Short answer. Yes, generally. Under Article 1523, when the seller is authorized or required to send the goods to you, handing them to a carrier for transmission is deemed delivery to you — so ownership and risk usually pass at that point, unless a contrary intent appears or one of the exceptions applies.
What the law says
delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer
Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →
What the law says
unless a contrary intent appears
Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →
What the law says
Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable
Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →
What the law says
the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages
Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →
What the law says
the seller must give such notice to the buyer as may enable him to insure them during their transit
Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →
The general rule: handing to the carrier is delivery to you
Article 1523 governs shipment sales. Where the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer. In plain terms, once your seller properly hands the goods to the courier for shipment to you, the law treats you as having received them — even though the parcel is still on the road. That normally fixes the moment ownership and the risk of loss pass from seller to buyer.
The exceptions — when it is not delivery yet
The rule is not absolute. Article 1523 itself carves out the cases in article 1503, first, second and third paragraphs — where the seller reserves ownership or possession, such as by taking a bill of lading deliverable to himself or his agent. It also yields unless a contrary intent appears. So if your contract says title and risk stay with the seller until the goods reach your door, that agreement controls. Handing to the carrier is the default trigger, not an unbreakable one; what you and the seller actually agreed can move the point of delivery later.
The seller's duty to arrange carriage properly
Being deemed delivery cuts both ways. The seller cannot simply dump the goods with any carrier on any terms. Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, given the nature of the goods and the circumstances. If the seller fails in this and the goods are lost or damaged in transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. A careless shipping arrangement can therefore undo the seller's protection.
Insurance notice, and what this does not decide
Where the seller knows or ought to know it is usual to insure goods in transit, the seller must give such notice to the buyer as may enable him to insure them during their transit; if he fails, the goods stay at the seller's risk during transit. Keep in mind what Article 1523 does not do: it does not override a clear "delivered to your door" style term, and it does not settle who pays freight or how a warranty claim is proven. It fixes the moment of delivery in a shipment sale, leaving the parties' specific stipulations to govern the rest.