Retailer won't refund a parcel I have not received ...

Sheen84

I am hoping someone can help me, I ordered an item from Tessuti limited which is part of the JD Sports group. Hermes delivered the parcel on 11th June however they left it on my door step .. I live on a terrace street in a city centre. It was delivered on a Sunday whilst I was away when I returned that evening the parcel was no longer there. 

 

Firstly I contacted Hermes who admitted it wasn’t a safe place and should not of been left there and advised me to contact the retailer. 

 

I contacted Tessuti who asked me to fill out a form and send it back which I did. I have now received an email saying that they have investigated and the parcel has been delivered successfully and no further action will be taken. They advised to contact payment provider or seek 3rd party advice (solicitor?). I have rang customer services and they will not speak to me just repeat everytime I speak that ‘ We can not discuss any further with you and to contact payment provider’ 

I have raised a customer service complaint.

 

I have contacted laybuy who I purchased the item through and they have said this is a dispute between the retailer, courier and myself they have no information regarding delivery so unfortunately couldn’t help… this is what I expected.

 

I believe this is a dispute between the courier and the retailer but as it stand no one will help me and I am paying for an item I have not received. 

 

If you have any advice it would be greatly received.

 

Aylesbury_Duck

Get your card company involved.  The goods remain the responsibility of the retailer until they arrive in your possession.  That's not the same as "on your doorstep".  The problem is the retailer's to resolve, and if they won't, then speak to your card company about options.

pbartlett

does laybuy provide credit ? if so they most certainly are liable - they are equally liable with the retailer.

neilmcl

Aylesbury_Duck said:

Get your card company involved.  The goods remain the responsibility of the retailer until they arrive in your possession.  That's not the same as "on your doorstep".  The problem is the retailer's to resolve, and if they won't, then speak to your card company about options.

The OP hasn't used a credit card, they used Laybuy. BNPL providers such as Laybuy, Klarna, etc are not regulated under the Consumer Credit Act so a section 75 claim won't work. Also we don't know anything about the value of goods purchased.

Aylesbury_Duck

Ah, I missed the significance of that, having not come across laybuy before.

Jenni_D

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

29 Passing 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.

(3) Subsection (2) does not apply if the goods are delivered to a carrier who—

    (a) is commissioned by the consumer to deliver the goods, and

    (b) is not a carrier the trader named as an option for the consumer.

(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5) Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6) See section 2(5) and (6) for the application of this section where goods are sold at public auction.

Leaving the parcel on your doorstep does not satisfy either part of subsection 2. Advise this to the seller, and if they still don't refund then Letter Before Action followed by an MCOL claim.