Parcel delivery FAQs
Peak season for impatient customers, rushed delivery services and constant ringing on the hotlines of online shops or shipping companies. Here you will find answers from our practice to the most frequently asked questions about parcel services and delivery problems.
1️⃣ Received a deposit notice despite my presence
Although you were at home, only a note was left about the delivery at another location. If this happens regularly because the deliverers want to save time, you should report this to their delivery company. You can also contact the postal arbitration board. Otherwise, there is not much you can do, as you cannot normally prove that you were present at the time in question.
2️⃣ Who is liable for transport damage or loss of the goods?
Simple in principle - the company is liable for damage until you take delivery. Unless you have agreed a different carrier at your own request. In this case, the risk of damage or loss would be transferred to you as the customer from the moment the goods are handed over to the carrier you have chosen.
3️⃣ Check the goods immediately and have the deliverer wait?
You are not legally obliged to do this, but it has practical advantages: If you accept a parcel without raising any objections, retailers are happy to use this to reject your claim for compensation. If you discover damage when opening the parcel in the presence of the courier, you can refuse to accept the parcel straight away or accept it with reservations. If you take photos or a video of the damaged condition of the goods or the damaged packaging, this should be labelled with the date and time. If you refuse to accept the parcel, we recommend noting the damage directly on the packaging and informing the seller immediately. It is then up to the company to deliver again in order to fulfil the contract. An ‘unboxing’ video - of you opening the parcel for the first time - can be helpful in the event of a complaint.
4️⃣ Refuse to accept a damaged consignment?
If the parcel looks battered and obviously damaged, you are justified in refusing to accept it. Please note, however, that refusal to accept an ordered item does not legally constitute cancellation of the purchase contract! You must nevertheless and expressly declare a cancellation and not just refuse to accept the parcel without informing the retailer. In the case of an unauthorised refusal of acceptance, it becomes problematic if, for example, you do not return the parcel to the return address specified in the shipping conditions and which differs from the place of dispatch. This is because in the event of an unauthorised refusal of acceptance (consignment was undamaged), you are liable to pay compensation if the return consignment is lost or damaged.
5️⃣ Can a courier simply leave the parcel in front of my door?
Although this often happens in practice, it is not actually permitted! However, the risk of loss or damage is borne by the sender. If the parcel is delivered by Swiss Post, the case is clear: the parcel must be taken to a Swiss Post drop-off point. This may be regulated differently with other providers.
6️⃣ Is a handover to neighbours considered ‘lawfully delivered’?
There is no standardised regulation on who parcels can be handed over to instead. In its terms and conditions, Swiss Post stipulates that parcels can also be handed over to neighbours. You can object to this at the post office. DHL's terms and conditions state: ‘Items are delivered to the recipient address specified by the sender, but not necessarily to the specified recipient personally. Alternative delivery options are available to the recipient on request, including delivery on a day requested by the recipient (requested day), delivery without a signature, forwarding or delivery to a DHL branch or agency requested by the recipient for collection there. Certain delivery options can be excluded at the request of the sender.’
7️⃣ Can I request a different delivery company?
If your bad experiences with a courier service accumulate, you can ask the salesperson for an alternative. However, you are not entitled to this. Web shops don't like it when delivery companies ruin their reputation ‘on the last mile’. If such complaints accumulate, they may look for another logistics partner. The disadvantage of choosing your own suppliers is that you will have to deal with the delivery company alone in the event of damage or loss. In the event of problems, you should still inform the seller!
8️⃣ Am I liable for someone else's parcel if I take it over?
If you accept the parcel as a courtesy, e.g. for an absent neighbour, you are not liable for it. You have no special obligations as a result of accepting the parcel. However, you may neither open it nor use the contents.
9️⃣ Liability for loss during return shipment?
As a rule, the sales company bears the risk of loss or transport damage during the return shipment. Unless you have chosen a different shipping method than the one suggested by the company. Therefore, you normally only need to ensure that you can prove that you have sent the goods back. Otherwise, if the goods are not received, the company can claim the purchase price or prevent a refund to you. Proof of successful return is automatically generated by postal services for parcel shipments or registered letters. You will receive a confirmation and the consignment can be traced.
