Delivery rights discussion

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Comments

  • Seems a familer story... I had city link on saturday dump my marks and spencer parcel next to my door step (very busy main road) and put an unfilled card through my door not telling me anything! Of course no parcel when I returned home, but the worst thing is my parcel was a case of alochol! Of course m&s refunded it, as they were now out of stock, but im very annoyed as i had taken advantage of a very good offer and am now stuck looking for replacements!
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Lots of 1-post newbies in this thread. I guess they have received an MSE email/newsletter about this article and felt suitably aggrieved to join/post. :)
  • G6JPG
    G6JPG Posts: 147 Forumite
    First Anniversary Combo Breaker
    Any suggestions of how to add this to online orders? Most of those are automatic, with no opportunity to include any such text (though I've just realised there's a "message to seller" option on ebay).
  • I incurred months of dispute with UPS over a delivery from Microsoft.

    In short UPS held a signature they stated was mine and produced POD. The signature was not mine and nor could it have been as I was actually away in Greece at the time. I checked with neighbours in case some had taken the parcel in.....negative.

    I requested UPS challenge the delivery person and state where the parcel was delivered to. Nothing happened.

    The end result UPS stated (and written in their terms & conditions) a signature was obtained and thats the end of their responsibility.

    Microsoft declared it was not their issue as it was handed to the courier!

    In the end as I paid through credit card I had my money returned via the card company.....

    I never seen the goods !!!!

    I warn anyone using UPS..........
  • I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

    Any suggestions?
  • kimbokoo
    kimbokoo Posts: 13 Forumite
    Hi
    am after a bit of advice
    Ordered a pair of shoes from office on 29/11/11
    it was dispatched on 01/12/11
    started tracking it online at HDNL and it was out for delivery on 3rd December early in the morning, and then was scanned back in the depot later that evenning (about 6pm).
    Had to ring up and arrange redelivery for it for yesterday - my grandad waited in all day for it and it never turned up!
    rang up today and they said they tried to deliver it at the address which is in Manchester at 20.58 no answer so they left a card, yet it was scanned back in the depot in warrington at 21.08 - there is no way on gods hold earth that you could make it form manchester to warrington in ten mins!
    it has been scanned back into the depot twice today! I have been on the phone to them several times, twice being told they would send an email and try and get it on a delivery today and the last time i spoke to them they said it would not be ddelivered today so whoever told me that was wrong!
    told them no one attempted to deliver or left a card and they said they will put in a complaint about the driver and get it out for tomorrow.

    where do i stand with this??

    and worse case, if its not delivered tomorrow i am going to have to take the day off on friday to try and pick it up from the depot.

    am so frustrated and so blummin annoyed!!!!!
  • bod1467
    bod1467 Posts: 15,214 Forumite
    JohnDowell wrote: »
    I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

    Any suggestions?

    Letter before action then small claims court?
  • Optimist
    Optimist Posts: 4,556 Forumite
    First Anniversary
    JohnDowell wrote: »
    I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

    Any suggestions?


    Looks like they are trying to exclude liability due to negligence which would be in breach of of the Unfair Contract Terms Act unless of course it was reasonable to do so.

    I assume your customer isn't trying it on !

    Unfortunately it is a business to business contract so you don't have anywhere near the protection a consumer does. However you can use the Small Claim Court. I presume your leaflets didn't come over the £5k limit.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • kimbokoo wrote: »
    Hi
    am after a bit of advice
    Ordered a pair of shoes from office on 29/11/11
    it was dispatched on 01/12/11
    started tracking it online at HDNL and it was out for delivery on 3rd December early in the morning, and then was scanned back in the depot later that evenning (about 6pm).
    Had to ring up and arrange redelivery for it for yesterday - my grandad waited in all day for it and it never turned up!
    rang up today and they said they tried to deliver it at the address which is in Manchester at 20.58 no answer so they left a card, yet it was scanned back in the depot in warrington at 21.08 - there is no way on gods hold earth that you could make it form manchester to warrington in ten mins!
    it has been scanned back into the depot twice today! I have been on the phone to them several times, twice being told they would send an email and try and get it on a delivery today and the last time i spoke to them they said it would not be ddelivered today so whoever told me that was wrong!
    told them no one attempted to deliver or left a card and they said they will put in a complaint about the driver and get it out for tomorrow.

    where do i stand with this??

    and worse case, if its not delivered tomorrow i am going to have to take the day off on friday to try and pick it up from the depot.

    am so frustrated and so blummin annoyed!!!!!

    Have you tried contacting the retailer? They're normally the quickest way to a carrier's heart...
  • bod1467
    bod1467 Posts: 15,214 Forumite
    While many worry about online shopping safety, in terms of consumer rights it’s a blessing. The Distance Selling Regulations mean that if you buy online or by phone, you have a right to change your mind within seven days, even if there’s no fault. Just send the goods back to get a refund of the price and delivery charge – though perhaps not the cost of returning it, depending on whether the retailer covers this in their T&Cs.
    My suggested tweaks in bold. (First paragraph under the heading "Become a roboshopper").
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