Is the courier delivered successfully in the courier cabinet of the community?

"Logistics information shows that the recipient has signed for it, but can't wait for the express delivery." "The courier brother said that the courier cabinet was put, but what should I do if I didn't find it?" "I haven't finished the order for a few days. I asked the courier to put it at my door. "

After the "Double Eleven" shopping frenzy, many people waited for the express delivery with joy, but there were various unexpected problems. For example, some couriers put the express mail directly in the rookie station or express cabinet without communicating with customers, and the express mail is placed at the door without telephone or SMS notification.

Weibo, who was on the hot search list before, said: "Express forgot to take risks and bear it yourself." He cited the provisions of Article 608 of the Civil Code on the obligations of the buyer to explain this responsibility. This statement has caused a heated discussion among netizens.

Some netizens have doubts about the definition of "sending". "Is it to send me delivery, or to send it directly to the collection point without consulting me?"

Some lawyers pointed out that express delivery should mainly abide by the Provisional Regulations on Express Delivery and Article 5 12 of the Civil Code. "If the user agrees that the courier will leave the express mail at home, then the loss of the express mail in this case is the responsibility of the user. However, if the courier puts the express mail in the courier cabinet, the user's door or the company's collection point without the user's consent, it cannot be considered that the courier has delivered it, nor can it be considered that the courier company has fully fulfilled its obligations under the contract. In this case, if the express mail is lost, the risk should be borne by the courier company. "

0 1

Consumer:

What if the express mail can't wait?

Miss He in Beijing recently experienced the first loss of express delivery in her life. She snapped up a large box of toilet paper online during the Double Eleven promotion. 1October 6th 165438+, the logistics information showed that the parcel had arrived at the post office downstairs in the community, and the post office also sent her a pick-up code. At about eight o'clock that night, she went to pick up the piece, but she couldn't find it. Contacting the courier was fruitless. As this is the first time to encounter this situation, she doesn't know what to do.

After the "Double Eleven" shopping spree, a busy parcel delivery period was ushered in. Not only has the number of express mail increased a lot than usual, but various related problems have also appeared. On multiple social networking platforms, the loss of double eleven express is not uncommon, and the handling methods of express delivery companies are also different. Some take the initiative to help customers find packages, some compensate consumers in time, but some express delivery sites have been passing the buck.

In daily shopping, the loss of express mail also happens from time to time. Miss Qi from Beijing told the Beijing News reporter that she spent more than 90 yuan to buy a box of yogurt online, but she couldn't wait and didn't receive a phone call or text message from the courier. She contacted the courier to inquire about the situation, but the courier searched for two days and could not find it. Finally, the courier asked Miss Qi to add a screenshot of the product payment on WeChat, and then transferred the money to Miss Qi as compensation according to the original price of the product. Ms. Tao also lost a small piece worth more than ten dollars once. She never received a courier herself, so she asked the courier. The courier checked the logistics information and then returned the money to her. "The courier said that someone else might have taken it because it was lost at the courier point." Ms. Tao said.

Ms Liu's situation is different. After there was no news from her express mail, she contacted the merchant first, but the merchant was unwilling to handle it for her, so she contacted Ali Xiaomi again, and then the merchant gave her a refund. "I didn't contact the courier, and the money was refunded by the merchant. According to the description of the merchant, the problem lies with the courier. It seems that it was dropped in transit, or it was missed when sending a text message, so it was not delivered. It is estimated that merchants and couriers will negotiate. "

The Beijing News reporter saw on the black cat complaint platform that there were still many cases of lost express mail. Some users reported that the courier put the courier at the door of the company, but he couldn't find it. He couldn't get through by calling the courier. The next day, I gave him a new phone number and told him to keep in touch and wait for the notice, but after four or five days, there was still no news. Some users also said that their express mail was overdue, customer service failed to solve practical problems, and their attitude was poor, and they could not query logistics information themselves.

02

Lawyer:

Express delivery should have face-to-face acceptance procedures.

Unless otherwise agreed.

In the Weibo of "Express delivery to forgetting things at your own risk", it is mentioned that Article 608 of the Civil Code stipulates that if the buyer fails to collect the goods in violation of the agreement, the risk of damage or loss of the subject matter shall be borne by the buyer from the time of violation of the agreement. In other words, if you don't pick up the courier in time, you will be responsible for the damage or loss of the courier items.

This Weibo has caused controversy on the Internet. Many netizens said that the premise for consumers to bear the risk of losing the express mail should be that the express mail was actually delivered to them, instead of the courier directly putting the express mail at the door, the rookie station or the express cabinet in the community without telling the user.

