is this legal?

boredandconfused

I used to work for a company that sold white goods etc, and delivery drivers were not allowed to enter the house as they weren't insured to enter the property . However, if the customer had paid extra to get them installed and the old appliance removed then they were allowed to take it in the house..

theGrinch

robpw2 wrote: »

the other thing if the fridge was to heavey for one man to carry down the stairs how did he get it off van and why did they not supply him with a mate to help carry the fridge ..

no doubt half the labour cost.

I have noticed a wide variation from company to company. some companies will supply two men and move every item not only into a house but into the room you want, even up stairs. Tesco did this for me. I recall I had a fridge carried, not pushed, but carried by one man - a skinny chap and I thought he would snap.

Some companies have a driver that will ask you to help and usually, I will as its not the driver's fault and provided its not massively heavy. There was one driver that had to deliver two dozen bulky items on his own as well as watch that his van wasn't nicked - he was running in and out of the house.

But where its a large bulky item as a fridge freezer then there is no excuse for the company not supplying two able men to transport this item, especially but not exclusively where the customer is not able to move a large item i.e the eldery, pregnant or just not physically strong.

Im inclinded to write to the director of the company for an explanation.

OlliesDad

ts_aly2000 wrote: »

Surely if a delivery driver won't deliver, then he's not a delivery driver is he?

Somehow I do feel that they're employing the wrong people. They'd soon buck their ideas up while standing in the dole queue.

I'd personally phone up the company and have them take it back. I'm assuming it's covered under the DSR?

I would imagine the customer would be responsible for the carriage back.

Surely the lady signed for it accepting the delivery??

Bowling_4_Gold

I think it's wrong that it was done to an elderly person, but generally I see not alot wrong with what was done. No doubt the company are not insured to enter the house - I mean what if the fridge was to fall onto your elderly relative? I'm sure you would be the first to complain. I remember when I used to trade in certain large, heavy items, most couriers never went up steps... it was against their T's and C's.

ts_aly2000

OlliesDad wrote: »

I would imagine the customer would be responsible for the carriage back.

Surely the lady signed for it accepting the delivery??

Not under the DSR you're not, UNLESS they made it clear in the first place.

If the company completely avoided any DSR contract terms (like, to say that it doesn't apply to them) then they end up liable for the whole lot.

yummymummy79

ts_aly2000 wrote: »

Not under the DSR you're not, UNLESS they made it clear in the first place.

If the company completely avoided any DSR contract terms (like, to say that it doesn't apply to them) then they end up liable for the whole lot.

DSR isn't optional, even if they don't mention it on website or anything it still applies, (you may have longer than the 7 days if suitable paperwork not given etc but no need to go into this here!). If you return something under DSR then you are liable for the cost, unless the company offer to cover it via a freepost label or something similar but they don't have to. You're choosing to send it back to you pay for it (yes I appreicate there may be valid reasons for why you are sending it back but doesn't change the fact that it is a choice being made to do so).

mc33033

yummymummy79 wrote: »

If you return something under DSR then you are liable for the cost, unless the company offer to cover it via a freepost label or something similar but they don't have to.

Hi Yummymummy79

ts_aly2000 is right - unless the companys T&Cs make it crystal clear that the consumer bears the return costs then all the consumer has to do is make the item available for the retailer to pick up. So if a company doesn't state anything about who bears the return costs in their T&Cs then as soon as the consumer cancels the retailer has to sort out the return at their own cost and still has to refund within the 30 days even if the item is still at the consumers house.

kiddy_guy

Advise who the company are, we can then check their T&C's and tell you the answer!

Pssst

'elf n safety mate. One guy on his own can hardly be expected to hump a large appliance up steps.

scullster

I tend to agree with the bulk of the posts in regards it is a disgraceful attitude on behalf of the delivery agent / retailer.

Under the circumstance, the driver shouldn't have removed the unit from his van. He would've knocked on the door to establish there was someone in, and then should've established someone available to carry it over the threshold. Also, the consumer should not have signed for it.

To answer those who mentioned the risk of getting it off the van - it would be a tail lift and a sack truck, no steps or lifting.

Whilst quoting DSR, yes it can be returned yada yada yada BUT the onus is on the consumer to retain possession and take reasonable care of the product pending collection.

Get on to the retailer........ their delivery agent has not acted reasonably under the circumstances