After some advice about missing parcel please

cagsd

This is on behalf of my daughter who is away at university but has asked for my help, as she's stumped and doesn't know what to do.
She ordered some clothes from Shein website on 20th April, and the order stated the parcel would arrive between 30th April and 2nd May.
Last night she logged in to her Shein account just to check the progress of the order and was baffled to see that it said the parcel had been delivered on 26th April. 
She lives in a house share (with lovely friends, not remotely likely to steal her clothes before anyone asks) - nobody took the parcel in, and all of them have been home all day every day this week.

She checked the Royal Mail tracking number and it said the same thing, delivered at 1.39pm on the 26th.
Parcel definitely was NOT delivered to her house.
She's checked with a couple of neighbours either side but obviously can't go knocking on every single door in the street.

- Shein are saying that she needs to take the matter up with Royal Mail.

- Royal Mail are saying that it's the responsibility of the company who sent it as her contract is with them (Shein), not RM.

She just doesn't know what to do, as she'd forked out £130 for a new summer wardrobe and is now out of pocket with nothing to show for it.

What should her next step be?

Sandtree

The law states that until the goods are delivered to you then its the vendors responsibility so she needs to take it up with them... there is a certain blurred line if you explicitly told them that you were happy if they left them in a secure place/ with a neighbour etc.

So as RM says, she needs to speak to the company that she bought them from

the_lunatic_is_in_my_head

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.

  

Royal Mail is starting to show a map with the GPS location of the PDA at the point of delivery on the Track and Trace, can you see this for your tracking number OP?

pinkshoes

How did she pay? 

Edit: actually... Shein are not a UK company so UK law does not apply. No UK address or contact details on ther website. Just a Hong Kong address in their privacy policy.

cagsd

Thanks for the replies.  I get that Shein are not a UK company, but it's Royal Mail who have messed up here, not them, so surely UK law DOES apply to them.  My point was, my daughter's contract was with Shein and in turn Shein entered into a contract with RM.  So I would have thought that while Shein should be arguing the toss with RM, they should in the meantime reimburse my daughter for the lost goods?She's so upset about it, we'd given her money for her birthday to treat herself to some new clothes and now she's lost both the money and the clothes!

cagsd

the_lunatic_is_in_my_head said:

Royal Mail is starting to show a map with the GPS location of the PDA at the point of delivery on the Track and Trace, can you see this for your tracking number OP?

No, no map on the RM site.  Just says delivered, and the date and time.

Aylesbury_Duck

cagsd said:

Thanks for the replies.  I get that Shein are not a UK company, but it's Royal Mail who have messed up here, not them, so surely UK law DOES apply to them.  My point was, my daughter's contract was with Shein and in turn Shein entered into a contract with RM.  So I would have thought that while Shein should be arguing the toss with RM, they should in the meantime reimburse my daughter for the lost goods?She's so upset about it, we'd given her money for her birthday to treat herself to some new clothes and now she's lost both the money and the clothes!

That's right, your daughter has a contract with Shein, not Royal Mail.  If RM have messed up then that's a matter for Shein to deal with, your daughter has no consumer rights with RM.  Shein should refund her, but she doesn't have UK consumer rights legislation on her side.

The best thing for her to do is to speak to her card company to see if they can help.

user1977

cagsd said:

I get that Shein are not a UK company, but it's Royal Mail who have messed up here, not them, so surely UK law DOES apply to them.  My point was, my daughter's contract was with Shein and in turn Shein entered into a contract with RM.

Yes. Your daughter does not have a contract with RM. If the goods haven't turned up, her rights are against the retailer.

JJ_Egan

Would the supplier dispatch directly to RM ?? or sent via HK post and forwarded at some stage to RM .

sheramber

Terms and Conditions.

11.APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by the law of UK. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.

They do say they ship from warehouses in different countries.

However 

https://www.which.co.uk/tools/delivery-complaint/

It’s the retailer’s responsibility to make sure your item gets delivered safely. Don’t get fobbed off if you’ve got a problem with your delivery.

Answer a few simple questions, pop in your email address and we’ll send a tailored complaint letter to your inbox for you to send to the retailer and get your delivery problem sorted.