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Delivery to neighbors not without risk

Written by Marcel Landeweerd
 

This week I watched a broadcast of "Law in the Region." In this program the sympathetic Mr. Frank Visser, also known as "the Driving Judge," gives advice on legal problems. In this broadcast was the case of Gerben, he ordered an X-Box, but it was delivered to the neighbors. The neighbors cheerfully resold the X-Box. Nothing the supplier can do about that would you think?

However, a broadcast reveals otherwise. Although the neighbors should never have resold the package, this is not the consumer's risk. According to Mr. Visser, the supplier is responsible for the delivery of the package. Proof of delivery to the neighbors is not sufficient, the customer must actually receive the product (in person). This package the customer never received, the supplier has to pay for the costs. Something I didn't immediately expect, but which has consequences for the much used delivery to neighbors.

Niet de consument maar de leverancier is volgens de rijdende rechter verantwoordelijk voor de levering van het pakket. Bij de buren afleveren is niet voldoende.

Not the consumer but the supplier is responsible for the delivery of the package, according to the driving judge. Delivery to the neighbor is not sufficient. Does your delivery driver deliver the package to the neighbors? Then that is a risk for you as a merchant. The consumer can hold you responsible. Prove that the neighbors have delivered the package to your customer. Both with unwilling neighbors and a consumer who does not tell the truth, this is a risk. You can hold your supplier or neighbor liable again, but that is a long way legally. Our advice? Consider carefully in consultation with your parcel deliverer whether you want to deliver the package to the neighbors. Relying on the ruling of the Riding Judge, this still entails great legal risks....