Complaints in Case of Damage During Delivery

According to the law, the consumer is not obliged to inspect the package upon delivery, or within 24 hours. On the other hand, the delivery service strictly states: “In the case of damage or incomplete contents of the package, the recipient of the shipment or another person authorized to receive the shipment is required to submit a complaint to the service provider immediately upon delivery or by the end of the working day. By signing the receipt confirmation, the recipient or the authorized person confirms that the package was delivered undamaged and complete. If you wish to report damage, you can do so via email at stete@dpd.hr.

And this is where we often encounter problems, which is why we recommend inspecting the package immediately upon delivery or by the end of the day. In that case, we will handle the complaint with the delivery service

Any subsequent damage claims, in situations where there is a high likelihood that the complaints arise from damage during transport, loading/unloading, storage, or related activities, must be handled by you directly with the delivery service

It is important to note that according to Article 683 of the Obligations Act (ZOO), the carrier is liable for the total or partial loss and damage of the shipment from the moment of acceptance until its delivery, unless they can prove that the damage occurred without their fault. This provision shifts the burden of proof and liability for damage to the carrier, not the manufacturer. Additionally, Article 683, paragraph 4 of the same law stipulates that this provision cannot be contracted otherwise

Of course, it is our responsibility to fulfill the obligations under the transport contract, especially Article 666 of the Obligations Act (ZOO), which requires the sender to inform the carrier about the type of shipment, its contents and quantity, as well as other relevant information so that the carrier can fulfill their obligations.

Additionally, we are required to carefully package the goods for protection (for example, labeling as “fragile” for delicate items), in accordance with Article 667 of the Obligations Act (ZOO), which mandates that the sender properly packages the items to prevent damage or endangerment of the safety of people and goods

(1) The sender is obligated to package the items in an appropriate or customary manner to prevent any damage or endangerment of the safety of people or goods

(2) The carrier is obligated to notify the sender of any packaging deficiencies that can be observed; otherwise, they are liable for any damage to the shipment that may occur due to these deficiencies

(3) However, the carrier is not liable for damage to the shipment if the sender, despite being alerted to the packaging deficiencies, requested the carrier to accept the shipment for transport with those deficiencies

(4) The carrier is obligated to refuse the shipment if the packaging deficiencies are such that the safety of people or goods may be endangered or damage may occur

(5) The carrier is liable for any damage suffered by third parties due to packaging deficiencies while the goods are in the carrier’s possession, and the carrier has the right to seek compensation from the sender.

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