5 September 2024

Many complaints regarding postal services submitted to the Authority concern the delivery of a product purchased online, the users being discontented mainly with the receipt of damaged products, with the loss or the delayed receipt of products. ANCOM informs that both online retailers and postal service providers are involved in the delivery process – however, for any queries related to the delivery of a product purchased online, the consumers should contact the retailer first.

Obligations of online stores

When placing an online order, a contract is concluded between the retailer (the online store) and the customer, and the delivery of the ordered product is based on this contract. Subsequently, the retailer usually concludes contracts with one or more postal service providers for the actual delivery of the products. If the ordered products are delivered with delay, are not delivered or are delivered damaged, the retailer is the one that should be accountable to the consumer. In such a situation, the retailer may act against the postal service provider for failure to comply with the contract concluded. Thus, where users encounter problems related to the delivery of products ordered online, it is necessary and efficient for them to contact the online store first.

The online store must inform the consumer in advance about the delivery conditions of the product in question, such as: the delivery cost, the payment method (card, bank transfer, cash or POS), the possibility of checking the product on delivery (if this facility is available), the delivery time. According to the legislation in force, the maximum delivery time for products ordered online is 30 days from the contract conclusion, unless the parties have agreed on another term. If the product has not been delivered within the agreed deadline, within the maximum period of 30 days or within an additional period granted by the consumer, the latter may request contract termination.

Obligations of postal service providers

The postal service provider must hand over the postal item only to the recipient or his/her authorised representative. The delivery can be made at any type of point of delivery (mailbox, automatic delivery system where the recipient agrees to receive postal items), at the address indicated by the sender or at the provider’s contact point served by personnel (after prior notification regarding the arrival of the postal item).

If the recipient is not found at the indicated address, the provider shall keep the postal item for delivery, at its work station, and it shall notify (announce) the recipient in advance on how he/she can get hold of the postal item. 

Usually, postal service providers inform recipients (by phone or by SMS/e-mail) that they are about to receive a postal item, however they are not legally bound to do so - unless the sender has requested delivery to an automatic delivery system. Furthermore, according to the law, the providers shall take diligence to deliver the postal item at least once, even if many of them also provide a second delivery attempt if the first one is unsuccessful.

Recommendations

• For any complaint regarding the delivery of a product ordered online, the consumers should contact the retailer first.
• Where the online store does not settle the complaint amicably, consumers can contact:
  • The National Authority for Consumer Protection - if the retailer is headquartered on the territory of Romania;
  • The local representative of the European Consumer Centre - https://eccromania.ro/, if the retailer is headquartered in another country that is member of the European Union.
• In the case of a retailer from a country that it is not a member of the European Union, complaint settlement is carried out according to the mentions on the retailer`s website.
• For substantiating any subsequent complaint, it is important that the users keep all the documents (invoice, receipt, delivery form) regarding the purchase.
• ANCOM cannot require a postal service provider involved in the delivery process to reattempt the delivery of a certain parcel, without delivery costs, or to offer any compensation because of the way the shipment was handled. However, ANCOM can analyse and, as the case may be, sanction the conduct of the postal service provider involved in the delivery of the item, having regard to the legislation in this field. Such infringements may be reported to the Authority here.