The parcel never arrived: whose problem is it, legally?
It feels obvious that a seller should sort out a parcel that never turns up, and in the EU and the UK the law generally agrees. Less obviously, the starting legal position in the US can point the other way by default, which is one of the sharper differences between these systems, even though in practice most US retailers handle a lost or damaged parcel the same way EU and UK ones do, as a matter of customer service rather than strict legal obligation.
EU: the trader carries the risk until you have the goods
Under the EU Consumer Rights Directive, in contracts where the trader dispatches the goods, the risk of loss or damage passes to the consumer only once the consumer, or someone named by the consumer, physically takes possession of the goods. If the parcel is lost or damaged in transit before that point, it is the trader's problem to fix, typically by sending a replacement or issuing a refund, not the consumer's problem to chase with the carrier. There is one exception: if the consumer chose their own carrier, one the trader did not offer as an option at checkout, the risk passes to the consumer once the goods are handed to that carrier, since the consumer effectively took over the arrangement themselves.
UK: the same principle, in its own section of law
The UK's Consumer Rights Act 2015, in section 29, sets out an almost identical rule after Brexit: goods remain at the trader's risk until they come into the physical possession of the consumer or someone the consumer names to receive them. As in the EU, this does not apply if the consumer arranged their own carrier that was not one of the options offered by the trader, in which case risk passes to the consumer once the goods reach that carrier. In practical terms, a UK trader that ships an order through its own chosen courier remains responsible if that courier loses or damages the parcel, and is expected to sort out a replacement or refund rather than sending the consumer to argue with the courier directly.
US: the default legal position can be the opposite
The US does not have a federal consumer rule matching the EU and UK approach. Instead, risk of loss for a sale of goods is generally governed by state commercial law derived from the Uniform Commercial Code. Absent a different agreement, most online sales function as a "shipment contract": the seller's obligation is to get the goods to a carrier properly, and the risk of loss can pass to the buyer once the seller hands the goods over to the carrier, even though the buyer has not yet received them. A "destination contract", where the seller keeps the risk until the goods reach the buyer, is possible but depends on the specific agreement rather than being the default. In practice, this legal default rarely determines what happens to a shopper, because most US retailers choose, as a business and reputational matter, to replace or refund a lost or damaged parcel regardless of the strict legal risk position, and the FTC's Mail, Internet, or Telephone Order Merchandise Rule separately requires a seller to ship within the stated or default time and refund if it cannot, which gives a buyer leverage even where the underlying risk of loss technically sat with them.
What to actually do when a parcel is lost or damaged
- Contact the seller first, not the carrier, in the EU and the UK, since the trader is generally the responsible party under the risk rules described above.
- In the US, contact the seller as well; even where the legal default might place risk with the buyer, most retailers resolve this directly, and doing so also preserves any chargeback option if the seller refuses.
- Photograph damaged packaging and items before disposing of anything, since this is the evidence a claim, whether to the seller, the carrier or a card issuer, will need.
- Check whether you chose the carrier yourself outside the seller's offered options; this is the one situation in the EU and the UK where the risk genuinely shifts to the buyer.
None of this depends on whether a voucher code or coupon code was used to reduce the price; a discounted order carries the same risk allocation as a full-price one. For current listings across 527 shops in 22 countries, see daily-coupons.info, or the US site for US shops.
This article is general information, not legal advice. Risk of loss rules involve exceptions and depend on the specific contract terms and the country's law; check the seller's terms and, where needed, local consumer advice for a specific case.
Frequently asked questions
What if I asked for the parcel to be left in a specific place and it was then stolen?
This can shift the analysis, since instructing a delivery to be left unattended is treated differently from an ordinary delivery. In the EU and the UK, guidance generally distinguishes this from a standard lost-in-transit case, so checking the specific circumstances with the trader or a consumer advice service matters.
Does travel insurance or parcel insurance change any of this?
It can provide an additional route to a payout, but it does not remove the seller's underlying responsibility in the EU or the UK. Any such insurance is a separate, optional product, not a substitute for the statutory risk rules.
Can a US retailer's terms make itself responsible for lost parcels anyway?
Yes. Nothing stops a US seller from agreeing, in its own terms, to bear the risk of loss until delivery, which many do in practice. The UCC default only applies in the absence of a different agreement, so the seller's stated policy is the first place to check.
Who do I contact first if a parcel shows as delivered but never arrived?
The seller, in all three regions, since they hold the shipping contract with the carrier and are best placed to open a trace or claim. Only after the seller has been given a chance to respond does escalating to a card issuer or a formal complaint usually make sense.
