Who is responsible when a parcel goes missing?
Your purchase contract is with the shop. The transport contract with the courier is made by the sender; as the recipient, you are not a party to it. That is why your claim goes to the seller.
Article 20 of the EU Consumer Rights Directive (2011/83/EU) sets the rule: the risk of loss or damage passes to you only when you, or a third party you named other than the carrier, take physical possession of the goods. The exception: if you chose a carrier the trader did not offer, the risk passes on handover to that carrier.
The EU's Your Europe portal puts it plainly: the trader is responsible for damage to the goods from dispatch until you receive them. If the goods are lost on the way, the German European Consumer Centre confirms that you can get your money back from a commercial retailer.
Tip: A ‘delivered’ entry is the courier's own record, not proof that the goods reached you.
What should you do today, tomorrow and in the first week?
Note every step with its date; documenting an online order shows how to keep the records together.
| When | What you do | Why |
|---|---|---|
| Right away | Check the doorstep, letterbox and neighbours, look for a card, screenshot the tracking status | Rule out simple explanations and record time and status |
| Same or next day | Tell the seller in writing and ask for proof of delivery | The seller carries the transport risk |
| Within a week | If nothing is resolved, set a further deadline with a date | Your Europe gives one week as an example of an extra period |
| After that | End the contract, use buyer protection, or turn to a dispute body | If the extra period passes, you can end the contract and get a refund |
If no delivery was ever reported, another deadline helps: unless you agreed otherwise, the trader must deliver within 30 days of the contract (Article 18 of the Directive).
When does a parcel really count as delivered?
According to the German European Consumer Centre (EVZ), a courier may only leave a parcel outside your door if you agreed to it. If the courier does so anyway and the parcel disappears, the retailer is liable.
A safe-place permission changes this, the EVZ explains: the parcel counts as delivered once it is left at the agreed spot, and if it is stolen afterwards, you bear the loss. According to the EVZ, German case law accepts courier clauses on delivery to a neighbour only if the courier must also inform the recipient. If you found no card, tell the seller explicitly.
How do you ask for proof of delivery?
Ask the seller to find out from the courier how and where the parcel was delivered: in person, to a neighbour or at a drop-off spot. The seller is the courier's customer; in Austria, the regulator RTR states that only the sender can request a trace.
Complain in writing through your customer account or by email, so the date and content are on record. If a text message with a link offers redelivery, check it as described in parcel text without an order: how to check the message.
Sample wording
‘Hello, according to the tracking, my order no. 12345 was delivered on 10 March. I have not received it, my neighbours do not have it, and I got no delivery card. I did not allow the parcel to be left anywhere. Please send me the proof of delivery and refund the price or deliver again by 24 March. Kind regards’
What if the seller won't help?
If the extra period passes without delivery, you can end the contract and the trader must refund all payments without undue delay. You do not need to give extra time if the trader refuses to deliver, or if the agreed delivery date was essential, for example because you told the trader so before ordering.
If you paid through a service with buyer protection, you can file a claim there; German consumer centres give 180 days as an example deadline. For credit card payments, ECC-Net Italy points to a chargeback via your bank or the card scheme.
Tip: If someone writes after your complaint that a refund is waiting, check that message first: refund announced: real repayment or fake message?
Which rules and contacts apply in each country?
Five of these countries apply the EU rule. Switzerland has its own law, which can be less favourable for buyers.