In this regard, Zhao Hu, a partner of Wen Zhong Law Firm, told the Beijing News reporter that this provision of the Civil Code quoted by Weibo does not actually apply to the above situation of express delivery. This provision of the Civil Code means that the seller puts the subject matter at the delivery place according to the agreement, and the buyer does not collect it in violation of the agreement. In this case, the risk of damage or loss of the subject matter shall be borne by the buyer.

"Article 608 of the Civil Code stipulates that the legal relationship of its adjustment is not the relationship between the courier brother and the consignee, but the relationship between the buyer and the seller. The scene is actually a scene where the seller puts the goods at the delivery place and there is no transportation. " Zhao Hu said.

Regarding express delivery companies, Zhao Hu said that the relevant provisions of the Provisional Regulations on Express Delivery must be observed. According to the provisions of Article 25 of the Provisional Regulations on Express Delivery, an enterprise engaged in express delivery business shall deliver the express mail to the agreed address, the addressee or the agent designated by the addressee, and inform the addressee or the agent of face-to-face acceptance. "According to this regulation, there should be a face-to-face acceptance procedure for receiving and sending express mail. It doesn't mean that the courier can just leave the express there. If there is no face-to-face acceptance, the courier will bear the corresponding legal responsibility. " Zhao Hu emphasized that Article 5 12 of the General Principles of the Civil Law also stipulates that the object of an electronic contract concluded through information networks such as the Internet is the delivery of goods, and the goods are delivered through express logistics, and the time for the consignee to sign for it is the delivery time.

However, there are exceptions. Zhao Hu pointed out that Article 5 12 of the Civil Code also stipulates that "if the parties to an electronic contract have otherwise agreed on the way and time of delivering goods or providing services, such agreement shall prevail". "That is to say, the courier sent it to you, and when you were away, I called you, and you said to put it at the door or hang it on the doorknob. This situation is also considered delivery. "

Zhao Zhanling, deputy director of Beijing Jia Yun Law Firm and special researcher of Intellectual Property Research Center of China University of Political Science and Law, also made a further analysis on the specific scene of express mail loss and damage. He said, "If the courier puts the express mail in the express cabinet, the user's door or the company's collection point without the user's consent, in fact, this cannot be regarded as delivery, nor can it be regarded as that the express company has fully fulfilled its obligations in the contract. In this case, if the express mail is lost, the risk should be borne by the courier company. "

In addition to the provisions of Article 25 of the Provisional Regulations on Express Delivery, Ethan, a partner of Beijing Shi Jing Law Firm, told the Beijing News reporter that the first paragraph of Article 26 of the Provisional Regulations on Express Delivery also stipulates: "If the express mail cannot be delivered, the enterprise operating the express delivery business shall return it to the sender or handle it according to the sender's requirements."

"This means that the courier company has no right to put the express mail at the front desk, courier cabinet, home and other places without the consent of the recipient. If the courier brother directly puts the courier into the courier cabinet without consent, it is not an effective delivery behavior. When the user gets the courier, its delivery behavior will happen. Before that, the courier company will bear the risk of damage and loss. If the user finds the loss when receiving the courier, he should directly reject the courier and ask the courier company to bear the corresponding liability for compensation. " Ethan said.

Regarding the damage, Zhao Zhanling pointed out that if it is damaged during the express delivery, whether the user agrees to stay at home or not, it is actually the responsibility of the express delivery company. "Whether it is damage in the process of express delivery, this can sometimes be judged according to the evidence. For example, the package of this express mail has never been opened at all, and then after opening it, it is found that the items inside have bumps, so this bump may be caused during transportation. " At the same time, he also said that if it can be determined that it is not damaged during the express delivery and the user agrees to leave it at home, then other damage has nothing to do with the express delivery company.

03

Courier:

When the express mail is lost,

Will try to talk to customers privately and lose money.

In the actual scene, there may be various situations in the scheme and result of express mail loss treatment.

165438+1October 1 1, a courier in Chaoyang district, Beijing, Zhang Yu (a pseudonym) just lost a courier and lost money to a customer. Zhang Yu told the Beijing News reporter that this was an express mail from 5438+ 10. This customer is not often at home on weekdays. He also asked the customer for permission to put it in front of her house when delivering the goods, but now he can't find it. Zhang Yu felt that the money was not too much, so she compensated. "For something over 70 yuan, she cut me half and asked me to pay 39 yuan."

