{"id":12919,"date":"2022-03-08T16:33:21","date_gmt":"2022-03-08T16:33:21","guid":{"rendered":"https:\/\/zhenhub.com\/?p=12919"},"modified":"2022-10-07T18:31:25","modified_gmt":"2022-10-07T10:31:25","slug":"lost-packages","status":"publish","type":"post","link":"https:\/\/zhenhub.com\/blog\/lost-packages\/","title":{"rendered":"Lost Packages: Is it the Buyer’s or the Seller’s Responsibility?"},"content":{"rendered":"\n

While running a successful eCommerce business is lucrative, retailers need to contend with many uncertain variables and scenarios. Inventory prices and global shipping rates<\/a> fluctuate, and product demand could be just as finicky. Most small and medium retailers are still trying to find their bearings within the sector. <\/p>\n\n\n\n

One of the more tricky aspects of eCommerce is dealing with lost and missing packages. It can get costly as well. A Statista.com report<\/a> said that there will be 266 billion parcels shipped by 2026. And how many parcels get lost or go missing? Last year, more than 210 million packages were stolen in the US alone.<\/a><\/p>\n\n\n\n

There is only so much a retailer can do to retrieve their parcels. <\/p>\n\n\n\n

The biggest question about lost parcels surrounds liability\u2014who is legally responsible for the missing packages? Is it the seller, the courier, or the buyer? This article explores this question. <\/p>\n\n\n\n

Who is Liable for Missing or Lost Packages? <\/strong><\/h2>\n\n\n\n

Identifying the party responsible for missing and lost parcels can be time-consuming or challenging at the very least. The short answer is that it depends. Different jurisdictions have varying guidelines when it comes to online selling and purchases.<\/p>\n\n\n\n

In the UK, for instance, local consumers are protected by the Consumer Rights Act. A seller and a buyer enter into a legal and binding relationship that ends with the parcel delivered to the consumer in working and good order through the law. <\/p>\n\n\n\n

\u201cWhen you agree to buy goods you enter into a legal contract with the retailer. This means under the Consumer Rights Act, they\u2019re responsible for the safe delivery of your order,\u201d explains Gary Rycroft, a solicitor, and a consumer law expert. <\/p><\/blockquote>\n\n\n\n

According to the Consumer Rights Act, the retailer is responsible for any instances of lost packages: <\/p>\n\n\n\n

\u201cWith social distancing rules, it\u2019s increasingly hard to confirm if a parcel has been delivered when the business says it has. However, it\u2019s the retailer\u2019s responsibility to ensure those goods are in your hands, not just left on your doorstep where anything could happen to them,\u201d explains Martyn James from Resolver.<\/p><\/blockquote>\n\n\n\n

Beyond the missing parcels, the law also protects consumers from damaged products and late deliveries:<\/p>\n\n\n\n

\u201cIf you\u2019re not given a specific delivery date, but a window of say \u2018three to five working days\u2019, the seller must get your delivery to you within 30 days of the order being placed. This is under the Consumer Contracts Regulations 2013, (formerly Distance Selling Regulations),\u201d says James. <\/p><\/blockquote>\n\n\n\n

Unfortunately, not all regions have online selling regulations in place. In the Philippines, it wasn\u2019t until 2020 that congress passed the Internet Transactions Act. This law aims to create parameters on the obligations and liabilities for e-commerce platforms, online merchants, and couriers: <\/p>\n\n\n\n

\u201cThe ongoing practice is that consumers who buy from online platforms like Lazada, Shopee, and Zalora, are limited to the courier services selected and offered by these e-commerce platforms. In order for the consumers to be able to purchase the items they want, they have no other option but to use the courier services utilized by these online platforms. And sometimes they literally have no choice because only one courier service is offered by the platform,\u201d explains Gatchalian. <\/p><\/blockquote>\n\n\n\n

How to Prevent Lost Packages<\/strong><\/h2>\n\n\n\n

As they say, an ounce of prevention is worth a pound of cure. This statement rings true even when dealing with lost packages. As mentioned earlier, eCommerce retailers would have to deal with missing parcels at one point or the other. It\u2019s crucial to find ways to minimize these circumstances:<\/p>\n\n\n\n