Case hypothesis
Xiaoli took a fancy to a set of cosmetics online and happily placed an order. In the next few days, she was expecting her things to arrive soon. As a result, unexpected things happened. The delivery truck of the courier company cooperated by the merchants had a traffic accident on the road, which caused all the goods of the whole vehicle to be damaged.
Then, Xiaoli's online shopping goods were damaged during express transportation. Who should compensate for the loss?
Legal basis 1
1. Article 512 of the Civil Code: If the subject matter of an electronic contract concluded through information networks such as the Internet is the delivery of goods and delivered by express logistics, the time for the consignee to sign for it is the delivery time. ..................................................................................................................................................................................
2. Article 604 of the Civil Code: The risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties.
Legal basis 2
3. Article 8 1 1 of General Principles of Civil Law: The carrier shall safely transport passengers and goods to the agreed place within the agreed time limit or within a reasonable time limit.
4. Article 832 of the Civil Code: If the goods are damaged or lost during transportation, the carrier shall bear the responsibility. However, the carrier shall not be liable for compensation if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.
case analysis
1, between the seller and the courier company. As a carrier, the courier company cooperated by merchants is responsible for the safe transportation of goods. If the goods are damaged due to traffic accidents during transportation, the courier company shall be liable for compensation.
2. For buyers and sellers. Before the buyer receives the purchased goods and signs for them, the risks of the goods shall be borne by the seller; The risk after signing the contract is borne by the buyer.
To sum up, Xiaoli's online shopping goods are damaged during express transportation, and the seller can ask for a refund, and the seller can ask the express company to compensate for the loss.