Yes, your package has been delivered - or has it?

You know the drill: according to the track & trace, the package has been neatly delivered, but the customer claims not to have received anything. Or worse: it has been signed for receipt, but the customer claims that the signature is not his or her own. What now?

In this blog, we explain the legal situation, which means of proof you can use and how you can strengthen your position as an entrepreneur. We also discuss click-and-collect: what if the customer does not pick up his order?

The law: who has to prove what?

According to article 7:11 of the Civil Code, the risk of shipment lies with the seller until the consumer has actually received the product. So you have to prove that the package arrived in the hands of the customer.

A track & trace code alone is not sufficient. Recent rulings by DigiDispuut demonstrate this.

Example: DigiDispute Decision 184 (June 2024)

This case involved a computer worth over €5,000. The seller claimed that the package had been delivered and a signature had been provided. The consumer denied receipt. DigiDispute ruled that the signature was not recognizable and that the seller had not provided sufficient evidence that the consumer had actually received the package. The sale was rescinded and the full amount had to be refunded.

What if the customer says, "That signature is not mine"?

In that case, you as the seller must prove that the signature does belong to the customer. This is difficult, but not impossible. Here's what you can do:

1. Collect additional evidence

• Track & Trace: shows location and time of delivery.
• Delivery photo: more and more delivery services take a photo of the package at the doorstep.
• Witness statement: for example, from a neighbor or the delivery driver.
• Email or text message: confirming the customer has received the package.

2. Consider handwriting research.

For high order values, you can hire a forensic handwriting expert. Who will compare the signature on the delivery receipt with previous signatures of the customer. Note that this is expensive (€1,000-€3,000 on average) and only useful in serious disputes.

3. Send registered mail for valuable shipments

For more expensive products, registered mail is a wise choice. You will then receive a legally valid proof of receipt, including name and signature of the recipient.

Click-and-collect: what if the customer does not show up?

With click-and-collect, the customer orders online and picks up the product in the store or at a pickup point. But what if the customer doesn't pick up the order?

• You can include in your terms and conditions that the order expires after a certain period if it has not been picked up.
• You must communicate this clearly, for example in the confirmation e-mail.
• Large retailers such as UNIQLO have a collection period of 14 days. If the order is not picked up, the amount is automatically refunded.

Please note: you may not charge a "no show" fee unless this has been clearly and reasonably agreed in advance.

Tips to avoid problems

• Have the delivery person take a delivery photo (preferably with the house number in the picture).
• Use digital signatures with unique codes or QR scans.
• Send valuable products insured or registered.
• Include in your terms and conditions that Track & Trace and delivery photos are additional proof (but not irrefutable proof).
• For click-and-collect, inform customers clearly about the pickup time and what happens if they don't show up.

In conclusion

A signature on delivery is convenient, but not foolproof. If a customer denies that he or she signed, you as the seller must come up with convincing evidence. Smart use of technology, clear terms and conditions and clear communication will put you in a stronger position.