Retailer refusing to refund lost order even though I didn’t specify a safe place & no signature

Littlejennar

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

I contacted Zara straight away, they opened up a case and today I found out that they have closed it under grounds it was ‘delivered’. 

I have checked the tracking and no signature was obtained, indicating that the parcel was just left by my front door. I didn’t give any instructions or specify a safe place upon placing my order. I live on a Main Street with cars pulling up right outside, that’s exactly why I don’t give any direction for couriers to leave parcels! 

Everything I have read is that the retailer is responsible for investigating this and following it up with the courier, and if something is left without my permission it is in breach of contract. 

Someone is due to ring me back tomorrow (after much demanding) but so far the whole process has been terrible.

Does anyone have any advice with this? Or any recommendations on key things I need to say so they actually investigate it! 

Currently I am out of pocket by £200 and have nothing to show for it. And the fact Zara are saying it’s not their problem seems crazy. 

the_lunatic_is_in_my_head

You'll have to remind them the contract is taken to include a clause that they as the trader will deliver the goods to you the consumer, that you aren't responsible for the actions of their agent whilst this is under taken and that the passing of risk only occurs once the goods come in to your physical possession:

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

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.

Asghar

Littlejennar said:

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

So did you place an order when there would be no one home to take the delivery, how did you expect them to deliver it?

user1977

Asghar said:

Littlejennar said:

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

So did you place an order when there would be no one home to take the delivery, how did you expect them to deliver it?

I would expect them to not deliver it if they didn't find anybody at home. Do you typically find retailers promise you an exact (and convenient) delivery time when you place your order?

Manxman_in_exile

Asghar said:

Littlejennar said:

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

So did you place an order when there would be no one home to take the delivery, how did you expect them to deliver it?

Doesn't matter.  The legal position is as outlined by the_lunatic_is_in_my_head in the post before yours.

s29(2)(a) Consumer Rights Act 2015 - goods remain at the seller's risk until delivered into the physical possession of the consumer, or a person specifically identified by the consumer, unless sub-section (3) applies.

Consumer Rights Act 2015 (legislation.gov.uk)

Littlejennar - quote the above to Zara.  They are liable until the goods are physically delivered to you, not left outside your door or anywhere else.  Any problem with the courier is Zara's and not yours.

MalMonroe

And who was the courier? Normally if no-one is at home they leave a card. The card will say they've left it with a neighbour or they've put it in what they feel is a safe place or if they don't know what to do, they take it back and you can contact their depot to rearrange delivery.  

So the fact that there was no card posted through your letterbox to alert you to the fact that the parcel was delivered is a big red flag to me. It doesn't matter how many emails or other notifications they may send, there's no evidence that a parcel was delivered to you.

I agree with others above who advise quoting the relevant section of the Consumer Rights Act 2015 to the company. I also feel they need to refund you without any further delay and also add a little extra for all the confusion and the nonsense they've been talking.  

Korkyb

Asghar said:

Littlejennar said:

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

So did you place an order when there would be no one home to take the delivery, how did you expect them to deliver it?

This is why when I make an online order I always take at least 3 weeks annual leave during the potential delivery period and never leave my house during those 3 weeks. 



I did wonder if Asghar perhaps posted his comment with his tongue in his cheek ???

RandomUserID

MalMonroe said:

And who was the courier? Normally if no-one is at home they leave a card. The card will say they've left it with a neighbour or they've put it in what they feel is a safe place or if they don't know what to do, they take it back and you can contact their depot to rearrange delivery.  

So the fact that there was no card posted through your letterbox to alert you to the fact that the parcel was delivered is a big red flag to me. It doesn't matter how many emails or other notifications they may send, there's no evidence that a parcel was delivered to you.

I agree with others above who advise quoting the relevant section of the Consumer Rights Act 2015 to the company. I also feel they need to refund you without any further delay and also add a little extra for all the confusion and the nonsense they've been talking.  

No, there is no "normally" here.

I've had Yodel leave a large box of dog food leant up against my door, on a main road when I was not in (ironically I was at the vet with said dog.)

FedEx have routinely played knock-a-door-run with packages.  They knock (usually don't bother with the doorbell) and just wander off, not even checking that I'd opened the door.

Royal Mail, on the other hand, continually knock on my door to take packages, but when I'm out, leave them at the local Post Office instead of troubling my neighbours...

I do actually agree with you for once though that it is not the OP's responsibility unless they opted to have their items dumped at their doorstep (which isn't an option I've seen offered thus far.)

TELLIT01

Forget the 'no signature' aspect, as the requirement for signing for receipt stopped at the start of the pandemic.  It's the simple non-delivery you need to concentrate on as detailed in previous answers.

Littlejennar

Asghar said:

Littlejennar said:

I ordered a parcel from Zara last week and received an email to say it had been delivered. However upon getting home the parcel was nowhere to be seen. Neighbours hadn’t taken it. I didn’t have a ‘sorry you’re not in’ note through the door. 

So did you place an order when there would be no one home to take the delivery, how did you expect them to deliver it?

Knew there would be one. Do you always schedule ALL your parcels for when you’re home - such as just the weekend? If you do, please tell me your secret?

Littlejennar

the_lunatic_is_in_my_head said:

You'll have to remind them the contract is taken to include a clause that they as the trader will deliver the goods to you the consumer, that you aren't responsible for the actions of their agent whilst this is under taken and that the passing of risk only occurs once the goods come in to your physical possession:

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

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.

Thank you so much for this - it’s much appreciated. I will get back to them (they haven’t called) and will quote the above. 

I’m really surprised such a big brand would just ignore all responsibility with this. I will keep pushing.

thank you again.