How to get reimbursed when your online purchase has not been delivered?
For 62% of French people, the option of home or relay delivery is one of the decisive criteria for making an online purchase, according to an Ifop survey for Star's Service published in June 2016. If we often talk about success of e-commerce in France, disputes arising from online purchases are subjects that are rarely addressed. There are clear and precise rules that allow the buyer to be reimbursed when his online purchase has not been delivered. Camille Lavalle, legal expert at Justice Express explains how to get reimbursed when your online purchase has not been delivered.
Precautions that do not always provide the necessary guarantees
Informed customers know the measures to adopt to limit the risks. Certain precautions can avoid some unpleasant surprises. Indeed, already, it is always better to order on a site that has already been tested by those around you. If the site is unknown to you, another interesting solution lies in the feedback from other users. You can browse the reviews posted by other customers to get a relevant assessment of the services offered. This is a first guarantee of reliability.
Then, it is necessary to check the presence of the mention “https” in the URL of the site.
Last but not least, reading the general conditions of sale is essential. You will then be able to quickly identify if the conditions include a clause of non-liability of the seller in the event of non-delivery of the order. Unfortunately, it is clear that these precautions are not enough. They cannot exclude with certainty the risk of non-delivery of the item ordered online.
When can you consider it an undelivered package?
The legal delivery period is provided for in articles L.216-1 and following of the Consumer Code, which distinguishes whether or not there is a specific clause on the period. Since then,
If the package has not been delivered in accordance with these provisions, you can take action to obtain a refund of your purchase.
The merchant persists in not wanting to reimburse you, what should you do?
It is quite common for the merchant to try to free himself from this responsibility by placing the fault on the carrier, for example. However, it is important to note that in such a case, the fault cannot be attributed to the carrier only if you have imposed a particular means of transport on your seller. In all other cases, the seller remains liable at all stages, from purchase to receipt.
Consequently, the buyer has an option available to him: request a return of the order or a refund.
Do you want to get a refund for your undelivered package?
Under article 1610 of the civil code, you can legitimately claim reimbursement for a package that has not been delivered. However, the customer services of e-commerce sites are not always attentive and communication is sometimes sterile.
A more relevant solution in this type of situation is to try to resolve this dispute amicably, by first sending a formal notice to the seller, which must be done before going to court. In the event that this amicable resolution does not succeed, you will always have the possibility of seizing the competent magistrate for your dispute, it being specified that you are not always obliged, depending on the amount you are claiming, to need to be represented by a lawyer.
Camille Lavalle, lawyer at Justice-Express
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