BRT fire: how to claim reimbursement if your package was destroyed

A massive fire broke out on the evening of July 8th in the Bartolini warehouse located in the Bovisa district of Milan, devastating thousands of packages stored within the facility. The blaze destroyed an 8,000-square-meter sorting building and approximately fifteen containers, leaving behind significant damage and uncertainty about the fate of the goods inside. As investigations into the cause of the fire continue, questions have arisen regarding who bears responsibility for the losses incurred and how affected individuals can seek compensation or replacement for their items. The legal framework governing such situations in Italy hinges on the contractual relationships between the parties involved. For consumers who purchased items online, the rules are clear: until a package is physically delivered to the recipient, the risk of loss remains with the seller. This principle is outlined in Article 63 of the Consumer Code (D.lgs. 206/2005). According to this provision, when a seller arranges for the shipment, the risk of loss or damage to the item—regardless of whether the cause is attributable to the seller—transfers to the buyer only once they or a third party designated by them, other than the carrier, take physical possession of the merchandise. Therefore, if a package was destroyed during the fire at the Bartolini warehouse and was never delivered to the intended recipient, the financial burden falls on the seller rather than the consumer. There is one notable exception to this rule. Article 63 of the Consumer Code specifies that the risk passes to the buyer at the moment the package is handed over to the courier if the consumer independently chose the carrier without this option being proposed by the seller. Outside of this specific scenario, the seller remains responsible for the risk until the delivery is completed. Consumers who find themselves in this situation have two primary options available to them. They can either request the seller to send a new product or opt to cancel the purchase and receive a refund. These procedures are governed by Article 61 of the Consumer Code, which states that if the delivery does not occur within the agreed-upon timeframe or within 30 days of placing the order, the consumer must prompt the seller to deliver the item within an additional reasonable period. If this extended deadline also goes unmet, the contract can be terminated, and the seller is obligated to promptly refund all amounts paid, including shipping costs. To protect their rights effectively, it is advisable for consumers to submit their requests using traceable methods such as certified email (PEC) or registered mail with a return receipt, while keeping records of the order and tracking information. The relationship between the seller and the courier is distinct from that involving the consumer. While the legal responsibilities of the seller towards the consumer are clearly defined, the dynamics between the seller and the courier involve separate contractual obligations and liability considerations. Investigations into the cause of the fire are ongoing, with local prosecutors examining the possibility of arson by unknown individuals. Meanwhile, affected businesses and consumers are navigating the complex landscape of claims and compensation, seeking clarity on their rights and the steps necessary to secure redress for their losses.