A vape parcel that arrives crushed, leaking, short of an item or not at all is a frustrating situation made worse by the assumption that online orders are somehow your problem once they leave the warehouse. They are not. Under EU distance-selling rules the seller carries the risk of the goods until they are in your hands. How that risk is insured in transit is explained in our parcel insurance guide.
Here is the order to do things in, what you are entitled to, and the mistakes that cost people a claim.
The rule that decides everything
Under the Consumer Rights Directive (2011/83/EU), in a distance contract the risk of loss or damage passes to you when you, or someone you nominated, physically takes possession of the goods. Not when the parcel was dispatched, and not when a tracking page said "delivered" if it was left somewhere you did not authorise.
That has a practical consequence: if a vape parcel arrives damaged, the problem sits with the seller, not with you and not with the courier. The seller's job is to resolve it and then pursue the carrier themselves.
This is separate from the 14-day right of withdrawal, which is about changing your mind, and from the two-year statutory guarantee for defects. Our guide to returns and warranty for vape orders in Germany covers how the three regimes fit together.
Step by step, in the right order
1. Photograph before you open anything
If the outer box is crushed, wet or visibly resealed, photograph it as it arrived, including the label and the damage, before you open it. This is the single most useful piece of evidence and the one people skip.
2. Open with the packaging intact
Do not flatten or throw away the outer box until the claim is resolved. If you can, open it over a surface so that if a device or bottle has leaked, you can see exactly what came out of the box and what leaked inside it.
3. Check the contents against the packing list immediately
Count the items and check the flavours and strengths. Short-shipments are easiest to resolve in the first 24 hours, while the picking record is still fresh and the carrier has not finished the route.
4. Report in writing, fast
Send the photos and a short description the same day. For a distance sale you are not bound by the carrier's own claim window, but acting quickly keeps the carrier investigation viable, which is what the seller will need.
5. Note the damage on the delivery receipt if you signed one
If a courier hands you a visibly damaged parcel and asks for a signature, write "damaged" or "unchecked" next to it, or refuse the parcel outright. A clean signature on a crushed box is the most common reason claims get argued about.
What you can ask for
| Situation | Your entitlement | Who bears the risk |
|---|---|---|
| Arrived damaged in transit | Replacement or refund, your choice | Seller |
| Item missing from the parcel | Supply of the missing item or refund | Seller |
| Wrong item or strength sent | Correct item at no cost, or refund | Seller |
| Leaking device or bottle | Replacement; keep the packaging | Seller |
| Tracking says delivered, nothing arrived | Seller investigates; refund if not located | Seller unless left at your instruction |
| Changed your mind, unopened | 14-day withdrawal | You (return postage, unless stated) |
| Opened, hygiene-sealed goods | Generally excluded from withdrawal | You |
Note the last two rows. The 14-day withdrawal right is generous but has a hygiene carve-out for opened nicotine and e-liquid products, which is why a damaged-goods claim and a change-of-mind return are handled through different routes. If your parcel is unopened and you simply want it gone, the withdrawal route is usually faster than trying to argue damage. If the tracker never updated at all, start with our guide to tracking a vape order.
The "delivered but missing" case
This one is common and worth handling carefully, because the outcome depends on where it was left.
- Left at your door or with a neighbour, as you instructed. Risk has generally passed. Ask the neighbour, check the building's parcel store, and look at the delivery photo if the carrier provided one.
- Left in a parcel locker or pickup point. Check the collection deadline. Uncollected parcels are usually returned to the sender after a set number of days, which resolves it more slowly than reporting it.
- Marked delivered with no instruction from you and no photo. This is the seller's problem. Request a carrier investigation in writing.
- Suspected theft. Report it to the police and send the report number to the seller. That is the document that unlocks most claims.
If the parcel was cross-border, a customs hold can also be the real reason it appears lost. Our guide to import VAT and customs on vape parcels explains the charges that stall deliveries, and realistic EU delivery times sets out when it is genuinely too early to worry.
How to make the next order safe
- Choose tracked delivery. An untracked parcel is very hard to prove anything about.
- Use a pickup point if your building is insecure. Collection from a locker or shop removes the "left on the doorstep" ambiguity entirely.
- Avoid ordering e-liquid in a cold snap or heatwave if you can. Extreme temperatures are a common cause of leaking in transit.
- Keep the order confirmation email. It is your proof of what was bought and when, which starts every claim.
Frequently asked questions
The parcel arrived damaged, who pays for the return?
Nobody, in a transit-damage claim. Damaged and incorrectly supplied goods are the seller's responsibility, so return postage should not fall on you.
Do I have to accept a replacement instead of a refund?
No. For goods damaged in transit you can generally choose between a replacement and a refund.
Can I claim if I signed for the parcel without checking it?
Yes, a signature confirms delivery, not condition, and the risk rules still protect you. It is simply easier if you noted the damage or refused the parcel. Our guide to how vape orders are packed and shipped explains what a correctly packed parcel should look like.
How long do I have to report a problem?
Report transit damage as soon as possible, ideally the same day, to keep the carrier investigation alive. Defects that appear later fall under the two-year statutory guarantee.
The short version
Until a parcel is in your hands, the risk is the seller's. Photograph the box before opening, report the same day, and note damage on any delivery receipt. If a parcel shows as delivered but never arrived, ask for a carrier investigation in writing, and file a police report if you suspect theft, because that is the document that unblocks the claim.
