Claiming refund on damaged goods signed by someone else

adam2456

Hi,

I ordered a gift for Christmas via the Internet and as many people do, I had this delivered to my office. Unfortunately, the receptionist signed for the goods despite them being were clearly damaged on arrival. I rang the delivery company as soon as I saw the item (about 10 mins after delivery) to try and get them to come back to take it but it wasn't possible.

Now I'm stuck with a broken item and the business I bought from is refusing to provide a refund/replacement because the goods were signed for on delivery even though it wasn't myself who signed.

I paid for the item on my credit card but it was under £100 so I'm not sure what my rights are. I've raised a complaint with the courier in an attempt to get the status of the item changed to damaged on delivery but I'm still waiting for a response and I'm not very hopeful.

Does anyone have any advice on how I can get a replacement?

Thanks
Adam

shocky_2

Signing for delivery only means the goods were delivered. It does not mean you accepted them or that they are not faulty. In any event, the receptionist had no authority to accept goods on your behalf. This is made quite clear by section 34 Sale of Goods Act 1979 which says you have a reasonable opportunity to examine the goods - http://www.legislation.gov.uk/ukpga/1979/54/section/34.

Hopefully the company will back down when you point this out. Might be worth threatening small claims court.

Although you don't meet the criteria for a s75 chargeback because the cost is under 100, there might be an additional chargeback scheme which covers you (I know visa operate a scheme for goods under 100). Its worth checking with your bank.

OlliesDad

youngsolicitor wrote: »

In any event, the receptionist had no authority to accept goods on your behalf.

Goods normally are consigned to be delivered to a particular address, rather than a individual person (otherwise not many people would ever get their daily post) therefore it is acceptable that the receptionist accept the parcel, unless of course explicit instructions were given not to.

Uncertain

OlliesDad wrote: »

Goods normally are consigned to be delivered to a particular address, rather than a individual person (otherwise not many people would ever get their daily post) therefore it is acceptable that the receptionist accept the parcel, unless of course explicit instructions were given not to.

It is acceptable to the courier or post office and means their job is complete. It also should be enough to prove delivery but it doesn't however absolve the company that sent them of their other legal obligations.

ILW

Was it signed for as "in good and undamaged condition"?

If so, sack the receptionist.

OlliesDad

Uncertain wrote: »

It is acceptable to the courier or post office and means their job is complete. It also should be enough to prove delivery but it doesn't however absolve the company that sent them of their other legal obligations.

Absolutely.. apologies i did not address the rest of youngsolicitor's post. He is correct in saying that the OP has redress against the seller as he must be allowed a reasonable time to inspect the parcel.

adam2456

Thanks for all your advice guys, I believe it was just a case of the delivery driver saying "sign here" to the receptionist then doing a runner as they normally do. So it looks like it is the seller rather than the courier I need to take this up with.

somethingcorporate

Yes, of course it is. You have no contract with the courier, only the seller.