Delivery: online retailers cannot require consumers to turn to carriers in case of delivery issues

Consumer complaints highlight issues with parcel delivery

The complaints highlighted a range of recurring issues encountered by consumers, such as parcels being lost or damaged, deliveries left at unscheduled or distant relay points, non-compliance with promised delivery times, and even outright refusals to deliver. These problems emphasize the necessity for strict adherence to legal obligations by all entities involved in the delivery process.

Legal Framework: the seller's liability under the French consumer code

According to Article L. 221-15 of the French Consumer Code, professional sellers are fully responsible for the proper execution of their contractual obligations towards consumers, regardless of whether these obligations are fulfilled by third-party service providers, including carriers. 

This legal principle has been confirmed by the Court of Cassation in its decision of 13 November 2008 (Cass. Civ. 1ère, no. 07-14.856). The ruling made it clear that sellers cannot include clauses in their contracts that exclude or limit their liability except where explicitly allowed by law. As such, sellers cannot require consumers to deal directly with carriers in the event of delivery issues.

DGCCRF investigation reveals non-compliance among sellers

The DGCCRF’s investigation revealed significant breaches of these legal principles. Some sellers attempted to transfer their responsibility for delivery to carriers, thereby avoiding their legal obligations under the contract. This practice contravenes consumer protection laws and undermines the rights of consumers. 

Furthermore, 18% of the companies inspected were found to include unlawful clauses in their contracts. These clauses required consumers to contact the carrier directly in case of disputes or delivery problems, effectively shifting responsibility away from the seller. Such provisions are legally invalid and cannot be enforced against consumers.

Sanctions imposed on sellers for breaches of consumer protection laws

To address these breaches, the DGCCRF imposed various penalties depending on the seriousness of the infractions. These included warnings, compliance injunctions, and administrative notices. Sellers were sanctioned for practices such as failing to provide proper withdrawal or refund mechanisms, omitting essential pre-contractual information, and using premium-rate phone numbers for after-sales services. A significant proportion of these sanctions targeted sellers who attempted to offload their responsibilities onto carriers, in direct contravention of the law.

Our recommendation for online retailers: ensuring compliance with consumer law

For online retailers offering products in France, it is imperative to ensure that their general terms and conditions of sale (GTCs) and contracts comply with French consumer protection laws. 

Particular attention must be paid to provisions concerning delivery responsibilities, as these cannot be delegated to carriers. Regularly reviewing and updating contractual documents is essential to remain compliant with the legal framework, avoid penalties, and uphold consumer trust.

With the collaboration of Daphné Brunet.