united-states germany
Which jurisdiction applies in an international case around a missing package?
<p>Let's say a company in Mississippi send a package to a customer in the EU (Germany). The item has already been billed, including shipping costs.</p>

<p>Due to mishandling at the customs, the package is sent back before the customer is either informed or can act/retrieve the package.</p>

<p>The package is never returned, and the customer cannot initiate a postal search inquiry (since those can only be initiated by the sender).</p>

<p>If the company then becomes non responsive to inquiries to initiate such a search, which jurisdiction would apply? Where would the customer need to consult a lawyer/open a case/go to the police in order to force the company to initiate a search inquiry/refund the items?</p>

<p>Legally, this could be done in either the customer's jurisdiction, or that of the sending company. But since the object is to induce or force the swending company to take action, it will likely be more4 effective (albeit more trouble for the customer) if done in the jurisdiction of the sending company.</p>

<p>The company had a contractual obligation to deliver the goods to the customer. This they have not fulfilled. They attempted to fulfill this by hiring a shipper, but it remains ultimately their obligation, I would think. Ultimately a lawsuit for non-delivery or return of the purchase price might be required, but I would surely make multiple attempts to resolve this without litigation first. Filing such a lwsuit would perhaps be made easier by consulting a local lawyer, but that woudl involve a fee. Only if the value of the shipment is large enough would that be worth it.  Perhaps the sending jurisdictions' version of small claims court would be a useful route, depending on the value of the items.</p>

<blockquote>
  <p>If the company then becomes non responsive to inquiries to initiate
  such a search, which jurisdiction would apply? Where would the
  customer need to consult a lawyer/open a case/go to the police in
  order to force the company to initiate a search inquiry/refund the
  items?</p>
</blockquote>

<p>If the company becomes non-responsive, you ask the company to refund the purchase price, or to send a substitute product. (This assumes that the product is FOB Germany since they dealt with shipping. If the product was shipped FOB Mississippi and they have proof of shipping, however, the risk of loss was the customer's and the price is owed despite the fact that the product didn't arrive, since the customer didn't insure it.)</p>

<p>If it was not insured, the product is gone and may as well have never existed from the customer's point of view. If it was insured, the company can make an insurance claim to cover the cost of a refund or shipping a replacement product.</p>

<p>Postage gets a package there if the postal service feels like it and you are lucky. You pay extra, called insurance, to actually get an enforceable right to get money if the package doesn't get there. Private shipping services work basically the same way.</p>

<p>Either way, the customer can't search for it, the company isn't required to search for it, and it would probably be futile to try (unless it is something irreplaceable like a loved one's ashes, no one should even try). You generally have no right to compel the company to try to find the product that was shipped.</p>

<p>If the company won't provide a refund and payment was by credit card, contact the credit card company and have them reverse the charges. </p>

<p>If the customer can't do that, the customer will, as a practical matter, have to sue for a refund in Mississippi with a lawyer retained there, since the company will have no assets from which a judgment can be collected anywhere else. If the package was worth less than $10,000 or close to that much, forget it, it isn't worth pursuing relative to the cost of doing so and you won't get your attorney's fees even if you win.</p>

<p>This is not a criminal case, it is a shipping screw up by a third party. Do not call the police (if you did, they wouldn't help anyway).</p>
