What if the courier is burned?

0 1 What should I do if my shopping is burned?

If the goods are damaged by a fire accident and cannot be received on time, the buyer can apply for an extension of receipt and ask the seller to re-deliver, or apply for a full refund from the seller.

If there is any dispute, the dispute shall be settled according to the provisions of major e-commerce companies on commodity risk transfer, that is, the agreement between the buyer and the seller on commodity risk transfer. For example, in the Taobao dispute settlement specification? Sign for the specification? It is stipulated that after the consignee signs for the goods, the risk of damage or loss of the goods will be transferred from the seller to the buyer. Therefore, the consumer, as the consignee, did not hold the goods in his own hands, so the responsibility has nothing to do with the consumer. You can ask the seller to reissue it.

The consumer asked me for compensation, so who should I ask if the things I sold were burned?

After the seller bears civil liability, he may claim damages from the actual infringer.

If the item belongs to the channel of e-commerce, then the price has been set online and can be compensated directly according to the price. However, if the value is particularly valuable and there is no insured price, you need to pay compensation according to the relevant terms of the courier company's courier.

It seems that in the incident, some couriers may not be insured, and merchants who cooperate with courier companies can only take them according to the service agreement. Actual loss? And then what? Five times the freight? Lower compensation amount.

However, according to Article 107 of the Contract Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The service agreement of Best Express is unilaterally formulated by the express company and belongs to the standard terms. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and draw the attention of the other party to the terms exempting or limiting their responsibilities in a reasonable way, and explain them according to the requirements of the other party.

Therefore, the delivery merchant can claim that the presentation of the terms of the courier company is not enough to cause the user to stipulate the limitation of liability, and the exemption agreement is invalid.

So, who will bear the liability for compensation in the end?

Who will bear the responsibility for the accident in express delivery needs to determine the cause of the fire.

If the courier company improperly keeps the goods in the process of handing them over to the logistics company, causing damage to the goods and causing a fire, the courier company should compensate. If the seller (sender or shipper) conceals the fact that the goods are flammable and explosive, causing a fire, the courier company or logistics company may require the seller to bear the liability for compensation. If the courier company entrusts a third party to carry the goods, the courier company will negotiate with the third party logistics company after assuming the liability for compensation, and the third party logistics company will compensate according to the cause of the fire.

In addition, if the quality problem of the transported goods leads to spontaneous combustion, the seller, courier company, logistics company and other owners of the damaged goods can ask the manufacturer to bear the liability for compensation and compensate the actual losses caused by it. The seller who buys goods from the manufacturer may also require him to bear the liability for breach of contract according to the sales contract between the two parties.

However, in the case of dispute over postal service contract between Han Wanmin and SF Company, the court held that? As a transportation industry, consigning anything has commercial risks. The appellant avoided insured mailing and obtained compensation benefits at a lower freight rate, which was quite different from the freight amount, which violated the principle of fairness in civil activities, so the appellant should also bear the corresponding commercial risks. ? In the final judgment, the courier company should compensate 50% of the value of the goods.

Don't forget. Relativity of contract? In principle, if something goes wrong, find the other side of the contract, the buyer looks for the seller, and the seller looks for the courier company to avoid rushing to the hospital.