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

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  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you assuming it was left or this the message on the tracking?




  • born_again
    born_again Posts: 20,315 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Something for people to mull over.

    Special instructions for delivery..

    If like the OP. Then put "Do Not Leave On Doorstep"
    Life in the slow lane
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    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. 
    The piece of the puzzle we are missing is what the courier has stated... you say its been delivered and you assume it was left because of the lack of a signature but the courier may be saying they handed it to you/someone in your address and therefore from Zara's perspective its one person's word against another (subject to if there are photos or such as some couriers are doing instead of signatures)
  • Asghar 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?
    As far as is humanly possible, yes.

    My secret is requesting delivery for whenever I'm actually going to be at home.  But it's my little secret so don't go telling everyone.
  • phillw
    phillw Posts: 5,664 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Something for people to mull over.

    Special instructions for delivery..

    If like the OP. Then put "Do Not Leave On Doorstep"
    Hold your thumb in the right place "Leave On Doorstep"
  • phillw
    phillw Posts: 5,664 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 October 2021 at 1:29AM
    Sandtree said:
    The piece of the puzzle we are missing is what the courier has stated... you say its been delivered and you assume it was left because of the lack of a signature but the courier may be saying they handed it to you/someone in your address and therefore from Zara's perspective its one person's word against another (subject to if there are photos or such as some couriers are doing instead of signatures)
    Most of the couriers have wanted to take pictures of the goods once they were inside my property, so if they can't produce that then it doesn't really matter what they say.

    I had amazon leave a parcel out three days early (I'd made sure I would have been in on the day they said it would be delivered) and it was thoroughly soaked by the time I saw it.


  • wesleyad
    wesleyad Posts: 754 Forumite
    Part of the Furniture 500 Posts
    edited 29 October 2021 at 1:13PM

    As far as is humanly possible, yes.

    My secret is requesting delivery for whenever I'm actually going to be at home.  But it's my little secret so don't go telling everyone.
    Sadly those of us who work don't have the luxury. Most of the time there's no option anyway... None of the clothes stores my wife buy from offer timed delivery (or even day).

    It's moot anyway, if the company want to take the risk of leaving it, then its on them not the consumer.
  • Bradden
    Bradden Posts: 1,202 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    wesleyad said:

    Sadly those of us who work don't have the luxury. Most of the time there's no option anyway... None of the clothes stores my wife buy from offer timed delivery (or even day).

    That's why i get my parcels delivered to my work.
  • Ergates
    Ergates Posts: 3,028 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bradden said:
    wesleyad said:

    Sadly those of us who work don't have the luxury. Most of the time there's no option anyway... None of the clothes stores my wife buy from offer timed delivery (or even day).

    That's why i get my parcels delivered to my work.
    Which isn't an option at many places of work.
  • TELLIT01
    TELLIT01 Posts: 17,962 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    My niece checked online for one of her deliveries.  Stated 'delivered' but she and her husband had been in all day.  Further investigation - photo from courier company - showed a different house in a different street.  Fortunately the people who discovered an unexpected delivery brought it round to them.  How does a courier get it that wrong?  Street names weren't even similar.
    Our deliveries are left in our porch and, as far as I can tell, they all take photos of delivery.
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