You might be wondering…

• “If goods are damaged during transport, should I deal with the carrier or the seller?”

• “Is the seller obliged to package according to standards, or just ‘reasonably’?”

• “As a consumer, should I always claim directly against the e-shop?”

My clients often ask…

• “When does the risk of damage transfer – at handover to the carrier or only when I receive the goods?”

• “Can a seller refuse my claim by pointing at the carrier?”

• “What happens if the packaging was insufficient?”

What the law says in a nutshell

• § 2097 Civil Code (Czech Republic): unless agreed otherwise, the seller must package the goods according to customs; if none exist, then in a way necessary to protect and preserve the goods, including transport.

• § 2090–2091 Civil Code: when goods are shipped, delivery is deemed to occur when the seller hands the parcel over to the first carrier (if properly marked or notified).

• § 2121 Civil Code: risk of damage normally passes when the buyer takes over the goods, but in B2B shipping contracts it may pass earlier – already when handed to the carrier.

Transfer of risk: B2B vs B2C

The biggest risks and common mistakes

• Seller (B2B) assumes that handing the goods to a carrier removes all liability. Wrong – if packaging was unsuitable, the seller is still liable.

• Buyer (B2B) claims against the seller even when packaging was fine and risk has already passed. Correctly, the claim should be filed against the carrier.

• Consumers (B2C) often complain to the carrier – mistake! They must always claim against the seller.

Step-by-step: what to do

If you are the seller (B2B or B2C):

1. Package according to the nature of the goods and business customs.

2. Always mark fragile items clearly (“fragile”, “this side up”).

3. For valuable items, agree specific packaging standards in the contract.

If you are the buyer (B2B):

1. Inspect the parcel upon delivery.

2. Record visible damage in the delivery protocol.

3. If packaging was defective → claim against the seller.

4. If packaging was proper → file a claim with the carrier.

If you are the consumer (B2C):

1. Always file a claim against the seller, not the carrier.

2. The seller remains liable, regardless of whether damage occurred in transport or due to poor packaging.

Practical examples

• B2B: A company ordered machinery. It was properly packed in a wooden crate, but was damaged in a road accident. Risk had already passed upon handover to the carrier → the buyer bore the loss.

• B2C: A consumer ordered a TV, which arrived with a broken screen. The claim went to the e-shop. The seller could not shift liability to the carrier.

• B2B (seller’s mistake): The seller shipped glassware wrapped only in paper without padding. The damage constituted defective performance → seller’s liability.

Why you should avoid DIY approaches

Determining the right party to claim against is often tricky. A simple mistake in filing can mean losing tens of thousands of crowns in court. Without legal guidance, you risk suing the wrong party and losing the case.

Lawyer’s recommendation

✔ Sellers: set internal packaging standards and always enforce them.
✔ Buyers (B2B): never delay inspection – the delivery protocol is your key evidence.
✔ Consumers: don’t let sellers send you to the carrier. You always have the right to claim directly against the seller.

Buyer’s checklist upon delivery:

• Is the packaging intact?

• Is the parcel properly marked?

• Does the content match the contract (quantity, type)?

• Document everything (photos, written record).

FAQ

Who is liable for damage during transport in B2B contracts?
If packaging was sufficient, the risk passes to the buyer once goods are handed to the carrier. If packaging was defective, the seller remains liable.

Can a seller exclude packaging liability in the contract?
Not entirely. Proper packaging is a statutory duty (§ 2097).

Why do consumers enjoy stronger protection?
Because EU law and the Czech Civil Code protect weaker parties – consumers should not have to face claims against carriers directly.