🔟Who bears the shipping risk for private sales?
If you buy something from a private individual, e.g. on an online marketplace such as Willhaben, you should pay particular attention to shipping. The seller's liability usually ends with proper packaging. As soon as the parcel is accepted by the parcel service, they are responsible for the transport. If there is damage or loss, you as the buyer must therefore clarify this directly with the parcel service. Please note that transport companies are generally only liable for damage that they have caused themselves. For other risks, such as extreme weather, strikes or force majeure, it is advisable to take out transport insurance.
1️⃣1️⃣ Who has to pay the return postage?
If you cancel your order, you must pay the return postage yourself in accordance with the Distance Selling Act. However, sellers very often cover these costs out of goodwill and competitive pressure. In addition, the sales company must otherwise inform you that you must pay the postage for returns. If this is not done, the company will have to bear these costs. Shipping within Austria is possible ‘freight collect’, i.e. free of charge, for returns abroad this is only possible with a return label enclosed with the goods. If this is not the case, we recommend that you request one, otherwise you will have to pay the postage costs in advance and claim them afterwards. If you can assume that the company is dubious and you will not get the postage costs back, you can also suggest that the company collects the goods within two weeks if you refuse to send a return label.
Please note: If it is a warranty case (ordered goods are defective or warranted characteristics are not fulfilled), then the retailer must bear the costs of the return shipment for online purchases.
1️⃣2️⃣ Do I have to return goods in their original packaging?
No. However, you must return the goods in such a way that they reach the recipient undamaged. For example, the Swiss Post's terms and conditions state: ‘Packaging and closure must effectively protect the contents of the parcel during the entire transport process against loss and damage as well as against stresses to which the consignment is normally exposed during transport, in particular through pressure, impact or falling, must not allow any conclusions to be drawn about the type and value of the contents and must prevent the contents from being tampered with without leaving visible traces of the tampering. The sender is obliged to provide suitable transport packaging (= outer and inner packaging) and a secure seal.’ You can take photos of the contents and packaging to be on the safe side. This way you can prove that you packed everything properly in case you need to make a complaint to the transport company.
1️⃣3️⃣ What is the right of cancellation for online transactions?
The statutory right of cancellation was created as a safeguard for those customers who order from home and are unable to inspect or try out the goods directly in the shop. Before delivery and then from the date of delivery, you can cancel the purchase within 14 days without giving any reason. However, it is not enough to return the goods without comment! You must also declare your cancellation in writing. To be on the safe side, you can send this cancellation by registered mail. Retailers must provide forms for cancelling an order on their websites. A pre-filled return label or cancellation form is usually included in the package.
However, there are also some exceptions where it is not possible to cancel an order: for example, for perishable goods, customised products, software or hygiene products.
More detailed information on the subject of cancellation can be found in our guide article ‘Cancelling an online order.’
1️⃣4️⃣ What to do if delivery is delayed?
Online retailers must provide you with an approximate delivery date. If the retailer does not deliver as announced, it is in so-called ‘default’. You can then cancel your order and claim your money back. If an exact delivery date was promised and this is not honoured, you may even be able to claim compensation. Please note, however, that approximate information such as ‘delivery time 3 to 5 working days’ is no guarantee of a fixed delivery date. Read more about this in our guide article on delayed delivery.
1️⃣5️⃣ Have I unexpectedly received an unordered parcel?
Unfortunately, it happens all the time: you receive a parcel unexpectedly without having ordered anything. Don't panic! You are not obliged to pay for or keep these goods. The same applies if you receive something else instead of the goods you ordered. If you are repeatedly confronted with unwanted deliveries and the retailer claims that you have placed an order, we recommend that you contact a consumer advice centre. Read our guide article on the subject of order fraud.
1️⃣6️⃣ Who can help me with complaints?
Which consumer protection centre can help you with problems with orders or deliveries depends on which company caused the problem:
- If you have a disagreement with a company in another EU country, you can contact us, the European Consumer Centre (ECC) Austria.
- If you have a problem directly with the delivery service, contact the Postal Arbitration Board of the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR GmbH).
- If you have difficulties with a trading company based in Austria, it is best to seek legal advice from the VKI.