Item lost in post - who is responsible? (Scotland)

pwni

Hi, my partner paid £20 for a DVD of a show that her son was in (Scouts Gang Show) - the cheque has been cashed but the DVD never arrived.

It's likely that after some correspondence that they will eventually replace it, however despite a lot of searching I don't seem to be able to find a definitive answer to the question of whether the seller or recipient is ultimately responsible for chasing lost items such as this. My partner has been dealing with a somewhat prickly individual who informed her...

" it is not the sender's responsibility to ensure delivery once the package is accepted by Royal Mail but the recipiant's duty to ensure that Royal Mail have access and can deliver mail."

Any hard information I have been able to find (OFT in particular) suggests otherwise but I don't know whether this applies to Scotland and whether it is directly relevant as the sender may not be defined in law as a distance seller.

Can anyone provide any clarity? As much for our own interest as anything else.

Thank you.

wealdroam

pwni wrote: »

Hi, my partner paid £20 for a DVD of a show that her son was in (Scouts Gang Show) - the cheque has been cashed but the DVD never arrived.

It's likely that after some correspondence that they will eventually replace it, however despite a lot of searching I don't seem to be able to find a definitive answer to the question of whether the seller or recipient is ultimately responsible for chasing lost items such as this. My partner has been dealing with a somewhat prickly individual who informed her...

" it is not the sender's responsibility to ensure delivery once the package is accepted by Royal Mail but the recipiant's duty to ensure that Royal Mail have access and can deliver mail."

Any hard information I have been able to find (OFT in particular) suggests otherwise but I don't know whether this applies to Scotland and whether it is directly relevant as the sender may not be defined in law as a distance seller.

Can anyone provide any clarity? As much for our own interest as anything else.

Thank you.

It certainly is the sender's responsibility to ensure the package is delivered.
The sender bought and paid for a service by Royal Mail. Royal Mail are acting as agents, and are under contract to, the sender.

When it comes to claiming compensation from RM, either the sender or intended recipient can make a claim.

unholyangel

[F2(4)In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.]

Sale of goods act.

shaun_from_Africa

pwni wrote: »

Any hard information I have been able to find (OFT in particular) suggests otherwise but I don't know whether this applies to Scotland and whether it is directly relevant as the sender may not be defined in law as a distance seller.

" it is not the sender's responsibility to ensure delivery once the package is accepted by Royal Mail but the recipiant's duty to ensure that Royal Mail have access and can deliver mail."

That comment from your seller is correct in as far as it goes, but it should also state a bit more.
It is Royal Mail's responsibility to deliver the goods but if they fail to do this then it is the sellers responsibility to put the matter right by either refunding or replacing the missing item.

The SOGA is very specific about this.

http://www.legislation.gov.uk/ukpga/1979/54

20[F24 Passing of risk.

(1)Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not.

(2)But where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party at fault as regards any loss which might not have occurred but for such fault.

(3)Nothing in this section affects the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of
the other party.

[F25(4)In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.

visidigi

that reads like it was sent recorded delivery, was it? The comment about them having access and can deliver.

What's your circumstances for them to be saying that?

soolin

visidigi wrote: »

that reads like it was sent recorded delivery, was it? The comment about them having access and can deliver.

What's your circumstances for them to be saying that?

It makes no difference. The seller chooses the service that protects them , not the buyer.

pwni

Thanks all - very helpful.

visidigi wrote: »

that reads like it was sent recorded delivery, was it? The comment about them having access and can deliver.

What's your circumstances for them to be saying that?

visidigi, as I understand it, the item was sent standard first class post.

As I said, it appears that they are, begrudgingly, going to send another copy (by recorded delivery) but I just wanted to confirm that the law regarding this is as I thought it was ie seller's responsibility until item is delivered.