If you order a parcel and it arrives damaged, you as a consumer are entitled to compensation. The seller must refund your purchase or send a new parcel containing the goods you ordered. VRT News examined what we as consumers can do if we are the recipients of a parcel containing damaged goods.
If you order a parcel and it arrives damaged, you as a consumer are entitled to compensation. However, it is not the courier company or the post office that is liable, but the sender of the parcel. As a customer you have a sales agreement with the company or individual that has sold you the goods and not with the postal worker or the courier.
The law is very clear: if a parcel arrives containing damaged goods you as a customer are entitled to a full refund or a parcel containing replacement goods that are undamaged.
The Ombudswoman for the postal and courier services Katelijne Exelmans is currently receiving a growing number of complaints about parcels that are not properly packed. Ms Exelmans told VRT News that "We mainly mediate in cases where there is a dispute about whether a parcel had been packed well enough. The sender is responsible for whether a parcel is packed properly."
Second-hand goods
Belgian and European web shops usually reimburse customers correctly if they receive a parcel containing damaged goods. However, it is more difficult when it comes to the sale of goods between two private individuals. "General consumer law only applies between a consumer and a professional vendor and not between two individuals that mutually agree a sale" Ms Exelmans explains.
The golden rule is to set clear ground rules when purchasing from a private individual. "Ask that the sender takes photographs of the parcel before it is sent so that you know how it was packed. You can also arrange to have the parcel sent insured. The sender will be able to arrange that. However, even then the parcel must be packed correctly. An insurer will not intervene if an investigation shows that the package was poorly packed."
Check the packaging before receipt
Another good tip is not to forget that you are not obliged to accept a package if it is damaged. You can even ask the postal worker or courier to confirm that you had refused the parcel because it was damaged. In that case you must also inform the vendor. This should be done as quickly as possible.