Engagement ring delivered to incorrect address

simonefox

justworriedabit said:

simonefox said:

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. 

That is good news in a way, IE they will have to admit it's never been delivered.

I thought so too. Surely that cannot count as proof of delivery, if anything it is proof it was not delivered. Either way correct procedures have not been followed. In my eyes DX are to blame. The fact my partner put the incorrect house number is kind of insignificant now, as it appears the item has not actually been delivered anywhere

justworriedabit

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

simonefox

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

justworriedabit

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

williamgriffin

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

Pollycat

williamgriffin said:

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

I'm not even sure the delivery company should be in dialogue with the OP.
They are not the customer of DX. Ernest Jones is the customer of DX.
And the OP is not the customer of Ernest Jones. Her partner is.

simonefox

williamgriffin said:

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

Because they are at fault for not delivering the parcel, and it magically disappearing....

EJ can replace/refund the item then claim the loss from DX

@Pollycat@Pollycat both EJ and DX can discuss this issue with me as my partner has called both companies and gave permission for me to deal with this on his behalf  

williamgriffin

simonefox said:

williamgriffin said:

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

Because they are at fault for not delivering the parcel, and it magically disappearing....

EJ can replace/refund the item then claim the loss from DX

@Pollycat@Pollycat both EJ and DX can discuss this issue with me as my partner has called both companies and gave permission for me to deal with this on his behalf  

But your partner has no contract with DX, they owe him nothing and shouldn't be speaking to either of you. 

simonefox

williamgriffin said:

simonefox said:

williamgriffin said:

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

Because they are at fault for not delivering the parcel, and it magically disappearing....

EJ can replace/refund the item then claim the loss from DX

@Pollycat@Pollycat both EJ and DX can discuss this issue with me as my partner has called both companies and gave permission for me to deal with this on his behalf  

But your partner has no contract with DX, they owe him nothing and shouldn't be speaking to either of you. 

Of course they can ‘speak’ to us. They can give delivery updates, advise of delivery procedures ect. They cannot provide photos of the delivery due to data protection, but they can provide EJ with the photo and give permission for them to share with us, which they have now done after 17 days. 

The claim for a replacement will obviously have to be with EJ, but  DX are responsible for not delivering the item, and I am contacting anyone necessary to try and resolve this.  

Manxman_in_exile

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. 

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

Wasn't there an almost identical thread hanging on this point a couple of months ago?

Anyone remember the outcome?  If there was one.