What to do if Christmas parcels in France arrive late or damaged?
There are various routes to follow dependent upon the issue
Parcels that are damaged should be refused upon delivery
charnsitr/Shutterstock
The status of Christmas parcels was thrown into doubt this week after cyberattacks impacted tracking services.
While officials offered assurances that parcels would arrive in time for Christmas, there is always a risk that a gift may not reach its recipient on time for Christmas, that it may turn up damaged, or even be lost altogether.
In the case of loss, senders can request compensation.
Below, we review the rules depending on the situation.
Unhappy with a gift? Returns policies differ
In the event that a parcel turns up on time but you or the recipient are unhappy with it – it is the wrong size or does not match expectations, for example – returns are usually accepted.
For online purchases, there is a 14-day return period in which you can send the parcel back for a full refund, as long as the item has not been used or damaged after opening.
Stores will refund original shipping costs and the price of the item, but may not always cover the cost of return shipping.
In some cases the store may offer a credit note.
For in-store purchases there is no legal requirement to accept returns, although most stores do offer a window of up to 30 days for refunds (sometimes a credit note) or exchanges.
It is best to check the store’s terms and services (conditions générales de vente) before buying to see exact policies and to keep the purchase receipt.
The is legal protection if products are damaged or defective
Consumers are protected through the ‘garantie légale de conformité’ if products arrive damaged or different than advertised.
Consumers can return products within two years, if they can prove that it arrived broken or different than was advertised, and benefit from a full refund, repair, or exchange for a new, correct product.
For hidden defects which are not immediately noticeable, vices cachés rules apply.
These allow products to be exchanged or refunded within up to five years of purchase – and two years after the defect was discovered. However this can require consumers to provide proof that the defect existed at the time of purchase and was not caused by them, potentially requiring an expert opinion.
This may be economically unviable for many smaller gifts and standard deliveries so this is usually limited to more expensive purchases such as vehicles, property, or electronics/white goods.
Late deliveries
If a company has missed the estimated arrival (note, this is the last possible date if the delivery period stretches across several days) then you can send a registered letter to the company requesting that the purchase arrives in the next 14 days.
If this deadline is missed, you can request a refund.
This action must be directed against the company from which the purchase was made and not any third party delivery company the vendor may have used.
Damaged parcels
If your parcel turns up damaged, you should immediately refuse it.
The courier can write the reason for your refusal on the delivery slip (bordereau) or invoice – make sure they do this for you – and then return it to the sender.
If the parcel is delivered when you are not in and left for you to collect, you can return it in three days.
If the courier themselves say the parcel is too damaged for you to accept, you have ten days to write a registered letter to the vendor which must send a new, undamaged replacement free of charge.
For personal parcels sent by friends or family, La Poste accepts responsibility for damages. By signing the ‘damaged’ box on the delivery slip a claim can be initiated.
Protection of up to €23 per kg is standard, although can be more depending on the ‘recommendation’ level if using registered delivery.
Rules may differ for other courier services.
Final steps
When it comes to damaged parcels sent by La Poste or its affiliates, if you are unhappy with their response you can contact the postal ombudsman, or if you are unsatisfied with the dealings of a store or online supplier, a French médiateur de la consommation.
These deal with all types of complaints regarding purchases by individuals from businesses. Several exist, covering different sectors, you can see a detailed list .
Contacting a mediator is usually a prerequisite to any potential legal action.