First, the relationship between consumers and courier companies.
During the seven-day unreasonable return period, when consumers return goods to the seller, they usually choose a courier company to send them. A transportation contract relationship has been formed between consumers and express delivery companies. According to the Contract Law, the courier company shall properly keep and deliver the delivered items on time. If the courier is lost in the process of transportation, the courier company shall bear the corresponding liability for compensation.
Second, the seller's responsibility
During the seven-day unreasonable return period, the seller is also responsible for the return. If the goods are lost on the way back and the consumer can provide sufficient evidence to prove that they have been sent correctly, then the seller should generally not ask the consumer to send them again or refuse the refund. On the contrary, the seller should coordinate with the courier company, investigate the responsibility of the courier company, and handle the refund procedures for consumers as soon as possible.
Three. Determination of liability for compensation
When the courier is lost, the specific determination of the liability for compensation needs to consider many factors comprehensively. First of all, consumers need to provide proof of delivery, express delivery number and other relevant evidence to prove that the goods have been sent correctly. Secondly, the courier company should be responsible for the mistakes in the transportation process and bear the corresponding liability for compensation. Finally, sellers should actively communicate with consumers and courier companies to ensure that consumers' rights and interests are protected.
To sum up:
During the seven-day unreasonable return period, if the courier is lost, the ownership of the liability for compensation needs to be determined according to the specific relationship between the consumer, the courier company and the seller. Consumers should provide sufficient evidence to prove that the goods have been sent correctly, the courier company should bear the responsibility of transportation errors, and the seller should actively coordinate and handle them to safeguard the rights and interests of consumers. In practice, all parties should strengthen communication and cooperation to safeguard market order and consumer rights.
Legal basis:
Contract law of the people's Republic of China
Article 304 states:
When handling the transportation of goods, the shipper shall accurately indicate to the carrier the name of the consignee or instructed consignee, the name, nature, weight, quantity, receiving place and other necessary information about transportation. If the shipper's fault omits important information and causes losses to the carrier, the shipper shall be liable for compensation.
Contract law of the people's Republic of China
Article 3 1 1 stipulates:
The carrier shall be liable for damages for the damage or loss of the goods in the course of transportation, but the carrier shall not be liable for damages if it is proved that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable loss of the goods themselves and the fault of the shipper or consignee.
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 25 provides that:
Where an operator sells goods by internet, television, telephone or mail order, the consumer has the right to return the goods within seven days from the date of receipt, without giving reasons, except for the following goods: (1) the goods ordered by the consumer; (2) Fresh and perishable; (3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online; (4) newspaper delivery. In addition to the goods listed in the preceding paragraph, other goods that are not suitable for unreasonable return according to the nature of the goods and confirmed by consumers at the time of purchase. The goods returned by consumers shall be in good condition. The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.