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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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Littlejennar said:DB1904 said:Littlejennar 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/enactedPassing 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.
Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.
Y It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated.As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t0 -
DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar 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/enactedPassing 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.
Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.
Y It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated.As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t0 -
Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar 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/enactedPassing 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.
Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.
Y It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated.As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t0 -
DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar 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/enactedPassing 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.
Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.
Y It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated.As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t0 -
Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar said:DB1904 said:Littlejennar 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/enactedPassing 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.
Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.
Y It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated.As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t0 -
Because it’s irrelevant if they believe me. They are in breach of their contract.Well, they are in breach if they didn't deliver it. But they believe that they have done so.
I suspect that when you first complained they challenged their courier who produced a time-stamped image of an open door and an occupant holding the package. They assumed that was your house which in many cases would be a reasonable assumption.
Ask Zara for evidence of delivery. If they have a photo they might show it to you. If they are still unco-operative then it's LBA and small claims. The judge decides on balance of probabilities and if Zara have no evidence I believe he will decide in your favour.
PS - couriers are pushed for time and can be very creative. Did you leave a window slightly open, even upstairs?0 -
Littlejennar said:As explained several times, the tracking says it was delivered but without any photo of it on my doorstep and without a signature. I wasn’t in at the time so if it really was delivered, it would have been left on my doorstep without my permission or instruction.As someone has explained, far more helpfully then you, it is the retailers responsibility to ensure the item is delivered to me. Not my doorstep. Unless I’ve specified so. Which i didn’t
Well as you provided them with NO instructions. They will go by their standard process.
TBH. If I lived on a main road. I would be making sure that they were instructed to make sure nothing was left on the doorstep.
Delivery drivers do not get paid enough to think where they are leaving parcels.Life in the slow lane1 -
Alderbank said:Because it’s irrelevant if they believe me. They are in breach of their contract.Well, they are in breach if they didn't deliver it. But they believe that they have done so.
I suspect that when you first complained they challenged their courier who produced a time-stamped image of an open door and an occupant holding the package. They assumed that was your house which in many cases would be a reasonable assumption.
Ask Zara for evidence of delivery. If they have a photo they might show it to you. If they are still unco-operative then it's LBA and small claims. The judge decides on balance of probabilities and if Zara have no evidence I believe he will decide in your favour.
PS - couriers are pushed for time and can be very creative. Did you leave a window slightly open, even upstairs?
I have checked the tracking number on Royal Mail and there is no photo or signature there, only saying it’s been delivered.
Even if they provide a photo of it on my doorstep, I never at any point gave them permission to leave it there, nor instructed them to a safe place. I live on a main road where cars pull up just outside, so if it’s been left there (which I’m assuming it has) it could well have been taken quite easily!It is incredibly frustrating that they are just washing their hands of it, despite not having evidence. I am also considering reversing the payment through my bank.0 -
Littlejennar said:It is incredibly frustrating that they are just washing their hands of it, despite not having evidence. I am also considering reversing the payment through my bank.
All Zara need to to is provide proof of delivery, which they have from the tracking (which you have checked) and it will be rejected.Life in the slow lane0 -
Littlejennar said:Alderbank said:Because it’s irrelevant if they believe me. They are in breach of their contract.Well, they are in breach if they didn't deliver it. But they believe that they have done so.
I suspect that when you first complained they challenged their courier who produced a time-stamped image of an open door and an occupant holding the package. They assumed that was your house which in many cases would be a reasonable assumption.
Ask Zara for evidence of delivery. If they have a photo they might show it to you. If they are still unco-operative then it's LBA and small claims. The judge decides on balance of probabilities and if Zara have no evidence I believe he will decide in your favour.
PS - couriers are pushed for time and can be very creative. Did you leave a window slightly open, even upstairs?
I have checked the tracking number on Royal Mail and there is no photo or signature there, only saying it’s been delivered.
Even if they provide a photo of it on my doorstep, I never at any point gave them permission to leave it there, nor instructed them to a safe place. I live on a main road where cars pull up just outside, so if it’s been left there (which I’m assuming it has) it could well have been taken quite easily!It is incredibly frustrating that they are just washing their hands of it, despite not having evidence. I am also considering reversing the payment through my bank.0
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