My package was delivered damaged, what steps should I take now?
February 23, 2024 | 40,00 EUR | answered by Simon Büchner
Dear lawyer,
My name is Peter Kockel and I recently ordered a package which arrived damaged upon delivery. The package contained an expensive electronic item that I urgently need. Unfortunately, I was not able to inspect the package immediately upon delivery as the delivery person did not allow time for an inspection.
Now' I am concerned that I may not be able to easily claim the item as damaged, as I do not have any evidence of the damage upon receiving the package. I have already contacted the seller, but they are not willing to offer a refund or replacement as I do not have photos or witnesses to confirm the damage.
What steps should I take now to assert my right to compensation or a replacement for the damaged item? Are there any legal options to document the damage and make a claim against the seller despite the lack of evidence? I am very worried as I have paid a lot of money for the product and now it seems like I have no way to enforce my rights as a customer.
Thank you in advance for your help and support with this issue.
Sincerely,
Peter Kockel
Dear Mr. Kockel,
I understand your concern regarding the damaged package and the electronics item it contained, which you urgently need. It can indeed be frustrating when you have no evidence of the damage upon receiving the package and the seller is not willing to offer a refund or replacement.
In such a situation, there are legal steps you can take to assert your right to compensation or a replacement for the damaged item. First of all, you should formally complain about the damage in writing to the seller. Specify that the package arrived damaged upon delivery and that you were unable to immediately detect the damage upon delivery.
It may also be helpful to contact the carrier and inquire whether it is possible to obtain written confirmation of the package's condition upon delivery. Even if there are no evidence such as photos or witnesses, such confirmation can help document the damage and support your claims against the seller.
If the seller continues to refuse to offer compensation or a replacement, you may consider taking legal action. You have the right to complain about defects and damages to a product within a certain period, even if there is no evidence of the damage. In such a case, you can consult a lawyer who can assist you in enforcing your claims and, if necessary, take legal action against the seller.
It is important that you know your rights as a consumer and do not hesitate to assert them. Even without evidence, you can still assert your right to compensation or a replacement for the damaged item by taking the appropriate legal steps.
I hope this information helps you in resolving your issue. If you have any further questions or need legal assistance, I am here to help.
Sincerely,
Simon Büchner
