Engagement ring delivered to incorrect address

unholyangel

the_lunatic_is_in_my_head said:

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

(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.

The goods haven't come into the possession of the OP's partner so they are still at the trader's risk. 

I would've beat you if my phone wasn't messing up my post 

simonefox

So I’ve spoke to an amazing lady at Ernest Jones via live chat and screenshotted the important points! 

The photo is of a closed front door and the signature is from the delivery man. So there is absolutely no proof the item was ever delivered! It just proves the delivery man went to the front door! She is sending this over to me 

photome

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

The person in (b) is the person who lives at the address the consumer gave , isnt it?

Aylesbury_Duck

photome said:

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

The person in (b) is the person who lives at the address the consumer gave , isnt it?

Not if the homeowner is Mr Smith and the package was addressed to Mr Jones.

mattyprice4004

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

Brilliant, I'll order a phone to a random address down the street, go and claim it then tell the retailer that legislation says they have to refund me. 
In real life it doesn't work like this, though - at the end of the day a mistake was made by the OP and they need to take responsibility for this. I believe they're relying on goodwill more than anything. 

Arnisdale

Aylesbury_Duck said:

photome said:

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

The person in (b) is the person who lives at the address the consumer gave , isnt it?

Not if the homeowner is Mr Smith and the package was addressed to Mr Jones.

My daughter has her parcels to delivered to my address in her name...she lives in a totally different county. Are you saying they shouldn't be delivered to me? Also Royal Mail deliver to addresses, not people.

Aylesbury_Duck

Arnisdale said:

Aylesbury_Duck said:

photome said:

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

The person in (b) is the person who lives at the address the consumer gave , isnt it?

Not if the homeowner is Mr Smith and the package was addressed to Mr Jones.

My daughter has her parcels to delivered to my address in her name...she lives in a totally different county. Are you saying they shouldn't be delivered to me? Also Royal Mail deliver to addresses, not people.

Slightly different circumstances.  My point was that as I understand it, the goods remain at the seller's risk until they arrive in the intended recipient's possession, as unholyangel stated: a person identified by the consumer to take possession of the goods.  In OP's case, the ring has gone to the "correct" address (correctly delivered, even though the address written was a mistake) but not to the correct person.  It was sent to Mr Smith at 123 Any Street but delivered to Mr Jones at 123 Any Street.  OP's partner doesn't even know Mr Jones, so certainly didn't identify Mr Jones as the person to take possession of the ring.

In your example with your daughter's parcels, the consumer (your daughter) has identified you as the person to take possession of the goods.  That's not what happened in OP's case.

the_lunatic_is_in_my_head

mattyprice4004 said:

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

Brilliant, I'll order a phone to a random address down the street, go and claim it then tell the retailer that legislation says they have to refund me. 
In real life it doesn't work like this, though - at the end of the day a mistake was made by the OP and they need to take responsibility for this. I believe they're relying on goodwill more than anything. 

That's not what the legislation says at all, in fact the opposite. 

soolin

Aylesbury_Duck said:

Arnisdale said:

Aylesbury_Duck said:

photome said:

unholyangel said:

29Passing 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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

The person in (b) is the person who lives at the address the consumer gave , isnt it?

Not if the homeowner is Mr Smith and the package was addressed to Mr Jones.

My daughter has her parcels to delivered to my address in her name...she lives in a totally different county. Are you saying they shouldn't be delivered to me? Also Royal Mail deliver to addresses, not people.

Slightly different circumstances.  My point was that as I understand it, the goods remain at the seller's risk until they arrive in the intended recipient's possession, as unholyangel stated: a person identified by the consumer to take possession of the goods.  In OP's case, the ring has gone to the "correct" address (correctly delivered, even though the address written was a mistake) but not to the correct person.  It was sent to Mr Smith at 123 Any Street but delivered to Mr Jones at 123 Any Street.  OP's partner doesn't even know Mr Jones, so certainly didn't identify Mr Jones as the person to take possession of the ring.

In your example with your daughter's parcels, the consumer (your daughter) has identified you as the person to take possession of the goods.  That's not what happened in OP's case.

I’m not entirely sure I follow your argument. I too receive parcels in my DILs name (she uses her maiden surname not married surname for many things) and she uses my address. So if a courier delivers something to me ‘Mrs A Smith’ but the parcel is addressed to Miss B Jones how do they know I am legitimately taking it on her behalf? how can they tell the difference between me  accepting parcels for her and her not just mistakenly using the wrong address?  The OP identified an address for delivery and courier and company are saying it was correctly delivered, this must hinge on whether the item was actually delivered and accepted or whether neighbour truly did refuse delivery. 

simonefox

So I have the photo of the front door. It is closed and is actually taken from outside next doors front door and there is a gate separating the two front doors. So he wasn’t even at the correct front door when he took the photo. I have messaged DX on Facebook and they have said the photo should be taken of the parcel on the doorstep with the door open to prove it was accepted, and that the item wasn’t left on the doorstep. There is no parcel in the photo. So the delivery  man has literally taken a photo of a closed front door from behind a gate (not the gate leading to the property) a gate that seperates the delivery house from their next door neighbour. I’m baffled.