Is it possible to claim compensation if my package arrived damaged?
May 24, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
My name is Rolf Schmidt and I recently ordered a package that unfortunately arrived damaged. The package contained an expensive electronic item that I urgently need. Unfortunately, the device is not functioning properly due to the damage.
I am concerned because I spent a lot of money on this item and now I am not sure if I will receive a full refund or if I can claim damages. I am wondering if the shipping service provider or the seller is responsible for the damage and how I should proceed to claim my right to compensation.
Can you please explain to me what legal steps I can take to receive compensation? Are there any specific deadlines I need to be aware of, or evidence I should gather to support my claim? I would greatly appreciate your assistance in this matter.
Thank you in advance for your support.
Sincerely,
Rolf Schmidt
Dear Mr. Schmidt,
Thank you for your inquiry regarding the damaged package you recently received. I am sorry to hear that the electronic item you urgently need arrived damaged. I would be happy to explain the legal steps you can take to receive compensation for the damage.
First and foremost, it is important to determine who is responsible for the damage. Usually, the liability lies with the shipping service provider, as they are responsible for the safe delivery of the goods. The seller is responsible until the goods are handed over to the shipping service provider. In your case, you should first contact the seller to report the damage and request a refund or replacement.
If the seller refuses to compensate for the damage, you can take action against the shipping service provider. You should first report the damage in writing and attach any photos as evidence of the damage. It is advisable to do this as soon as possible, as there is usually a deadline for reporting damages.
To support your claim for compensation, you should gather all relevant documents such as order confirmation, invoice, delivery note, and photos of the damaged package. These serve as evidence of the damage and help to substantiate your claim.
If you encounter difficulties in enforcing your claim for compensation, I recommend seeking the advice of a lawyer who can legally advise and represent you in this matter. A lawyer can help you enforce your rights and adequately compensate for the damage.
I hope this information helps you in resolving your matter. If you have any further questions, please feel free to contact me.
Sincerely,
Anna Fuchs
