudsman (médiateur de la consommation) for free.
If you and the company are both located in a European Union country, Norway, Iceland or Liechtenstein, you can also lodge a complaint on the online dispute resolution platform (plateforme de règlement en ligne des litiges, RLL) on this page.
Take it to court
The ultimate step is to take your case to the civil courts if you are unable to resolve the issue in any other way.
You may have recourse to legal protection under one of your insurance policies (home, car, or credit card). These may offer legal advice, or even provide for help with the costs of a lawyer.
You can also report your dispute to the Signal Conso website (Signal.conso.gouv.fr). This will then lodge a complaint with the consumer office la Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF), and the seller concerned.
Prevent theft
Thefts from home post boxes are increasing, especially of larger parcels that may not fit in traditional post boxes. Thefts are even being reported from inside secure buildings, with criminals finding more creative ways to enter these foyers to steal post.
It is always best to have parcels delivered to a 100% secure destination, and/or where you can minimise how long the parcel will be waiting for you to pick it up.
For example, try to arrange delivery to a secure locker or your work address rather than your home, if you are not able to be at home to receive it, or you suspect that the parcel will not fit in your post box.
Similarly, if you live in a larger building, beware people who ring your intercom or door bell asking to be let in, or who ask you down for a parcel delivery.
Be sure to lock your own front door before you come downstairs or outside. If you can, come to meet a delivery driver at the main door to the building, rather than letting them enter the foyer or entrance area alone.
