Monsoon order not received

mobileron

Never ever use your debit card for online purchases,if its hacked its your money not the banks.

You have more rights with a CC,

Alisha2008

I would normally do that but I had purchased from Monsoon many times before with no issues.

p00hsticks

mobileron wrote: »

Never ever use your debit card for online purchases,if its hacked its your money not the banks.

You have more rights with a CC,

Only if the individual item is over £100. Although the OP say that the total cost of the package was over £100, then if it consisted of - for example - four dresses costing £30 each, then I don't believe Section 75 (the additional right of a credit card over a debit card that you refer to) would apply.

JJ_Egan

Alisha2008 wrote: »

For me a scribble is not proof that Hermes has delivered it, if they had provided a name that would be something that could be checked, but as far as I know the driver could have done that scribble and put my packet in the bin or keep it for himself.

Or it was delivered and signed for and whoever signed kept the parcel .

DCFC79

For future reference why not use click and collect as an option ?

Alisha2008

DCFC79 wrote: »

For future reference why not use click and collect as an option ?

I don't have any shop nearby.

unholyangel

the_lunatic_is_in_my_head wrote: »

As an aside does:

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

29 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.

mean that having an order delivered to a work address dictates the passing of risk has occurred once delivered to the business address?

Fully appreciate it could (likely) be a Hermes screw up but if the delivery was successful has the company fulfilled their obligation?

No. The wording of the act is it coming into the physical possession of a person identified by the consumer. The situation you describe, the wording would need to be something like "the goods enter the physical possession of any person at the address identified by the consumer for delivery of goods".

Retailers may contract with third parties like hermes under terms which allow the courier to deliver to anyone at an address or a neighbour/safe place, but that only affects hermes liability to monsoon, not monsoons to the OP.

Unless monsoon can prove the person who signed was identified by the OP, the liability for any losses or damage remains theirs.

OP could try a chargeback or failing that, a letter before action to monsoon.

the_lunatic_is_in_my_head

Thank you for the clarification, I didn't wish to suggest the OP pursue Moonsoon if the regs meant the opposite.

dacouch

The Hermes website allows you to see the name of the person who signed for the parcel along with their signature

Alisha2008

dacouch wrote: »

The Hermes website allows you to see the name of the person who signed for the parcel along with their signature

Nope, there was no name. Only a signature. The name under the signature was mine.

This was Fri at 18:00 when my office was closed and when asked in the other 2 offices they said it would have been strange for anyone to be there at that time on a Friday.