What if the gifts are not delivered before Christmas?

December 17, 2019 – 09:41 by Infodujour

You have filled your hood on the Internet but a week before Christmas, your gifts are still not delivered. What is the delivery time?

What if the package does not arrive on time or damaged? The European Consumer Centre France answers all your questions about the delivery of gifts purchased online in the European Union.
What is the delivery time for an online purchase?

The seller must deliver the goods or provide the service on the date or within the time specified in the order confirmation, unless you have agreed another date with him. If the trader does not specify a delivery time, he must deliver within a maximum of 30 days.

What to do in case of late deliveries?

– Contact the seller in writing (LRAR or e-mail) and request delivery within a reasonable additional time.
– If it still does not execute, cancel the order and request a refund of the sums paid by LRAR or e-mail. The professional must reimburse you within 14 days of the termination of the contract. The contract is considered terminated upon receipt by the professional of your written communication (LRAR or e-mail with acknowledgement of receipt).
– If the professional based in an EU country, Iceland or Norway does not respond, contact the European Consumer Centre.

If the delivery date was an essential condition for you (purchase for Christmas, a wedding, an anniversary, etc.) and you had informed the seller in writing of your need for delivery on a specific date, you can, in the event of non-delivery on the agreed date, immediately request termination of the contract by LRAR.

If I buy online from a European professional, can he refuse to deliver me to France?

Yes, since the end of geoblocking on 3 December 2018, you can buy goods and services from a professional based in another EU country, under the same conditions (same price and delivery conditions) as customers domiciled in that country. But buying does not mean delivering. The end of geoblocking does not imply an obligation for the European professional to deliver to you in your country of residence if he does not usually deliver to that country. You will therefore have to organise the delivery of your order or their collection at a place agreed with the professional.

Who is liable for loss or damage to the package?

The seller is fully responsible for any loss or damage to the package during transport. In case of loss or damage, he will have to organize a new delivery or refund you at his own expense. He can then turn against the carrier.
If you have chosen a carrier other than the one proposed by the seller, or arranged the transport yourself, you become responsible for any incidents that may occur to your package and your only contact is the chosen carrier.

How to react if the package arrives damaged?

If the package is damaged, refuse it and indicate your reasons for refusal directly on the delivery note. Be specific, avoid vague wording such as “accepted with reservation”. If you have not received one, use the invoice attached to the shipment. Take pictures of the damaged packaging and contents.
Then contact your seller and the carrier in writing, preferably by LRAR and e-mail. Request the removal of the damaged product and the return of a compliant product.
Advice: even if the package seems intact, do not hesitate to check the contents of the package in the presence of the delivery person and if necessary bring the reservations on the delivery note.

How long should I act if the package is damaged?

You have 3 days to inform the carrier and the seller of the damage, preferably by LRAR. If the carrier does not justify having given you time to check the good condition of the package, the deadline is extended to 10 days.

What to do in case of non-compliant delivery?

If your package does not correspond to what you ordered, write your reservations on the delivery note and refuse the order. Thanks to Europe, you have a legal guarantee of compliance of at least 2 years which allows you to ask the seller to exchange the goods or, if this is impossible, to refund the sums paid. Product non-conformity includes different situations: aesthetic difference, incomplete delivery, different functionalities, non-functioning…