Couriers again. This time from seller perspective.

workshy_2011

6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below. .

OK, so I'm new to dealing with firms as a non-consumer.

So I lose all my consumer protection?

And they try to exclude the law ! (Unfair Contract Terms Act 1977 ) I'm guessing this is !!!!!!!!, and the extent to which they can exclude it is zero?

workshy_2011

visidigi wrote: »

Internationally the Warsaw and Montreal conventions insist on a level of cover based on weight with a minimum amount - this is a globally agreed method and process, for domestic there isn't an equivalent of which I am aware.

Do the conventions say who pays for this cover?

the_lunatic_is_in_my_head

workshy_2011 wrote: »

Indeed lunatic. Ignore my particular problem as most people are Why is the logistics industry the one (any others?) that geta away with shifting it's liabilities onto the consumer.

I've only had this issue once, checked with the courier who checked with the driver (might be a bit difficult with parcel2go as you don't have a contract with the courier but if you call the local depot, provide the tracking and ask them to investigate they might do this for you), all checked out but parcel was left in a "safe place" so I asked the customer to report the theft of their parcel from their property to the police and provide a crime reference. They did and so had demonstrated, as best it could be, they didn't get the parcel.

In that instance the parcel should not have been left where it was so I was refunded, within the compensation limit, and fortunately only lost a tenner.

the_lunatic_is_in_my_head

visidigi wrote: »

Internationally the Warsaw and Montreal conventions insist on a level of cover based on weight with a minimum amount - this is a globally agreed method and process, for domestic there isn't an equivalent of which I am aware.

That appears to cover passengers when travelling by air?

Just to edit, it covers

This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22001A0718%2801%29:en:HTML

I doubt the OP's parcel left the ground.

workshy_2011

bris wrote: »

Op you face 2 problems,

1. This would be a B2B transaction so you are bound by those terms as consumer rights do not come into this, so no unfair terms.

2. They claim it's been delivered and the squiggle in a box is a signature, whether you believe the customer or not the courier will use this as proof in any court case.

So in regards to this no one here can actually say the courier is negligent because, for me anyway, there is a good chance the buyer is the one at it.

I will have a signed statement from the buyer saying item was not delivered and he has not received it.

I will ask them for a signed statement from driver saying it was delivered to correct address.

(note: they are still investigating, so hopefully they won't claim to have delivered it to the correct address)

visidigi

workshy_2011 wrote: »

Do the conventions say who pays for this cover?

Its for international shipments.

The payment is made by the couriers themselves to the contracted purchaser of the service.

So in this case, because you bought from Parcel2Go and not the courier only Parcel2Go can claim it - they can then choose, how much, if any they pass on to you based on their own terms and conditions.

visidigi

the_lunatic_is_in_my_head wrote: »

That appears to cover passengers when travelling by air?

Just to edit, it covers

This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22001A0718%2801%29:en:HTML

I doubt the OP's parcel left the ground.

Which is why I said... International.

the_lunatic_is_in_my_head

visidigi wrote: »

Its for international shipments.

The payment is made by the couriers themselves to the contracted purchaser of the service.

So in this case, because you bought from Parcel2Go and not the courier only Parcel2Go can claim it - they can then choose, how much, if any they pass on to you based on their own terms and conditions.

Sorry just edited the post above before this one appeared:

This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22001A0718%2801%29:en:HTML

Wouldn't apply to the OP in this case if their parcel travelled by road.

the_lunatic_is_in_my_head

visidigi wrote: »

Which is why I said... International.

So we are still back to you don't know;)

visidigi

the_lunatic_is_in_my_head wrote: »

So we are still back to you don't know;)

As I said on post 41, I am not aware of a domestic equivalent.