Shipping and packaging: Sending parcels safely and liability

In short: Whoever sells usually bears the shipping risk until handover to the buyer; good packaging, insurance, proof and the right shipping method prevent disputes and losses.

In more detail: When selling to consumers the transport risk lies with the seller (§ 475 BGB): if the parcel is lost or arrives broken the seller must deliver or refund. In private sales between private persons the shipment sale works differently (risk passes to the buyer on handover to the carrier), but platform rules and buyer protection often overlay this. This is general information and not legal or tax advice; rules change, check them with the tax office, chamber or advisers.

In Depth

Packing

• Sturdy box matching the size; double wall for heavy items.
• Cushioning all round (bubble wrap, paper, foam), no play.
• Fragile items: box in box, protect corners, “fragile” sticker only a hint.
• Electronics anti-static, batteries undamaged; lithium batteries are subject to shipping restrictions (dangerous goods, especially by air).
• CDs/games/media: sturdy case, cardboard envelope, do not bend.
• Clothing: waterproof film.
• Reusable materials (sustainability, mind the packaging act).

Choosing the shipping method

• Small goods/letter (maxi letter) for light items, cheap, no tracking (burden of proof).
• Parcel with tracking (DHL, Hermes, DPD, GLS, UPS): keep the tracking number, proof of posting.
• Insurance: standard liability is limited (for example 500 € for a DHL parcel); for high value extend (declared value/extra insurance) or alternatives.
• Collection (for large items), freight forwarder.
• Shipping abroad: customs, customs declaration, VAT (EU: OSS), embargo rules, import duties for buyers (non-EU).

Evidence and disputes

Photos before shipping (condition, packaging), proof of posting, tracking. For loss/damage: claim with the carrier (deadlines!, often a few days), damage report with photos. With consumers: replacement/refund to the buyer first, then recourse against the carrier. Keep the unopened box and packaging. Observe platform buyer protection and shipping labels (Vinted/eBay), recognise payment fraud schemes (see the fraud article).

Costs, law, sustainability

Calculate shipping honestly into the price (postage, material, time). Withdrawal right in commercial distance selling: return costs are borne by the buyer if you inform them beforehand. Packaging act: commercial shippers must license packaging (system participation, LUCID register). Plan for returns. Privacy: use address data only for shipping and delete afterwards unless retention duties (invoices) exist.

See also: Packaging act and deposit, Right of withdrawal in distance selling, Returns and right of return, Selling privately or commercially