Received an empty parcel from royal mail

john_k_ni

Hi guys, wondering if you could help me. I ordered an item online from a shop. I received an empty parcel, with a slit and sellotaped on top of the royal mail special delivery bag.
However, as I didn't notice that at the moment, I signed for it. I am trying to arrange a refund with the shop, but they are saying that it is up to royal mail to sort this.
Is there anything I can do? What does the law predict on this?

KatrinaWaves

You didnt notice the parcel was entirely empty?

I understand not noticing sellotape, but surely you noticed it was weighing a lot less than you expected?

BooJewels

There are 2 contracts in place for this transaction. The supplier has an obligation to supply you with what you ordered, then Royal Mail has an obligation to the supplier to transport the item to you.  So your contract is with the supplier, then they have a separate contract with Royal Mail.  It is not up to you to sort it with Royal Mail - you don't have a contract with them.

I sell on-line and in the very, very rare event where I've had an issue, I make it good with my customer first and foremost, then take the matter up, if required, with the carrier, usually Royal Mail in my case.  The ins and outs of whether you should have spotted the problem with the parcel is a separate issue I'm not going to confuse the matter with.

john_k_ni

KatrinaWaves said:

You didnt notice the parcel was entirely empty?

I understand not noticing sellotape, but surely you noticed it was weighing a lot less than you expected?

Not at the moment really. I understand its my mistake for signing it. But was wondering if there is a way to move from that and get a refund or sth?

john_k_ni

BooJewels said:

There are 2 contracts in place for this transaction. The supplier has an obligation to supply you with what you ordered, then Royal Mail has an obligation to the supplier to transport the item to you.  So your contract is with the supplier, then they have a separate contract with Royal Mail.  It is not up to you to sort it with Royal Mail - you don't have a contract with them.

I sell on-line and in the very, very rare event where I've had an issue, I make it good with my customer first and foremost, then take the matter up, if required, with the carrier, usually Royal Mail in my case.  The ins and outs of whether you should have spotted the problem with the parcel is a separate issue I'm not going to confuse the matter with.

Thanks for your reply. Basically the shop is telling me that I shouldn't have signed for it. And this is up to royal mail. Because royal mail will not accept special delivery parcels with sellotape on them.
Royal Mail is doing nothing. So am kinda stuck.

BooJewels

john_k_ni said:

Thanks for your reply. Basically the shop is telling me that I shouldn't have signed for it. And this is up to royal mail. Because royal mail will not accept special delivery parcels with sellotape on them.
Royal Mail is doing nothing. So am kinda stuck.

It doesn't change the fact that you bought something that you don't have and I certainly wouldn't do any future business with a company with so little regard for customer satisfaction and their legal obligations, who are basically telling you 'tough'.  In my terms I state that if there's an issue with any delivery, to retain damaged packaging etc and that I might ask to see it or for them to take photos of it for me.  The Consumer Contracts Regulations state that the goods are the sellers responsibility until 'the goods are received by you' - see that link a good way down for 'Delivery of Goods'.  So if something did happen en route, it is still their responsibility.

I've never heard of Royal Mail not accepting parcels with tape on them - that's preposterous - most parcels posted will have some sort of tape holding them closed.  Mine all do and I regularly use Special Delivery.  I don't expect RM to do anything for you, you are not their customer in this instance.  Your contract is with the seller and their responsibility is to you.  They should have bought an appropriate level on compensation with the parcel, so should have no difficulty getting themselves reimbursed.

ETA:  This is the actual bit of the legislation:  http://www.legislation.gov.uk/uksi/2013/3134/regulation/43/made