You might be wondering…

• “Is it enough that the seller handed the goods to the carrier?”

• “What difference does labeling the shipment make?”

• “When does the buyer’s liability for damage start?”

Clients often ask me…

• “What if the seller sent the goods but I had no idea they were mine?”

• “How can I claim damages if it wasn’t clear the shipment was for me?”

• “Can the seller argue they delivered the goods even though the shipment wasn’t labeled?”

Legal explanation (Section 2091(2) Civil Code)

The Civil Code is clear:

• If the seller hands the goods to the carrier without labeling the shipment for the buyer, the effects of delivery do not occur.

• The effects occur only once:

  • the seller notifies the buyer without undue delay that the shipment has been dispatched, and

  • the seller sufficiently specifies the goods in that notice.

• If the seller does neither, the goods are considered delivered only when the carrier physically hands them over to the buyer.

👉 In practice, this means that the seller bears the obligations and risks for longer if they fail to label the shipment and inform the buyer.

Biggest risks and common mistakes

• Unlabeled shipment: the buyer cannot identify the goods, and delivery effects are postponed.

• No notice to the buyer: without notification, risk does not transfer, and the seller remains responsible.

• No proof of notification: disputes often arise over whether the seller actually informed the buyer.

Step-by-step approach

1. Seller labels the shipment – clearly identifying the buyer.

2. Seller sends notice to the buyer – confirming dispatch and specifying the goods.

3. Buyer takes delivery – only then does risk transfer if earlier conditions weren’t met.

4. Keep records – archive emails or documents showing the notification.

Real-life example

A seller shipped a pallet of construction material but did not label it and failed to notify the buyer. The pallet was damaged during transport. Since the buyer was not informed, responsibility remained with the seller, who had to supply new goods at their own expense.

Why you shouldn’t rely on carrier procedures

Sellers sometimes assume that the carrier will identify the shipment. But the law is strict—if the shipment isn’t labeled and the buyer isn’t notified in time, delivery is not legally considered complete.

Lawyer’s recommendation

Sellers should ensure proper labeling and written notification to the buyer. Buyers, on the other hand, should always check whether the seller has informed them of dispatch.

Checklist:

• Was the shipment clearly labeled?

• Did the seller notify the buyer of dispatch?

• Is the notification provable (email, SMS)?

FAQ

Must every shipment be labeled?
Yes, otherwise delivery does not occur when the goods are handed to the carrier.

What if the seller only says “goods have been sent”?
The notification must specify what goods were sent, otherwise it is insufficient.

When are goods considered delivered if the shipment wasn’t labeled and no notice was given?
Only when the carrier actually hands them over to the buyer.