Lost or damaged parcels: who is liable, how to handle claims and whether to offer shipping protection

The tracking says «delivered», the customer says they have nothing. Or the parcel arrives with the box crushed and the product broken. Or it has been sitting in a warehouse for ten days. In every case, the customer writes to you, and waiting for the carrier to open an investigation is not an answer they will accept.

Before deciding how to handle it, it is worth being clear about who is liable for what.

Who is liable to the customer

In sales to consumers, Spanish law is clear. Article 66 ter of Royal Legislative Decree 1/2007 (the General Law for the Defence of Consumers and Users) establishes that the risk of loss or damage to the goods passes to the consumer when they, or a third party designated by them other than the carrier, take physical possession. Until then, the risk is yours.

In practice:

• If the parcel is lost or damaged before delivery, you are liable to the customer, even if it is the carrier's fault.
• You then claim from the carrier under your contract with them, which has its own deadlines and compensation limits.
• The exception is when the customer hires a carrier you did not offer them: then the risk passes when the goods are handed over to that carrier.

In business-to-business sales, what has been agreed applies. If nothing has been agreed, it is worth putting it in writing in your B2B terms of sale.

Article 66 bis of the same law also sets the delivery deadline: the one agreed or, if nothing is said, 30 days from the purchase. A stalled parcel is not just a logistics problem: if the delay drags on, the customer can give you an additional period and, if it still does not arrive, terminate the contract.

The most common incidents

Organising claims

The problem with shipping incidents is not usually the cost of each one, but the time lost in an email chain: asking for the order number, asking for photos, asking what the customer prefers, looking up the tracking, replying to the carrier. What brings order to the process:

1. A form or portal where the customer identifies the order, selects the affected products and the reason, and attaches photos.
2. A clear deadline for claims, counted from delivery.
3. Three possible resolutions: refund, replacement or voucher. Let the customer say which they prefer.
4. Rules to resolve small, clear claims without review, and manual review for the rest.
5. A history per claim that the customer can check.
6. A claim to the carrier in parallel, within their deadlines, to recover what you can.

Optional shipping protection

Many stores offer «shipping protection» in the cart for a small fee. It can be a good idea, but it has to be set up properly, because the law already requires the store to be liable for loss before delivery.

What it cannot be

• It cannot be the condition for you to take responsibility for what is already yours. Telling the customer that, if they do not pay for it, a lost parcel is their problem contradicts article 66 ter.
• It cannot be pre-ticked. Article 60 bis of the same law requires express consent for any additional payment.
• It should not be called «insurance» if it is not. Insurance distribution is regulated; if the guarantee is provided by your store, it is a commercial condition of yours and must be presented as such.

What it can genuinely offer

• Immediate resolution, without waiting for the carrier's investigation.
• Coverage of what the law does not require you to cover, such as theft of the parcel after a correct delivery.
• Choice of resolution by the customer, and processing through a portal.
• Priority for replacements.

Set up this way, the fee is legitimate income that pays for a real service. Have your adviser review the wording before publishing it.

The numbers behind protection

The fee has to cover what you pay out in claims. To know whether it pays off, track three figures: how many orders take it out, how many of them claim and how much each resolved claim costs. If you charge little and many claim, raise the fee or adjust the coverage. If hardly anyone takes it out, it is probably not visible or not well explained. The fee carries VAT, like any other service you charge on the order.

Reducing incidents at the source

• Packaging suited to the product, especially for fragile items.
• Weight and photo of the parcel when it is closed, to prove what went out.
• Addresses and phone numbers validated at checkout.
• Carriers compared by incident rate, not just by price.
• Delivery with signature or photo for high-value orders.

Checklist

• Shipping terms that state who is liable for what, without contradicting the law.
• Claims portal or form with photos and reason.
• Claim deadline and resolutions defined.
• Automatic approval rules with limits.
• Optional protection, not pre-ticked and clearly explained.
• Tracking of fees collected against claims paid.

How to solve it in PrestaShop

RKR Shipping Protection offers optional shipping protection in the cart, which the customer ticks themselves, with a percentage or fixed fee, with minimum, maximum, rounding, VAT and cart currency, rules per carrier and free above the amount you choose. The guarantee is provided by your store, not by an insurer. The customer files the claim from a dedicated portal: they verify the order, choose the products and the reason (lost, damaged, stolen, delayed, missing item, wrong item), attach photos and say how they would like it resolved. From the back office you apply with one click a refund with a native credit slip, a replacement or a voucher, and you can enable automatic approval with a maximum amount, accepted reasons and mandatory photos. The statistics tell you how much you collect in protection fees, how much you pay in claims and how much you have left.

This article is for information only and is not a substitute for legal advice. For a specific case, consult your adviser.