Topshop order not received but they say delivered

tickles_313

Hi, I would appreciate if anyone could tell me where I stand- I placed an order on Topshop website on 23rd dec and still have not received it. I contacted them yesterday and they state that the order was left in my shed. I do not have a shed and neither do any of my neighbours. I don't where my parcel has been left but not with me. The order was to the value of £130 and I would have thought someone would have needed to sign for it, so to be left in some shed is unnceptable. The items i ordered are now sold out online. Will they give me a refund? I am worried because it has clearly been delivered to someone but
Not to me. Thanks for any help

*gem*

They will investigate and eventually give you your money back.

They normally get the courior company to interview the driver and make him show them where it was left. If they find that he was at fault, you'll get a refund.

clsmac

This is a bit of an interesting one; the contract is with you and Topshop.
It is Topshop who have asked the delivery company to deliver the goods to you personally not a shed therefore the goods were never delivered to you.
Under the Distance Selling Regulations, Topshop have 30 days to fulfill the transaction; they may argue that they have by sending you the goods even if you have not received them.
But if this was my problem I would strongly suggest to them that it was you who placed the order not a shed. You legally have the right to your money back as you have not received the good you have purchased and it is up to Topshop and the delivery company to work out where the good have gone.

*gem*

I've been in this situation with another well known online clothes retailer who's courier company left three orders on two seperate occassions in my garden. Not in a shed though, in the middle of my front lawn and by the front door in view of the street. :eek: Apparently, according to the courier they can leave it in any 'safe' place and do not need signatures. I received a refund the first and then they told me that all further orders delivered to my address and at my own risk. Even though I wrote on the shipping label not to leave my parcel in the garden, the courier still did and I was not refunded for that order. They told me it was my loss and to call the police. I've never ordered online from them since and never will!

unholyangel

*gem* wrote: »

I've been in this situation with another well known online clothes retailer who's courier company left three orders on two seperate occassions in my garden. Not in a shed though, in the middle of my front lawn and by the front door in view of the street. :eek: Apparently, according to the courier they can leave it in any 'safe' place and do not need signatures. I received a refund the first and then they told me that all further orders delivered to my address and at my own risk. Even though I wrote on the shipping label not to leave my parcel in the garden, the courier still did and I was not refunded for that order. They told me it was my loss and to call the police. I've never ordered online from them since and never will!

Should've sent a LBA or contacted trading standards. Not much use in hindsight, i know

clsmac

I think people sometimes forgetting the contract is with the online company not the delivery company; the delivery company have a contract with the online company to deliver the product.
The online company have to ensure the order gets to you, the person ordering it or the person you have asked for it to be sent to. Just because the deliver company have different rules about where they can or cannot leave you order, does not really concerns you as you have not agreed to any term or conditions set down by them as you contract is with the online company.

If you do not get any joy from Topshop and if you pay with credit card you could always try claiming under [FONT=&quot]Section 75[/FONT]

tomwakefield

*gem* wrote: »

I've been in this situation with another well known online clothes retailer who's courier company left three orders on two seperate occassions in my garden. Not in a shed though, in the middle of my front lawn and by the front door in view of the street. :eek: Apparently, according to the courier they can leave it in any 'safe' place and do not need signatures. I received a refund the first and then they told me that all further orders delivered to my address and at my own risk. Even though I wrote on the shipping label not to leave my parcel in the garden, the courier still did and I was not refunded for that order. They told me it was my loss and to call the police. I've never ordered online from them since and never will!

Name and shame! I certainly don't want to shop somewhere with such disregard for the law.

unholyangel

clsmac wrote: »

I think people sometimes forgetting the contract is with the online company not the delivery company; the delivery company have a contract with the online company to deliver the product.
The online company have to ensure the order gets to you, the person ordering it or the person you have asked for it to be sent to. Just because the deliver company have different rules about where they can or cannot leave you order, does not really concerns you as you have not agreed to any term or conditions set down by them as you contract is with the online company.

If you do not get any joy from Topshop and if you pay with credit card you could always try claiming under [FONT=&quot]Section 75[/FONT]

Or if they paid with a debit card.....chargeback.

bod1467

clsmac wrote: »

If you do not get any joy from Topshop and if you pay with credit card you could always try claiming under [FONT=&quot]Section 75[/FONT]

Only if the order value was more than £100. However the chargeback process should still be an option for values under £100 (credit card) or any value (debit card).

fluffnutter

bod1467 wrote: »

Only if the order value was more than £100. However the chargeback process should still be an option for values under £100 (credit card) or any value (debit card).

Always worth pointing out. In this instance the OP has said that the goods were worth £130 so she should be OK if she chooses to do this.

tickles_313

Hi, thanks for everyone's help. I sent Topshop an email stating that I do not have a shed and don't know where my
Order was left but it wasn't with me. As the items I ordered are now all out of stock, they said try will refund me in full an it should show up in my account in a few days. Disappointed about not getting the items as they were mostly sale shoes which I had been after for ages but at least I'm getting my money back, and someone has got a Topshop parcel worth £130 sitting in their shed!