First, the practice of express delivery being signed.
1. You can contact the courier company first and let the courier company recover it. Because the courier company didn't contact the recipient, it is illegal to give it to the impostor.
2. If it cannot be recovered, you can contact the seller and ask the seller to claim compensation from the courier company, because this is a transaction between the seller and the courier company, and the buyer does not need to intervene.
As long as the buyer confiscates the goods, he can ask for a refund, and the seller either agrees to a refund or issues a new one.
4. If the goods are mailed by friends or family members, they can be insured according to the goods delivered by express delivery. If there are no insured items, you can claim compensation from the courier company according to the relevant provisions of the national express management regulations.
II. Relevant laws and regulations
The legal basis is the Contract Law of People's Republic of China (PRC).
Chapter VII Liability for Breach of Contract
Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 311 The carrier shall be liable for damages for damage or loss of the goods in the course of transportation, but the carrier shall not be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.
Article 312 The amount of compensation for damage to or loss of goods shall be in accordance with the agreement of the parties; If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 61 of this Law, it shall be calculated according to the market price of the place where the goods arrive at the time of delivery or should be delivered. Where there are other provisions in laws and administrative regulations on calculation methods and compensation limits, those provisions shall prevail.
Tort Liability Law of People's Republic of China (PRC)
Article 2 Whoever infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 3 The infringed party has the right to request the infringer to bear the tort liability.
Fifteenth ways to bear tort liability are:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(6) Compensation for losses;
(7) apologize;
(eight) to eliminate the influence and restore the reputation.
The above tort liability methods can be applied separately or in combination.