Who is responsible for items lost or damaged in transit?

Who is responsible for items lost or damaged in transit?

With the increasing popularity of online shopping, disputes arising from shipping processes have also significantly increased. In particular, the question of who is responsible when an ordered product never reaches the consumer, is damaged during transport, or is delivered incomplete is a frequently debated legal issue. Sellers often argue that the responsibility lies with the shipping company, while shipping companies may point the finger at the seller. This situation causes consumers to hesitate about who they can hold accountable.

The legal rules applicable to products lost or damaged in transit may vary depending on the nature of the dispute and the legal status of the parties. In particular, the Law No. 6502 on the Protection of Consumers contains important regulations protecting consumers in consumer transactions. In addition, provisions of the Turkish Code of Obligations and transportation law may also be applied depending on the specifics of the case.

Delivery Responsibility in Distance Selling

The majority of online purchases are made under distance selling contracts. In these types of sales, one of the seller's most fundamental obligations is to deliver the product to the consumer in accordance with the contract and within the agreed timeframe.

The obligation to deliver does not end merely when the product is handed over to the shipping company. As a rule, the seller is responsible for any loss or damage that occurs until the product comes into the consumer's actual possession. In other words, even if the seller has handed the product over to the shipping company, they are not considered to have fully fulfilled their delivery obligation until the product reaches the consumer in good condition.

Therefore, the seller's defense of "I've shipped the product, what happens next is none of my business" is often not legally valid.

Who is responsible for items lost in transit?

One of the most common problems consumers face is the loss of ordered products in the shipping system. Situations such as a long delay in tracking information, the product not reaching the recipient despite being marked as delivered, or packages being lost during transport are frequently encountered in practice.

In such cases, the primary party responsible to the consumer is the seller. This is because the consumer enters into a sales contract with the seller, not the shipping company. The seller is obligated to fulfill the delivery obligation arising from the contract.

The seller can later pursue legal action against the shipping company if they find fault with the company. However, this does not prevent the consumer from directly contacting the seller.

For example, if a mobile phone purchased online is lost during transport, the consumer can request the seller to resend the product or refund the amount paid.

Legal Status of Products Damaged During Shipping

Even though the product has been delivered, it is quite common to encounter disputes when it is broken, crushed, scratched, or damaged to the point of being unusable.

Furniture, home appliances, televisions, computers, electronic devices, and glass products are among the items most frequently damaged during transport.

Even if the product arrives damaged to the consumer, the seller's responsibility generally continues due to the obligation to deliver. This is because the product purchased by the consumer must be delivered in accordance with the contract.

If the damage is due to the fault of the shipping company, the seller can seek compensation from the shipping company for the damages incurred. However, this does not negate the consumer's rights.

Why is it important to keep a record during delivery?

If the shipping package shows signs of crushing, tearing, wetting, or impact, it should be checked before accepting delivery, if possible.

If damage is noticed at the time of delivery, preparing a damage report together with the delivery person is important evidence.

However, the absence of a written record does not always mean that the consumer has lost their rights.

Some damage is only noticeable after the product packaging is opened. In particular, internal cracks or technical malfunctions in electronic products may not be apparent from the outside.

Therefore, each event is evaluated within its own context.

Can a shipping company defend itself by saying, "We delivered it in good condition"?

In practice, shipping companies often claim that the product has been delivered or that there were no objections during delivery.

However, hidden damages not apparent at the time of delivery may become apparent later. In particular, regarding breakages or electronic malfunctions that are only discovered upon opening the inner packaging, the delivery document alone does not completely absolve the party of responsibility.

When evaluating a dispute, courts consider the nature of the product, how the damage occurred, service reports, photographs, expert opinions, and other evidence.

Can the seller say, "Contact the shipping company"?

One of the most common misconduct in consumer law is when a seller directs the consumer directly to the shipping company.

In most cases, there is no direct transportation contract between the consumer and the shipping company. The transportation service is organized by the seller.

Therefore, the seller cannot simply absolve themselves of responsibility by saying, "Contact the shipping company.".

The consumer can first contact the seller and assert their legal rights against them.

What are the consumer's optional rights?

Consumers have various rights regarding products lost or damaged in transit. These rights may vary depending on the nature of the dispute.

If the product is not delivered at all, the consumer can first request that the product be shipped. If this is not possible, or if the seller fails to fulfill its delivery obligation, the consumer can withdraw from the contract and request a refund of the amount paid.