Zhang Yu said that in their courier site, if the courier is lost, it is generally the responsibility of the courier. In this case, the courier will talk to the customer privately about losing money. When the reporter quoted a lawyer to explain whether the courier had a telephone agreement with the customer in the process of express delivery, Zhang Yu smiled and said, "You are too idealistic about the express delivery industry, and the company will settle it for you. If you don't solve it yourself, the company will solve it for you and the company will deduct your money. That's all. "

Liu Ling (pseudonym), a courier of another courier company, told the Beijing News reporter that at his site, if a customer complained to the company about the loss of the courier, the company would fine the courier's money. If the customer was dissatisfied with the handling result and made a second complaint, the company would continue to increase the fine. "So if the express mail can't be found, we will try to solve it privately with our customers. Try not to go through the company. "

Zhang Yu has been delivering goods in the area she is responsible for for for more than three years, so she basically knows the habits of every household and knows which household's express mail can be placed directly at the door. If she is psychologically uncertain, she will call the other party again. "But the phone is very few. I'm so tired at the end of the day that my head is empty. I don't want to use my brain anymore. I just want to climb the stairs and put it at the door. "

Liu Ling will also judge the delivery according to the express mail at the customer's door. "If he put a lot of express mail at the door, then you will know that you can put it directly at the door. If there is no courier at the door, you need to knock or call. " In addition, he added that some expensive things also need special attention.

The main reason for losing the pieces on weekdays, Zhang Yu said, on the one hand, it may be that the courier sent them too fast and sent them wrong, on the other hand, it may be that the express mail was taken wrong. If the express is lost, the courier will look for it first. "Generally 80% to 90% can be found."

Zhang Yu said, "I have more experience here, and the situation is still relatively good. Compensation within one year can be controlled within 500 yuan. Other people like our site, especially some newcomers, may put the express mail directly at someone else's door or the doorman's door, even without notice, which will lose a lot. " Zhang Yu said.

04

Difficulties:

Why is it so difficult to send express delivery according to the regulations?

Many consumers have a lot of complaints about the courier directly putting the express mail in the community express cabinet without communicating with himself.

In this regard, Zhang Yu said that there are more than 250 express mails sent every day on weekdays, and this number reached more than 350 during the Double Eleven period. In fact, since the pre-sale of 10, the number of express mail has been high. Many of his colleagues therefore put it directly in the courier cabinet or at the customer's door during the delivery process. "Too many, there is no way to make a phone call."

Because there are too many express mails, Zhang Yu thinks that the express cabinet is also to improve the delivery efficiency. In addition, the reward for each delivery is about 1 yuan 20 points. Every courier is put into the courier cabinet, and 20 to 50 points must be deducted from the courier. Liu Ling makes special marks for some customers who really don't want to put the express cabinet, and continues to deliver it to the designated place during the delivery process.

"It has always been said that express accessories should be formal. If it is really formal, it is not enough to send 100 a day. " Zhang Yu told reporters that dry express delivery must be able to bear hardships. Although he can earn about 1.003 to 1.004 a month at the peak, he said that this industry is very mobile and many people leave while doing it. One is because they are tired. "Like our current intensity, few people can stand it." The other is because he lost a lot of money. He told reporters, "How long does the website require you to deliver many orders? If it cannot be delivered, the assessment task cannot be completed. " Liu Ling also said that his colleagues around him have changed rapidly. "I don't know everyone on the website."

On the black cat complaint platform, many netizens complained that when their express mail was lost, they went to the courier or courier company to communicate, and they could not get satisfactory results. Some users claimed that their previous express mail was lost and demanded compensation from the courier site, but the courier site refused to pay compensation and called the customer service. The customer service repeatedly shirked, neither compensating the freight nor the damage.

Lawyer Ethan suggested that consumers should do the following: First, the receiving address should be clearly written with a detailed address that is convenient for receiving express delivery in person, and the precautions such as "no express cabinet" and "no front desk/door" should be clearly defined in the address; When the courier calls, if it is not convenient to collect the courier, negotiate the delivery time with him alone, and try not to leave the courier unattended or thoughtless after the courier completes the delivery; When receiving the courier, if the courier package is found to be deformed or damaged, it is recommended to open the courier first and then sign for confirmation. If it is found to be damaged, it will directly reject the courier; Fourth, for valuables or fragile items, record the whole process of opening the courier and checking the items through the mobile phone, and clarify the responsibility sharing between the seller, the courier company and themselves.