Short answer. No, not necessarily. Article 1523 requires the seller to make a reasonable shipping contract with the carrier on the buyer's behalf. If the seller fails to do so and the goods are lost or damaged in transit, you may decline to treat delivery to the carrier as delivery to you, or hold the seller responsible in damages.

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, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of 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.

Civil Code, Article 1523 — Delivery to the Carrier Is Delivery to the Buyer. Read the full provision →

The general rule, and the exception that matters here

Article 1523 generally treats delivery of goods to a carrier, for transmission to the buyer, as delivery to the buyer, which ordinarily shifts risk to the buyer once the goods are handed to the carrier. But this general rule depends on the seller having made a reasonable shipping arrangement. The article requires that unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.

What happens when the seller's arrangement was not reasonable

Where the seller fails to make that reasonable arrangement, and the goods are lost or damaged in the course of transit, Article 1523 gives the buyer two options: to decline to treat the delivery to the carrier as a delivery to himself, or to hold the seller responsible in damages. In other words, a careless shipping arrangement on the seller's part can mean the ordinary rule shifting risk to the buyer at the point of delivery to the carrier simply does not apply, or that you can pursue the seller directly for the loss.

What counts as a reasonable arrangement

The article ties reasonableness to the nature of the goods and the other circumstances of the case, rather than setting a fixed standard for every shipment. What is reasonable for fragile or perishable goods may differ from what is reasonable for durable goods, and factors like the carrier chosen, the terms of carriage, and any known risks of the particular shipment can all bear on whether the seller's arrangement met this standard, or fell short of it in a way that caused or contributed to the loss.

A related duty: telling the buyer to insure

Article 1523 also addresses insurance separately: where the seller knows or ought to know that it is usual to insure goods being sent, the seller must give the buyer notice enabling him to insure them during transit, and if the seller fails to do so, the goods are deemed to be at the seller's risk during that transit. This is a distinct duty from arranging reasonable carriage, but it works toward the same end of not leaving the buyer stuck with a loss caused by the seller's own oversight.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.