Risk of loss for goods bought at a distance stays harmonized across the EU under one rule: it's the seller's problem until you — or someone you specifically named — actually has the goods in hand.
The Physical Possession Standard
Article 20 of Directive 2011/83/EU harmonizes the transfer of risk for loss, theft, or deterioration of goods bought at a distance across the EU single market. The general rule: risk transfers to you only when you, or a third party you specifically designated who isn't the carrier, acquires physical possession of the goods. If a package is stolen from a communal entrance or damaged in transit before that point, responsibility sits entirely with the seller — not you, and not the courier as far as your claim against the seller is concerned.
The one exception: if you personally arranged transport with a carrier the seller didn't offer or propose, risk transfers to you once the goods are handed to that carrier instead.
What a Photo or GPS Scan Actually Proves — and Doesn't
Sellers and platforms often push back on claims by pointing to a courier's photo of the parcel in a communal area, or GPS location data confirming the courier was at the address. Under this framework, that evidence proves the courier was there — it doesn't establish that you achieved physical possession, which is the actual legal threshold that matters:
- Left in a communal area without your authorization: no physical possession occurred. If the item is lost, the seller must resend it or refund you.
- Lost or broken due to the courier's mishandling: this is a failure of the seller's own delivery arrangement — you have no direct legal standing to claim against the logistics company; your claim goes to the seller.
- Authorized third parties: only if you explicitly told the seller in advance that delivery to a specific named neighbor or third party was acceptable does that person's receipt of the goods release the seller from risk.
Practical Steps
- Check whether you ever authorized delivery to a specific safe place or third party — if not, a courier's unilateral choice to leave the item somewhere doesn't establish physical possession on your behalf.
- If the seller directs you to contact the courier directly, note that this framework places the claim against the seller, not the logistics company — you generally have no direct contractual standing against a carrier you didn't personally engage.
- Request a full refund or replacement from the seller, citing Article 20 directly.
- Keep your order confirmation and any delivery communication as evidence of what was actually agreed.
Related Kibbo Tools
Sources
- EUR-Lex — Directive 2011/83/EU on consumer rights, Article 20. eur-lex.europa.eu
- Your Europe (European Commission) — Shipping and delivery within the EU. europa.eu