If the product is delivered damaged, depending on the nature of the defect, you may be entitled to a refund, product replacement, free repair, or a price reduction.

Consumers may have broader rights, particularly if a product loses its intended use due to serious damage during transport.

Burden of Proof and the Importance of Evidence

In disputes regarding lost or damaged goods in transit, evidence is of paramount importance.

Order documents, invoices, shipping tracking records, delivery documents, photographs, videos, service reports, and correspondence between the parties play a crucial role in resolving disputes.

Records indicating that the product was not delivered, or documents showing that the delivered product was damaged, are among the important evidence supporting the consumer's claims.

Especially in the case of electronic products or high-value goods, technical inspection reports can be crucial in resolving disputes.

When does the shipping company's liability come into question?

While the seller is often the primary point of contact for the consumer, this does not mean the shipping company bears no responsibility.

The shipping company may also be held legally liable for any loss, breakage, crushing, or other damage that occurs during transportation.

The shipping company may be held at fault, especially if the product is damaged during transport despite being properly packaged.

However, this relationship is often considered within the scope of the legal relationship between the seller and the shipping company. The seller can seek recourse against the shipping company if the necessary conditions are met, after fulfilling their responsibility to the consumer.

The product appears to have been delivered but has not reached the buyer

One of the increasing disputes in recent years is when products appearing as delivered in shipping records have not actually reached the recipient.

In some cases, the product may be delivered to the wrong person, left at the wrong address, or the delivery record may not reflect the truth.

In such disputes, it is necessary to investigate whether the delivery actually took place. The identity of the person who received the item, the signature on the delivery document, camera recordings, and other evidence become important.

If it is determined that delivery was not made to the buyer or an authorized person, it may not be possible to say that the seller has fulfilled their delivery obligation.

The Importance of Expert Examination

When there is a dispute regarding the cause of the damage, courts often resort to expert examination.

By the expert;

• Whether the damage occurred during transport,
• Whether the product packaging is adequate,
• Whether the damage was caused by misuse,
• The amount of depreciation in the product,
• Whether repair is possible,

Factors such as these are considered.

Especially for high-priced electronics, home appliances, furniture, and commercial goods, expert reports are one of the most important pieces of evidence influencing the outcome of a case.

Legal Relationship Between Seller and Shipping Company

The fact that consumers can exercise their rights against the seller does not diminish the importance of the relationship between the seller and the shipping company.

If the seller believes the damage occurred during transportation after fulfilling their obligations to the consumer, they can file a claim for compensation against the shipping company.

Therefore, consumer disputes and disputes between the seller and the shipping company should be considered as different legal relationships.

In practice, the consumer often seeks compensation from the seller for the damages, who then subsequently turns to the shipping company.

Can E-commerce Platforms Be Held Liable?

Today, much shopping is done through online marketplaces and e-commerce platforms.

However, the platform's responsibility is not assessed equally in every dispute. The assessment takes into account the platform's role in the sales process, its contribution to the payment system, its relationship with the seller, and the specific characteristics of the case.

Therefore, it should be examined on a case-by-case basis whether the dispute is solely between the seller and the consumer, or whether it also involves the liability of other individuals or entities.

General Approach in Supreme Court Practice

In the practice of the Supreme Court of Turkey, it is accepted that the product purchased by the consumer must be delivered in accordance with the contract. The protection of the consumer in case of loss or damage to the product during transport is the primary consideration.

In general, court decisions hold that the seller's delivery obligation continues until the product has come into the consumer's actual possession.

In addition, the causes of damage occurring during transportation, the fault of the parties, and the specifics of the incident are also examined.

Each dispute is evaluated based on its own evidence, and the specific characteristics of the case directly influence the outcome.

Conclusion

The question of who is responsible for products lost or damaged in transit has gained more importance, especially with the rise of online shopping. From the consumer's perspective, the basic rule is that the seller is responsible for delivering the purchased product in good condition and complete. The fact that the product has been shipped does not, in itself, absolve the seller of responsibility.

In case of loss or damage occurring during transportation, the consumer may exercise their legal rights such as refund, reshipment, product exchange, free repair, or other legal rights. Furthermore, if the shipping company is at fault, the legal liability relationship between the seller and the shipping company may be evaluated separately.

Therefore, preserving order documents, shipping records, and other evidence is crucial in disputes regarding products lost or damaged in transit. Based on a legal assessment tailored to the specifics of the case, consumers may be able to exercise their legal rights.