Parcel delivered to wrong address

mcphail

Just a wee bit of advice please?
When the parcel I was waiting for had not arrived, I e mailed the shop, to find out where it was. They said it had been delivered, and sent a picture of it sitting outside the door. However, it is not my door, and not even in my block of flats. I have tried the flats next door, and it's not there either. I have no idea where it's been left.

When I e mailed them to explain it's been delivered to the wrong address, they replied and said it's the buyer responsibility to receive a parcel, and they cant do anything about it. They can't even claim when an imaged attached in a safe place! That can't be right, can it?

Just wanted any advice on how to take this further please?

Thank you

Ms_Chocaholic

No, it isn't right. The shop need to claim from their courier for the missing parcel and either send you a new item or refund.

the_lunatic_is_in_my_head

http://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.
(3)Subsection (2) does not apply if the goods are delivered to a carrier who—
(a)is commissioned by the consumer to deliver the goods, and
(b)is not a carrier the trader named as an option for the consumer.
(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.
(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.
(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction.

Send them the above and maybe a picture of your front door to show the courier information is incorrect and ask them to resend the order.

Should you eventually end up with two if someone takes the time to get the first parcel to you the supplier should be notified so they can collect the duplicate.

POPPYOSCAR

How did you pay?

born_again

POPPYOSCAR wrote: »

How did you pay?

Please don't say get a chargeback.

It will fail as it can be proved it was delivered. As far as Visa etc go. If the retailer can prove it was delivered, it does not matter if it was the OP or Santa Claus.

mcphail

Thank you for your kind advice. Paid by debit card, but hoping once I send them the e mail, it will resolve the matter. Thanks again!

Ms_Chocaholic

Keep this thread updated mcphail for anyone in a similar situation in the future.

POPPYOSCAR

born_again wrote: »

Please don't say get a chargeback.

It will fail as it can be proved it was delivered. As far as Visa etc go. If the retailer can prove it was delivered, it does not matter if it was the OP or Santa Claus.

How can they 'prove it was delivered' when it was not left at the correct address?

born_again

POPPYOSCAR wrote: »

How can they 'prove it was delivered' when it was not left at the correct address?

All Visa etc want to know if it was sent & delivered. Which they have proof off from the picture. Makes no difference if wrong address or even what was sent....
If you order a TV and a empty box arrives, and delivery can be proved. As far as a chargeback goes. Its's been delivered.