You have not received your order and the seller claims they are not responsible. You question his responsibility

 

You have not received your order and the seller claims they are not responsible. You question his responsibility

 

You have placed a remote order (by phone, Internet, etc.). You have not received your order or it has arrived damaged. The remote seller returns you to the carrier, arguing that he is not responsible for the loss or damage to the package.

 

Send him a registered letter with acknowledgment of receipt to remind him that he is fully responsible for the proper execution of the order, even if this obligation falls on another service provider (in particular the carrier) and that he does not can be exonerated from its responsibility by proving that the non-performance or the improper performance of the contract is attributable to the consumer, to force majeure or to the act of a third party to the contract (article L. 121-20-3 paragraph 4 of the Consumer Code).

 

However, the carrier is not a third party to the contract (Cass. Civ. 1st, November 13, 2008, appeal n ° 07-14856).

 

recommended letter with receipt note

 

Order reference: (…)

 

Dear,

 

On (date), I placed an order with you by (specify the means of conclusion: telephone, Internet). This was to be delivered to me on (date).

 

Following (or during) my reminder made on (date) by (specify the means of reminder), you affirmed having sent it and that you were not responsible for the possible loss of the parcel, suggesting to me then to return to the carrier.

 

However, under Article L. 121-20-3 paragraph 4 of the Consumer Code, you are fully liable. Also I ask you to make a new delivery within eight days, from the receipt of this.

 

Counting on your diligence, please accept, Madam, Sir, the expression of my best regards.

 

(Signature) 93