Sending expensive items via parcel service: what to look out for?

If you ship expensive items via a parcel service, the risk of loss or damage to a consumer order rests entirely with you as the webshop — until the moment the customer receives the package. Because delivery services limit their own liability, you often cannot recover that damage (fully) from them. Insured shipping and clear agreements regarding shipping costs are therefore essential. Below, you can read how to limit the risks.

Who bears the risk upon shipment?

When shipping valuable goods — such as watches or precious metals — the transport risks are high and the consequences of loss or theft are substantial. The core question is who is responsible if things go wrong. This differs for consumers and business customers:

• When selling to consumers, the risk rests entirely with you as the seller until receipt. You are responsible for correct delivery; you may not deviate from this in your general terms and conditions to the detriment of the consumer.
• When selling to businesses (B2B), there is more freedom, and you can make different agreements regarding risk allocation.

Please note: delivery services limit their liability

Courier and parcel services usually exclude their liability for lost or damaged packages or limit it to a certain amount. This is permitted in relation to businesses. The consequence for you as a webshop: if a package is lost to a consumer, you must compensate the consumer, whereas you often cannot recover the damages (fully) from the delivery service. The risk therefore lies with you twice.

Limit the risk with insured shipping

Some parcel services offer solutions for valuable shipments, such as insured shipping or increased liability. With PostNL, for example, you can insure against damage or loss for up to 5,000 euros, with the recipient signing upon delivery. Please note:

• not every parcel service offers this;
• it entails additional costs;
• The (general) terms and conditions determine when damage, loss, or force majeure occurs — read them carefully beforehand.

Also take into account the requirement of a signature or the demand that the value be stated in advance; if you do not comply with this, a claim may still be rejected.

Are you allowed to pass on the higher shipping costs?

Yes. Insured shipping costs more, but you do not have to bear those costs yourself. You may pass them on to the customer, provided this is clearly agreed upon in advance. Even if your webshop offers free shipping, you may make an exception for valuable goods. A free alternative could be for the customer to pick up the product themselves.

Frequently asked questions about shipping expensive items

Am I allowed to state in my terms and conditions that the customer bears the shipping risk?

Not for consumers. By law, the risk lies with you until receipt; a deviating clause is invalid. With business customers, however, you are allowed to make agreements regarding the allocation of risk.

What if the customer says the package has not arrived?

In the case of a consumer, you must in principle prove that delivery was made correctly. A shipment with a signature upon receipt and track-and-trace helps strengthen that evidentiary position. Without proof of delivery, the risk rests with you.

Is insured shipping mandatory for expensive items?

It is not mandatory, but given the risk and your liability towards the consumer, it is strongly recommended. The extra costs usually do not outweigh the loss of a valuable item that you must fully compensate.

Help with shipping and terms and conditions

The legal experts at MKB Juristen draft clear shipping and general terms and conditions and advise on risk allocation when shipping valuable goods, ensuring your legal risks remain limited. View our expertise in contract law or schedule a no-obligation intake.