Not liable for undelivered parcel to business address?

Macansbacher

Hi all,

I made an order online with debenhams which was to be delivered to my work address. It was dispatched as 3 parcels and only 2 have arrived. The third was signed for apparently with the same signature as the other 2 but nobody here seems to have received it. (As a side note, it has been signed for in my name but I was out of the country on that date!)

I've complained to debenhams, they've said that because it's delivered to a business address (although purchased in a personal name), they aren't liable for it going missing and have pointed me to their t's and c's (copied and pasted below). Is this right? Has my money now gone down the drain??

Please help!
Mac.

Debenhams t's and c's:
"4.7 For orders delivered to companies nominated by you to accept delivery on your behalf, Debenhams shall have no liability after delivery has taken place. For the avoidance of doubt, this includes hotels, B&Bs, business addresses, concierge services (including serviced apartments), freight forwarding companies, storage relocation companies and any other commercial address provided to us by you for delivery. Should delivery to such an address be disputed, Debenhams shall have no liability if Debenhams has proof of delivery such as a signature, photograph or a GPS Geo-Fence location. Should a product suffer any damage following acceptance of the delivery at one of these locations on your behalf, Debenhams shall have no liability. Goods are delivered to commercial addresses at your own risk.
4.8 We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances "

Paul_DNAP

Yes, it does seem that the goods receiver signed for all three packages and so as far as they are concerned they delivered all three to your good receiver, and if they didn't get from the goods-in to you then it is out of their hands, which seems like a fairly logical stance for them to take.


You will need to demonstrate that the third package never existed, which will be tough as they have it in writing on your behalf that it did.

Mr_Singleton

One of your work colleagues has light fingers..... can't blame the sending company for that.

born_again

>> The third was signed for apparently with the same signature as the other 2 but nobody here seems to have received it <<

So who signed for the other 2? Who took responsibility to pass them to you?
All delivered at the same time?

sazaccount

Macansbacher wrote: »

Hi all,

The third was signed for apparently with the same signature as the other 2 but nobody here seems to have received it. (As a side note, it has been signed for in my name but I was out of the country on that date!)

I just wanted to point out that when packages are delivered the mail room/reception will just sign once on the PDA for all packages weather there is 1 or 10 parcels.

The_Rainmaker

Macansbacher wrote: »

(As a side note, it has been signed for in my name but I was out of the country on that date!)

This is a little strange, why buy if you know you are not going to be there?

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

Passing of risk
(1)A sales contract is to be treated as including the following provisions as terms.
(2)The goods remain at the trader’s risk until they come into the physical possession of—
(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.


From what I can understand they are correct in their stance unless you can demonstrate otherwise.

Do you know which courier delivered the goods?