'Posting at buyers own risk' from internet site

Gleeful

Hi guys

I want to order some of these;

http://www.maplemollys.co.uk/productDetail.cfm?Id=185#

But it says;

Due to the nature of this product, posting will be at buyers own risk. Although we protect in transit, item is extremely fragile.

What recourse would I have if they arrived damaged? Surely the seller has an obligation to deliver me a product that is intact?

TIA!

Techhead_2

What they are saying is that this is a delicate item, that should really be picked up (or use their local delivery service).
Personally, If you are going on about obligations for 75p worth of fragile sweet, you shouldn't be ordering.

Gleeful

Erm, what do you mean? I'll be ordering 45 of them, at a cost of £35. I think therefore obligations are important...............

Hintza

Have you actually spoken to them?

If not do so and see what they say.

Techhead_2

They are still only 75p each. They warn you that the items are delicate and do not travel well. It seems utterly pointless to be banging on about obligations and rights. Just find a local supplier.

cyberbob

Go elsewhere .. Simple. They may have legal responsibility to get the item to you in one piece, but how will you enforce it? If companies have silly no legal T&Cs the best answer is to go elsewhere.

eranou

Also as these are a food item how would the SOGA apply? say for instance one of the lollies snapped could it be argued that it is still "fit for purpose"? as it would still be edible.

mjm3346

This "warning" does not apply to their other items, clearly this one does not travel well and I assume they have found from experience that it is not worth the risk of getting it posted (as eranou says it is a food item so it is still fit to eat even in bits).

derrick

Gleeful wrote: »

Hi guys

I want to order some of these;

http://www.maplemollys.co.uk/productDetail.cfm?Id=185#

But it says;

What recourse would I have if they arrived damaged? Surely the seller has an obligation to deliver me a product that is intact?

TIA!

Of course they do, you are covered under DSR, the onus is on them to get the ,(undamaged), goods to the consumer.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

Can I charge the consumer the cost of insuring items that I send out?
3.20 No. These items belong to you until they have been accepted by your
consumer. So you cannot charge your consumers for carrying risks
that you should bear. See paragraph 3.36 for more information.


.

eranou

derrick wrote: »

Of course they do, you are covered under DSR, the onus is on them to get the ,(undamaged), goods to the consumer.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

Can I charge the consumer the cost of insuring items that I send out?
3.20 No. These items belong to you until they have been accepted by your
consumer. So you cannot charge your consumers for carrying risks
that you should bear. See paragraph 3.36 for more information.


.

Doe the right to cancel also apply to food though?

derrick

eranou wrote: »

Doe the right to cancel also apply to food though?

Maybe not as such, but this disclaimer IMO is trying to get around the DSR, they should be packaging them so as to arrive in good condition.


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