Delivery address updated successfully - parcel still delivered to initial address

VoxPhantom

Hi all,
My mum made an order for a couple of items via Wayfair's website last week, but unfortunately set them to be delivered to an old address. She spotted the error immediately after ordering and corrected the address, receiving confirmation emails of the update to the order for both items. Three days after the order, she the received shipping confirmation emails for both items, each with the correct address on.
She received one of the items on the expected date earlier this week, but following non-delivery of the other item, she found via the tracking number that it had been delivered to the address that was initially entered. 
She has contacted Wayfair about the matter and they have apologised, but told her to contact the incorrect address to get the parcel passed on. They haven't acknowledged her request to send a replacement item to the correct address. Should they be willing to accept fault here and offer a replacement item?

TherealMandM

I think she is lucky to have got the first one delivered, normally they (most if not all retailers) will not allow any changes from the original order.
It would have been better to cancel and reorder after the address had been updated.
It is not wayfairs fault she had the incorrect address down, Imagine how much fraud would take place if you could reroute a package after the initial order.

the_lunatic_is_in_my_head

matmidgley said:

I think she is lucky to have got the first one delivered, normally they (most if not all retailers) will not allow any changes from the original order.
It would have been better to cancel and reorder after the address had been updated.
It is not wayfairs fault she had the incorrect address down, Imagine how much fraud would take place if you could reroute a package after the initial order.

Typically that's correct but if they allow the address to be amended and then sent confirmation of the change the retailer should have sent the new address. 

OP is it feasible to visit the address the other two have gone to as it might be the easiest way to get this sorted.

Manxman_in_exile

Perhaps I'm mistaken, but I thought it had been established in a different thread from a couple of months or so ago that the supplier's responsibility was to deliver the goods to the correct recipient - even if the recipient had given the wrong delivery address?

(I might have misunderstood as I, like most other posters, was completely surprised by that conclusion but, if I recall correctly, that was unholy_angel's view)

(EDIT:  In fact both the_lunatic_is_in_my_head and unholy_angel came to the same conclusion, if I've understood correctly:

"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."

https://forums.moneysavingexpert.com/discussion/6242631/engagement-ring-delivered-to-incorrect-address/p3

This was a case where the purchaser gave the wrong address (wrong house number).

Manxman_in_exile

The above was what the_lunatic said.  This from unholy_angel quoting the same legislation:

"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"

TherealMandM

https://www.wayfair.co.uk/customerservice/making_changes_order.php

It does say in the terms and conditions that they will change if not shipped. So i take it back, they are liable.

the_lunatic_is_in_my_head

Manxman_in_exile said:

The above was what the_lunatic said.  This from unholy_angel quoting the same legislation:

"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"

I think in the other thread the OP had been to the address and wasn't able to locate the parcel.

As with all things if an agreement can't be made you'd be looking at small claims where you generally need to mitigate your loses, if it's feasible to visit the other address the claim is likely to be the lesser cost of travel rather than the items. Depends on what was ordered, what transport is available and the value of the items really. 

ThumbRemote

VoxPhantom said:

 Should they be willing to accept fault here and offer a replacement item?

Short answer: Yes
She changed the address, they acknowledged the change. Anything beyond that is Wayfairs mistake and their responsibility to put right. 

How did she pay?