It’s frustrating when package delivery services repeatedly fail to deliver ordered items to the specified address. Do customers have to put up with this, and what can they do? tuenews INTERNATIONAL spoke with an expert from the Baden-Württemberg Consumer Advice Center about this. The conclusion: Those affected have several options.
The inquiry was prompted by the following case: A young Syrian family lives in a new building numbered 21/1. It cannot be found on Google Maps. As a result, drivers from various delivery services constantly leave packages next door at the apartment building numbered 21. The front door of that building is always open. When the Syrian woman went there to pick up her package, a resident refused her entry. The woman threatened to call the police for trespassing.
File a complaint with the sender of the goods
The responsibility for ensuring that the package is delivered correctly “lies with the sender from whom the goods were ordered.” That’s according to Oliver Buttler, a department head at the Consumer Advice Center in Stuttgart who is responsible, among other things, for consumer rights. But be careful: Anyone who orders through a platform such as Amazon, Temu, or Alibaba often ends up with an online retailer. This retailer enters into a contract with a delivery service or shipping company to ship the package. The seller who ships the goods, says Buttler, “is responsible for ensuring that the package arrives at the correct address.” If a package does not arrive or arrives damaged, this seller—not the platform—is liable. “Complaints should therefore be directed to the seller,” says the consumer rights specialist. This can cause problems with shipments from abroad.
Choose a Different Delivery Address
A second option, according to the expert from the Consumer Advice Center, is to provide an alternative delivery address—such as a package locker, a local store, or the home of an acquaintance. Since the family has only recently moved to this small town, which lacks infrastructure and personal connections, this is not yet a viable solution for them.
Be Cautious with “Garage Agreements”
A drop-off location agreed upon with a package delivery service carries risks. “As soon as the delivery service has left the package at that location, the retailer has fulfilled its contractual obligation as agreed,” says Buttler. With this so-called “garage contract,” the lawyer explains, there could be issues with proof—if the package isn’t at the authorized location, such as on a patio or in a garage. It is usually impossible to prove that the package was not delivered correctly or was stolen. If the tracking status shows “dropped off,” the shipment is formally considered delivered. In that case, the recipients bear the risk of loss or damage.
Federal Network Agency Responsible for Recurring Problems
Consumer advocates advise: If packages repeatedly fail to arrive, those affected should contact the Federal Network Agency. However, the agency does not review individual cases.
Objecting to a Substitute Delivery
Those affected can also write to the individual package delivery services and point out the issues. The Consumer Advice Center’s website features a complaint tool for postal and package delivery services. It states: According to the Consumer Advice Center’s legal assessment, substitute delivery in the neighborhood is permitted even without consent—unless the recipients of a package have objected to it. They must do so via the website or apps of the individual package delivery providers.
Further information:
https://www.bundesnetzagentur.de/maengelmelder
https://www.verbraucherzentrale.de/hilfe-bei-post-und-paketaerger-89799
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