r/LegalAdviceEurope • u/Drasnoc • 1h ago
Netherlands Netherlands: Courier did not follow my delivery instructions, package was stolen, retailer keeps changing their story. ECC case already opened. What are my options?
Hi everyone,
I am looking for advice regarding a consumer dispute in the Netherlands involving the international retailer Joybuy. I have already opened a case with the European Consumer Centre (ECC), but because that process may take some time, I would like to know whether there are any additional legal or consumer-protection steps I should consider.
Timeline
I ordered a PlayStation 5 Pro worth approximately €850.
On the day of delivery, the courier called me because I was not at home.
At the very beginning of the call, the courier immediately asked me for the delivery verification code. I provided it because I understood the code to be a form of identity verification, confirming that I was the rightful recipient of the package. At that moment, I did not understand the code to mean that I had accepted the package as correctly delivered or that the courier could leave it wherever he considered suitable.
After providing the code, I instructed the courier to place the package inside my personal storage cabinet, which is located in the shared hallway of my apartment building, behind the locked communal entrance.
I clearly told him that my storage cabinet was marked 27-11, and that this number was displayed on the cabinet door. The courier confirmed during the call that he would place the package inside that cabinet.
A neighbour was present in the hallway near the courier. During the call, I heard her say words to the effect of:
As far as I understood, she was only indicating that she knew which storage cabinet I was referring to.
I did not speak to this neighbour directly. I did not ask her to receive the package, move it, place it in the cabinet or make any decision on my behalf. I only spoke with the courier. I therefore have no personal knowledge of what may have happened between the courier and my neighbour after the phone call ended.
When I returned home, the storage cabinet was open and the shipping box had been torn open. The PlayStation had been removed.
The delivery photographs provided by Joybuy appear to show the parcel standing in front of the storage cabinet, rather than secured inside it.
I immediately reported the theft to the Dutch police and provided Joybuy with the police report and all other requested information.
The police later informed me that they would not continue the criminal investigation because of limited investigative capacity. They did not determine whether the courier had complied with the delivery instructions or whether Joybuy had fulfilled its obligations.
My experience with Joybuy
Since reporting the incident, I have fully cooperated with Joybuy.
I have provided:
- photographs;
- a detailed timeline;
- my police report;
- additional explanations;
- and all other information requested from me.
Instead of receiving one clear and consistent explanation, however, I have received multiple different versions of what allegedly happened during the delivery.
At different points, Joybuy has suggested that:
- the parcel was left outside the cabinet and a neighbour would place it inside;
- the courier and a neighbour placed it inside together;
- I had somehow spoken with or authorised the neighbour;
- the parcel was left in a safe location “with a bystander”;
- and the courier followed my instructions with the help of a friendly neighbour.
These explanations are not the same.
My own account has remained consistent throughout:
- I spoke only with the courier;
- I gave him the cabinet number 27-11;
- I instructed him to place the parcel inside that cabinet;
- and he confirmed that he would do so.
During one of my earlier conversations with Joybuy, I was also told that a high-value delivery required both the verification code and a recipient’s signature. I was never asked to provide a signature and I did not sign for the package.
Communication has also been extremely poor.
Several emails containing detailed information and evidence were left unanswered. I repeatedly asked for the matter to be escalated to a higher department or complaints manager, but I never received a meaningful response to those escalation requests.
One customer-service representative later apologised, acknowledged that this was not how customers should be treated, and promised that I would receive an email update within 24 to 48 hours, even if no final decision was available yet.
No email was ever sent.
During a later chat, Joybuy introduced further claims, including that it had “evidence from the phone call” and confirmation from the courier and a bystander. When I tried to clarify the factual inaccuracies, the chat was closed before I was able to respond.
I was also advised again to file a police report, despite Joybuy already having received that report and knowing that the police had closed the investigation.
The neighbour’s alleged involvement
Joybuy repeatedly refers to my neighbour as though she had been authorised to take part in the delivery.
To be clear, I am not accusing my neighbour of wrongdoing. I do not know exactly what happened between her and the courier after my telephone conversation ended.
What I do know is:
- I never spoke to her during the delivery;
- I never authorised her to receive the parcel;
- I never instructed her to place it in my cabinet;
- I never authorised her to change the delivery arrangement;
- and I never agreed that the parcel could be left with her or under her supervision.
The only thing I heard from her was that she appeared to understand which storage cabinet I meant.
Her physical presence in the hallway did not, in my view, make her my representative or authorised recipient.
My position
The courier knew which cabinet I meant because I explicitly gave him the number 27-11 and explained that the number was displayed on the cabinet door.
He also confirmed that he would place the package inside it.
If he later could not identify, open or access the correct cabinet, I believe he should have contacted me again. He had already called me several times that day and was clearly able to reach me.
He could also have taken the parcel back for another delivery attempt.
What I did not authorise was for the parcel to be:
- left in front of the cabinet;
- handed to a neighbour;
- left under the supervision of a neighbour;
- or delivered in any other way chosen after our call.
My complaint is not based on speculation about who later opened the box or took the PlayStation.
It is based on the fact that the parcel was not delivered in the manner agreed during the telephone call.
My questions
- Under Dutch or EU consumer law, does providing a delivery verification code at the beginning of a telephone call automatically mean that the risk transferred to me, even though the agreed delivery instructions were allegedly not followed?
- Can a neighbour be treated as an authorised recipient merely because she was physically present and understood which storage cabinet I meant?
- Is Joybuy still responsible if the courier left the parcel somewhere other than the specifically agreed location?
- Besides the ECC, what additional legal or consumer-protection steps would be appropriate?
- Joybuy claims it has “evidence from the phone call.” Would a GDPR access request be appropriate to determine whether a recording, transcript or internal note exists and to request access to my personal data contained in it?
- Would the European Small Claims Procedure be a realistic next step if the ECC process does not resolve the matter?
Thank you in advance for any advice. I am genuinely trying to understand whether I am overlooking something legally, because my account has remained consistent while Joybuy’s explanation of the delivery has changed repeatedly.