| Country | Who carries the risk of loss? | Where to turn | Special point |
|---|---|---|---|
| Germany | Trader, until you receive the goods (section 475 BGB) | Consumer centres; Schlichtungsstelle Post at the Bundesnetzagentur | Free postal dispute procedure for senders and recipients (10 to 2,500 euros) |
| Austria | Trader, until you take over the goods (EU rule) | Chamber of Labour (Arbeiterkammer); RTR for postal questions | Only the sender can request a trace: 3 months domestic, 6 months international |
| Switzerland | Seller only until handover to the carrier (Art. 185 Code of Obligations) | Stiftung für Konsumentenschutz; Ombud-PostCom for postal disputes | Ombud-PostCom fee CHF 20; police report advised after theft |
| France | Seller, until you take physical possession | Seller first; DGCCRF information service RéponseConso | If the seller claims delivery, send a formal notice by registered letter |
| Italy | Seller, until you take physical possession (Consumer Code, Art. 63) | Seller first; ECC-Net Italy for information | Check with neighbours; keep receipts and correspondence |
| Spain | Seller, until you take physical possession (Art. 66 ter, General Consumer Protection Law) | Seller first; consumer organisations | Additional period appropriate to the circumstances before ending the contract (Art. 66 bis) |
In Switzerland, Stiftung für Konsumentenschutz notes that a parcel placed in the milk box counts as correctly delivered. Read the shop's shipping terms before ordering.
An example: Ciarán's missing coffee grinder
Fictional example: Ciarán in Galway orders a coffee grinder for 95 euros. On Thursday the tracking shows ‘delivered’ while he is at work. That evening he finds no parcel, no card, and nothing with the neighbours.
He saves a screenshot and writes to the shop: no safe-place permission, please send proof of delivery. The shop replies that the courier left the parcel at the front door.
Ciarán points out that this was never agreed and sets a deadline for the following Monday. The shop refunds him and settles the matter with the courier.
Common mistakes
- Spending days on the courier's hotline instead of writing to the seller.
- Forgetting an old safe-place permission and so carrying the risk yourself.
- Tapping the link in a parcel text that offers redelivery.
- Complaining only by phone without noting the date or the answer.
- Treating a rejected buyer-protection claim as the end of your rights against the seller.
Your checklist
The checkboxes are for your own reference. No entries are sent to us. To keep a copy, print the page or save it as a PDF using your browser menu.
Common questions
Do I have to prove that the parcel never arrived?
It is hard to prove that something is missing. Under EU law the risk stays with the trader until you take physical possession, and German consumer centres point out that in court the seller would have to prove that the goods reached you. Still, note where you searched and when you told the seller. For larger amounts, get advice from a consumer organisation in your country.
The seller tells me to contact the courier. Do I have to?
No. The transport contract is between the sender and the courier; you are not a party to it. Under EU rules the trader carries the risk until you receive the goods, unless you chose a different carrier yourself. Your refund claim is against the seller, who can follow up with the courier.
I gave a safe-place permission. What now?
Then the parcel generally counts as delivered once it is left at the agreed spot, and you bear the loss if it is stolen. Still ask for proof of delivery: if it was left somewhere else, raise this with the seller. Afterwards, consider switching to a pick-up point.
Can buyer protection from my payment provider help?
It can be an extra route if the seller does not respond. According to German consumer centres, providers often accept the seller's proof of dispatch and often do not check whether the goods arrived. Watch the provider's claim deadline. A rejection does not change your legal rights against the seller.
Sources and further information
Primary sources from public authorities, consumer organisations and providers. A source may be in another language; follow the guidance that applies to your service and where you live.
- Your Europe: Shipping and deliverySource review date:
- EUR-Lex: Directive 2011/83/EU on consumer rightsSource review date:
- European Consumer Centre Germany: Late delivery and lost parcelsSource review date:
- Verbraucherzentrale: When buyer protection applies (German)Source review date:
- Bundesnetzagentur: Postal dispute resolution (German)Source review date:
- RTR: Sending and receiving post (German)Source review date:
- Stiftung für Konsumentenschutz: Parcel stolen or damaged – who is liable? (German)Source review date:
- Service-Public.fr: Distance purchases, delivery of goods (French)Source review date:
- ECC-Net Italy: Parcel damaged or not delivered (Italian)Source review date:
- BOE: Law 3/2014 amending the General Consumer Protection Law, Arts. 66 bis and 66 ter (Spanish)Source review date:
