Parcel from eBay gone missing after incorrect delivery

spydersweb1

Hello everyone, and Happy New Year.
I'm a little perplexed about the predicament I find myself in and don't really know what my rights are being in this situation.
I purchased a box of Lego on an ebay auction on the 23rd of December 2020.  I payed the seller immediately and as postage I requested it be shipped using the click and collect service to my local supermarket, knowing what certain delivery companies can be like.

On the 28th December I contacted the seller and asked if the goods had been shipped as the status still hadn't been marked as dispatched.  They immediately responded with a photo of the parcel having been delivered to the store's warehouse and not to the garage where all click and collect parcels should be delivered.  Later on the 28th the tracking marked the parcel as back out for delivery.

On the 31st the tracking updated to show the parcel should be delivered on this day between 14:00 and 17:00 and between 10:00 and 13:00.  Needless to say something a little screwy was going on.   I watched the tracking all day and at 6pm the tracking updated again to say the parcel had been delivered at 10:53 and again to the store's warehouse.  I called the store immediately and spoke to the staff in the garage and explained the situration, to which he went to the warehouse to check for the parcel.  He and a collegue couldn't find the parcel.  

On New Years Day I went to the store and spoke to customer services who again went to the warehouse to check for the parcel and again couldn't find it.  I was asked to contact the store manager on the 2nd.   I spoke to the store manager twice on the saturday and he said he would check the CCTV footage of the warehouse to see when it was delivered and who might have moved it.  When I spoke to him again at 3pm he said that there was nothing recorded at the time the package was supposed to be delivered and the parcel isn't there.  He told me he would check the rest of the day, and I am still waiting for an update.

As the parcel had not been delivered according to ebay I raised a complaint and requested a refund, and as expected the seller is being less than helpful.  They have suggested they are going to talk to Hermes but I doubt they have.  I have asked for documentary proof that they used the collect+ service and that is yet to be forth coming.

I have also raised a support case with Hermes and am waiting for them to contact me back.

What I don't know is what my rights are in this situation?  I don't know if the seller shipped the parcel correctly for click and collect, and as the Hermes driver has dropped it in the warehouse and taken a photo as proof of delivery, but not used the ECP number?
Any help please, is greatly appreciated, thank you.

Aylesbury_Duck

The goods remain the responsibility of the seller until they reach the recipient (you).  It's for the seller to sort and if they can't or won't, you are entitled to a refund.

Hermes don't have to deal with you because you don't have a contract with them.  Get the seller onto it.

the_lunatic_is_in_my_head

Business seller or private seller OP? 

eBay will find the case in the sellers favour if the tracking shows the parcel was delivered to the correct area. 

spydersweb1

Aylesbury_Duck said:

The goods remain the responsibility of the seller until they reach the recipient (you).  It's for the seller to sort and if they can't or won't, you are entitled to a refund.

Hermes don't have to deal with you because you don't have a contract with them.  Get the seller onto it.

This was indeed my thinking, and so am I right in saying, even though Hermes have marked the parcel as delivered but haven't delivered it correctly, it is the sellers responsibility and I'm within my rights to request a refund?  I'm just expecting eBay to get involved on Monday and come down on the sellers side?

the_lunatic_is_in_my_head

Aylesbury_Duck said:

The goods remain the responsibility of the seller until they reach the recipient (you).  It's for the seller to sort and if they can't or won't, you are entitled to a refund.

Hermes don't have to deal with you because you don't have a contract with them.  Get the seller onto it.

It's worth noting that 

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

(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.

Assuming the seller was a business, as the OP has opted for a Click and Drop address I would suggest the goods remain at a trader's risk until they come in to possession of the store. 

DiddyDavies

the_lunatic_is_in_my_head said:
Assuming the seller was a business, as the OP has opted for a Click and Drop address I would suggest the goods remain at a trader's risk until they come in to possession of the store. 

I think that's open to debate.
As the legislation specifically refers to a person and not a location, it could be argued that the OP hadn't identified a person to take possession of the goods, simply a place where they could be collected from.

the_lunatic_is_in_my_head

I do agree that point is open to debate.

spydersweb1

Hi everyone
Firstly thank you all for your input on this matter. Interestingly things took a turn in my favour.  The seller admitted that they actually didn't pay for, or send, the parcel as a click and collect package, but instead sent to me at the store.  This would explain why the parcel was left only in the warehouse and not taken to the garage as would normally occur. 

On the plus side the store called me today to notify me that the parcel had been found and was awaiting collection. So I collected it today.

Also the seller did refund the postage charge as a gesture of good will. So a good outcome in the end.