Who is responsible for express delivery?Listen to what the judge says

With the booming development of e -commerce, express delivery has become a part of people's lives. Do you have the loss and being led by out of the expressway? Many people think that the express delivery is lost, of course, the responsibility of the express company, has nothing to do with the seller, and it has nothing to do with the buyer. So how is the loss of expressions in law? In this regard, let's listen to the interpretation of the law of the people's court of Yuexiu District, Guangzhou.

Shopping online, if the express is lost, who should compensate? Judge Zhu Zhiliang, the Citizen Court of Yuexiu Court, pointed out that during the online shopping process, buyers and sellers constituted a sales contract relationship. According to Article 604 of the Code of the People's Republic of China, the risk of damage and loss of the subject matter of the target is borne by the seller before the subject matter is delivered. Or other than the parties have an agreed.

Source: Visual China

Therefore, without a special agreement, because the buyer has not received the goods, at this time, the relevant risks should be borne by the seller. Buyers only need to negotiate with the seller for re -delivery or refund, and do not need to negotiate with the courier company.

However, it should be noted that the loss of express delivery does not mean that the seller is responsible. For example, during the epidemic, there are different in -depth management measures in various communities, but because the gatekeeper, gatekeeper, property, and no obligations of the courier are not requested by the consignee, the courier will be placed in the above position if the consignee is required to ask the courier themselves to place the package in the above position. After the courier puts the parcel, it should be regarded as the consignee's signing. If the courier is lost, the relevant responsibility shall be borne by the buyer. In addition, if the courier company can be confirmed that the courier is lost, the seller can contact the courier company to recover.

Typical Case:

Online shopping textbooks have not received the goods, and the seller is sentenced to compensation for losses

In July 2021, Renmou ordered 909 textbooks to Chen via WeChat. From July 8th to August 11, 2021, Renmou transferred a total of 24,800 yuan to Chen Mou through Alipay.

After receiving the payment, Chen only provided Ren offered the delivery of the delivery single number picture, however, Ren did not receive the goods. In the meantime, Renmou had repeatedly called Chen's phone calls, and Chen repeatedly promised to refund the book and interest through SMS. On August 16, 2021, Chen only refunded 100 yuan from Renmou. In order to protect his legitimate rights and interests, he sued Chen to the court in accordance with the law.

The court trial believes that although Renmou and Chen in this case did not sign a written sales contract, the two parties reached a sales concession through WeChat chat, and Ren Mou had fulfilled the main contract obligations to pay Chen's book purchase money. Chen should follow the contract according to the contract. Delivery goods. Chen has not fulfilled the obligation to deliver goods for no reason. According to Article 577 of the "People's Republic of China", if the parties do not fulfill their contractual obligations or do not meet the contractual obligations, they shall bear the continued performance and remedy for remedy. Measures or losses such as losses or losses, and then ordered Chen to return to any book purchase and pay interest in accordance with the law.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Liang Yanhua Video/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association: Liang Yanhua Guangzhou Daily · Xinhua City Editor: Su Yanqian

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