Courier failed to deliver, vendor refusing to compensate me

neilmcl

pph wrote: »

Can we detangle the "moral" debate (i.e. blame the neighbour) to the legal matter (it's the vendor's responsibility - they should claim the money back from the courier)?

I don't think it is a "moral" issue. Rightly or wrongly your neighbour accepted the parcel, therefore taking on a duty of care. By leaving it where they did they failed this duty of care and therefore could be liable for the costs of the item in question.

shocky_2

neilmcl wrote: »

I don't think it is a "moral" issue. Rightly or wrongly your neighbour accepted the parcel, therefore taking on a duty of care. By leaving it where they did they failed this duty of care and therefore could be liable for the costs of the item in question.

You are right - but the neighbour assumed a duty of care to the courier company. He does not owe a duty of care to the Op because he did not promise anything to the Op.

Legally, the relationships are as follows:
--> Op can sue vendor for breach of contract.
--> Vendor can sue courier company for breach of contract.
--> Courier company can sue neighbour for breach of duty of care (although this would be a problematic claim and, realistically, would never be pursued).

arcon5

If OP paid extra for a guaranteed or specific delivery then that extra amount should be refunded.

No it shouldn't. It's not their fault op wasn't hone when the first delivery attempt was made

--> Op can sue vendor for breach of contract.

What breach of contract?

pph

custardy wrote: »

if leaving with a neighbour is an issue. then you need to look very carefully at who you order with and what couriers they use

Would you honestly say that before ordering anything online, I should read through all the T's and C's of the company that the vendor uses for shipping?

And what happens when the vendor uses mutliple delivery companies depending on where they are shipping to? And what happens when the courier subcontracts the delivery (very common these days)?

Unrealistic.

custardy

pph wrote: »

Would you honestly say that before ordering anything online, I should read through all the T's and C's of the company that the vendor uses for shipping?

And what happens when the vendor uses mutliple delivery companies depending on where they are shipping to? And what happens when the courier subcontracts the delivery (very common these days)?

Unrealistic.

I would say its unrealistic not to expect a courier to have the possibility of leaving with a neighbour

pph

Well, I have had stuff simply left on the doorstep by Royal Mail. Still it's a realistic possibility they will do it again.

Does that make it acceptable?

Surely the law protects me here. I ordered something and never saw it - delivery company left it with a stranger without the vendor's or my permission.

Why does having the property adjoining to mine mean it's OK to leave it there? What if I had been feuding with them for years over a garden fence or something?

And Custardy, you didn't answer my question. Do you think I should ask for T's and C's of all possible courier companies and their subcontractors before ordering online?

shocky_2

arcon5 wrote: »

No it shouldn't. It's not their fault op wasn't hone when the first delivery attempt was made

What breach of contract?

The vendor is under a contractual obligation to deliver the goods to the Op. The goods were not delivered to the Op. This is a breach of contract. Remember that the Op has no contractual relationship whatsoever with the courier company.

arcon5

youngsolicitor wrote: »

The vendor is under a contractual obligation to deliver the goods to the Op. The goods were not delivered to the Op. This is a breach of contract. Remember that the Op has no contractual relationship whatsoever with the courier company.

Based on that logic a company is immediately upon accepting an order has breached the contract because the goods haven't been received yet.

They was contract to deliver the next day - they did this, but was unable to leave the parcel through ops own fault. They have subsequently attempted delivery and op is now In possession of the goods.


Op, stop blaming the company and claiming compensation for something you and your neighbour have caused. Accept the company have met their obligations and in future if you are not going to be home then don't specify next day delivery.

As an aside, you have no contractual relationship with the courier, the retailer does... So you have no right to change the delivery address specified by their customer.

pinkshoes

This is a tricky situation.

Ultimately, the parcel was not delivered to you, so the seller needs to refund or replace.

When they chase it up with the courier, the finger will be pointed at your neighbour, and the courier company could then take your neighbour to court or contact the police for theft of goods... (as they signed for it then dumped it!)

custardy

pph wrote: »

Well, I have had stuff simply left on the doorstep by Royal Mail. Still it's a realistic possibility they will do it again.

Does that make it acceptable?

No,nor does it make it delivery spec

Surely the law protects me here. I ordered something and never saw it - delivery company left it with a stranger without the vendor's or my permission.

Why does having the property adjoining to mine mean it's OK to leave it there? What if I had been feuding with them for years over a garden fence or something?

And Custardy, you didn't answer my question. Do you think I should ask for T's and C's of all possible courier companies and their subcontractors before ordering online?

The answer is,thats down to you
you went to great pains to state you never agreed to items being left with a neighbour
so its obviously an issue for you