- Recourse against the delivery person
If the product is defective during delivery and you still agree to receive it, it is imperative to mention the defects on the delivery note. It will be necessary to indicate precisely what the degradations and / or shortcomings are and not to stick to general reservations.
If you have not been able to do so, send a letter with acknowledgment of receipt within three days to the delivery company.
- Recourse against the professional seller
In the event that none of the above-mentioned steps have been followed, you will no longer be able to exercise any recourse against the deliveryman but you can still request an exchange from the seller. Indeed, the legal guarantee of conformity allows you to require the replacement of the product or its repair (article L.211-9 of the Consumer Code).
Likewise, if after opening the package, you realize that the items ordered do not comply or are defective, you can demand their replacement on the basis of the legal guarantee of conformity. Repair and exchange costs are the responsibility of the seller (article L.211-11 of the Consumer Code).
The legal guarantee of conformity can be invoked during the two years of delivery of the goods. But it is in your interest to act within the first six months because the defect observed is then presumed to exist on the day of issue. Beyond that, it will be up to you to prove it.
If you notice that some or all of the parts of your order have not been delivered to you, the legal guarantee of conformity allows you to require reshipment.
According to the law, all repair and exchange costs are the responsibility of the professional (article L.211-11 of the Consumer Code). If the product you purchased is unavailable, you should be notified and be able to get a refund within 30 days of your payment.
No, reservations should be written on the delivery slip only if, after checking the condition of the package and its contents, you notice that the product in question is damaged or incomplete.
If you have no reservations to make at the time of delivery, you can always do so within 3 days of the delivery date, by registered letter with acknowledgment of receipt sent to the carrier.
When receiving an order, be sure to always check the condition of the package and its contents, even if the delivery person refuses this check.
Above all, do not let yourself be influenced by a delivery man who says he is in a hurry. Statements of the type "subject to unpacking" have no legal value. If the order presents anomalies, you can refuse its delivery or annotate the delivery slip that you must sign. If you have not been able to do so, send a letter with acknowledgment of receipt within three days of delivery to the delivery company.