Apple will not refund a missing parcel £700 out of pocket :(

prowla

bris wrote: »

The contract is fulfilled, the postal services deliver to an address not a recipient.


In UKmails case you will find in the T&C's 8.3. You will also find it in every other couriers T&C's.


Can you imagine the amount of false claims not to mention the amount of failed deliveries if it had to be a recipient that received it, the postal service could never handle this.


I the parcel has been delivered to the correct address the contract is fulfilled and the OP's problems are in their own household.

The contract is for Apple to supply the customer with the purchased goods; it hasn't been fulfilled.

marleyboy

When my iMac arrived, it too had "not to be delivered to neighbours" on the packaging. I noted the delivery guy had one of those small body cameras on and thought what a good idea it was for them to use these as proof of delivery.

However he told me that it wasn't company policy but to secure himself against missing parcels. Maybe this should be standard for couriers of high value items.

unholyangel

peachyprice wrote: »

It's not unusual for high value items to actually state on the label 'Not to be left with neighbour/in a safe place. Just like the iphone my son received 2 weeks ago that was addressedto him but signed for by my husband.

Might be misunderstanding your post but I'm assuming you mean that perhaps they've denied the claim as they have such a requirement of their couriers?

But of course just because the T&C's between the courier and the retailer say that that should happen, doesn't mean the courier can't ignore it. Theres no shortage of examples of couriers doing what they shouldn't.

They should have a procedure in place to deal with these types of claim. To refuse to deal with it at all is fundamentally wrong and has the effect of allowing them or their agents (the courier) to be negligent with impunity.

unholyangel

Btw, both the SoGA and CRA made provisions so that risk passes when goods come into the physical possession of the consumer or someone identified by the consumer as being authorised to receive the goods on their behalf.

Notice it says when they come into the physical possession of the consumer - rather than "once they are delivered to the designated address".

And yet despite this being the case for several decades, retailers have always tried the old "we have a signature, therefore its nothing to do with us" line.

C_Mababejive

This all sounds a bit iffy to me. OP needs to report the matter to CC company as they share responsibility.

Marktheshark

Whilst the items are the legal responsibility of the retailer they are "goods" .
When they become the responsibility of the individual they become possessions or property .

Goods are defined in legal terms as Items for trade or sale and the police investigate the theft of "goods" in commerce by a business far more rigorously than the theft of someone's "property".
This is why you see police dragging shoplifters away in cuffs for stealing a bottle of shampoo, because it is theft of commercial goods.

The retailer is the victim if the goods are not legally handed over to the recipient.
They favour pushing the envelope over the line and trying to get the customer to accept the goods were delivered and start doing all the running around, the retailer can then wash their hands of the issue.

The purpose of sites like this is to help people define the thin grey lines and inform them of their rights.

Where the courier steals a parcel the retailer is the victim.
Thousands of parcels are stolen every day.
The retailer is responsible for reporting the crime as they were owners of the goods.

The OP can claim from the credit card company as the contract was not incepted by delivery of the goods and the goods therefore never became the property of the OP.

BigBopper

Marktheshark wrote: »

Whilst the items are the legal responsibility of the retailer they are "goods" .
When they become the responsibility of the individual they become possessions or property .

Goods are defined in legal terms as Items for trade or sale and the police investigate the theft of "goods" in commerce by a business far more rigorously than the theft of someone's "property".
This is why you see police dragging shoplifters away in cuffs for stealing a bottle of shampoo, because it is theft of commercial goods.

The retailer is the victim if the goods are not legally handed over to the recipient.
They favour pushing the envelope over the line and trying to get the customer to accept the goods were delivered and start doing all the running around, the retailer can then wash their hands of the issue.

The purpose of sites like this is to help people define the thin grey lines and inform them of their rights.

Where the courier steals a parcel the retailer is the victim.
Thousands of parcels are stolen every day.
The retailer is responsible for reporting the crime as they were owners of the goods.

The OP can claim from the credit card company as the contract was not incepted by delivery of the goods and the goods therefore never became the property of the OP.

(Text removed by MSE Forum Team)

The police don't see burglars as serious criminals then?

marleyboy

Not anymore. certainly not enough to send an officer out. Instead they give the victim a crime reference number over the phone there and then. :eek:

custardy

enfield_freddy wrote: »

yes I agree with that statement for general posted goods delivered by a postman , however for a signed for item the parcel is sent to a "Mr XXXX" at "XXXX XXXX" address and has to be signed for by a Mr XXXXXX ,

Is it? So when you sign for any item you supply ID?

prowla

marleyboy wrote: »

When my iMac arrived, it too had "not to be delivered to neighbours" on the packaging. I noted the delivery guy had one of those small body cameras on and thought what a good idea it was for them to use these as proof of delivery.

However he told me that it wasn't company policy but to secure himself against missing parcels. Maybe this should be standard for couriers of high value items.

That's not a bad idea, actually.

I often take deliveries for neighbours, and I always ask the courier to put a note through their door.