What to do when a parcel is lost, damaged or marked delivered

Key rules

• Seller's risk: When you buy from a business, the seller bears the risk of loss or damage until the goods reach you.
• Damage at the door: Write a reservation on the courier's slip or device, or refuse the parcel, if the packaging is damaged.
• Courier windows: Private couriers often allow only 24 to 72 hours for visible damage, so notify them the same day.
• Correos: Claims for loss, damage or delay with Correos are usually possible for one year from posting.
• Private sales: These protections do not apply when you buy from a private individual.

Who bears the risk

When you buy from a business, the seller bears the risk of loss or damage until you (or someone you name, other than the carrier) physically receive the goods. So if the courier loses your parcel or breaks it, claim from the seller first. You do not have to chase the courier to get your money back.

There are two exceptions:

• You chose the carrier yourself and the seller did not offer that option. Then the risk passes to you when the seller hands the parcel to that carrier. You can still claim against the carrier.
• You bought from a private person, not a business. These consumer rules do not cover private sales.

If the parcel arrives damaged

1. Inspect the parcel before you sign, or while the courier is still there.
2. If the packaging is visibly damaged, write a reservation (reservas) on the courier's slip or handheld device. Something like "package damaged, contents not checked" works. You can also refuse the delivery.
3. Take photos of the box, labels and contents. Keep the packaging.
4. Tell the courier and the seller in writing straight away. Ask the seller for a replacement or refund.

Private couriers often set very short windows for visible damage, commonly 24 to 72 hours. The legal limit is no later than 7 days. Act on the first day.

If it says delivered but nothing arrived

1. Check the address, your neighbours, the building concierge, your mailbox, and any pickup point or locker named in the tracking.
2. Contact the courier with the tracking number. Ask for proof of delivery: a signature, photo or GPS location.
3. Contact the seller or platform within a day or two. Ask for a replacement or refund. The seller carries the delivery risk.
4. If the seller does not solve it, make a written claim, then use the platform's buyer protection. Or ask your card issuer for a chargeback. Card issuers and platforms set their own time limits, often around 120 days, so check yours early.
5. If it is still unresolved, take it to the consumer office (OMIC or your region's consumer body) with a hoja de reclamaciones. Online dispute resolution is another route.
6. If you suspect theft, file a police report.

Claiming from the courier

• Correos: claim for loss, damage or delay on the Correos website, at an office or through customer service. The usual period is one year from posting. Report visible damage at delivery if you can.
• Private couriers: report visible damage on delivery or in writing within 7 days. Claim delay within 14 days. Legal action expires after one year (three years for fraud). Their own conditions are often shorter, so read the terms of your shipment.
• Shipments from abroad: these can follow different rules. Check the carrier's conditions.

Put every claim in writing. Include the tracking number, proof of the shipment and its value (order confirmation or invoice), and your photos. The timeline, documents, checklist and warnings below cover the steps and papers in more detail.

Timeline and deadlines

• Inspect the parcel and write a reservation on the courier's slip or device, or refuse it: at delivery

• Tell the courier and the seller in writing about visible damage: within 24 to 72 hours in many carrier terms, and no later than 7 days

• Contact the seller or platform and ask for a replacement or refund if tracking says delivered but nothing arrived: within a day or two

• Claim delay with a private courier: within 14 days

• Ask your card issuer for a chargeback or use the platform's buyer protection: usually within about 120 days

• Claim with Correos for loss, damage or delay: within one year of posting

• Take legal action against a private courier: within one year, or three years for fraud

Documents you need

• Tracking number of the shipment, needed to ask the courier for proof of delivery.

• Proof of delivery from the courier (signature, photo or GPS location), which you ask the courier to issue.

• Proof of the shipment and its value, such as the order confirmation or invoice, for a written claim.

• Photos of the box, labels and contents if the parcel arrived damaged.

• Hoja de reclamaciones, the official complaint form, if you escalate to the consumer office (OMIC or the regional consumer body).

• Police report, only if you suspect theft.

Checklist

• Contact the seller or platform within a day or two and ask for a replacement or refund.

• Inspect a parcel before or when you sign for it, and write a reservation on the courier's slip or device if the packaging is damaged.

• Send the courier and the seller a written claim with proof of the shipment, its value and your photos.

• File a complaint with the consumer office using a hoja de reclamaciones if it is still unresolved.

What to watch out for

• Signing without checking the parcel: If you sign for a damaged parcel with no note, it is harder to prove the damage happened in transit. Inspect it first, write a reservation on the courier's slip or device, or refuse the delivery.

• Short courier deadlines: Many couriers set 24 to 72 hours for visible damage, much shorter than the legal limit of 7 days. Report damage to the courier and the seller in writing straight away.

• Choosing the carrier yourself: If you pick a carrier the seller did not offer, the risk passes to you once the seller hands the parcel to that carrier. Use the seller's own delivery option, and claim from the seller first.

• Marked delivered but not received: A delivered status can be wrong or mean a neighbour, locker or pickup point took it, and waiting makes a claim harder. Check nearby places, ask the courier for proof of delivery, and contact the seller within a day or two.

• Missing the card or platform window: A chargeback or buyer protection claim is usually possible only within about 120 days. Start the claim early and keep your proof of purchase and messages.

Frequently asked questions

Can I claim from the seller if the courier lost my parcel?

Yes, you claim from the seller first, because the seller bears the risk of loss until you or someone you name takes the parcel in hand.

Does the seller still carry the risk if I buy from a private person?

No, the seller risk rule covers purchases from traders, not private sales between individuals. With a private seller, agree who covers loss before you pay. Ask the platform what protection it offers for private sales.

How long do I have to claim with Correos?

For Correos, the usual period for claims on postal items is one year from posting. Give notice of visible damage at delivery if you can.

Which deadline is shorter if a private courier delivers a damaged parcel?

The courier's own terms are usually shorter than the legal limit, often 24 to 72 hours for visible damage. By law, report damage in writing no later than 7 days after delivery.