Cruise Fashion Won’t replace lost item

manley

My wife brought me 2 items from http://cruisefashion.com/ costing over £300. When delivered by DPD the box was open and 1 of the items was missing, having contacted Cruise they said they would look into this. (the box wasn’t ripped open just the sticky seal not stuck down correctly)DPD called my wife a day later to say the parcel was picked up by them open and went through their whole process open. There is photographic evidence of the parcel on my doorstep which is open. DPD advised that they had told Cruise this and they would be in touch with further details. 

Having had numerous emails back and forth Cruise have said as they have cctv showing that they picked and packed the two items the case is closed and there is nothing further they can do. She spoke to customer services again who said they would reopen the case and look into it further. 

My wife spoke to DPD who advised that as the parcel was collected by them open that they would accept partial responsibility. She has since received another email from Cruise saying that there is nothing further that they can do and are unable to offer further assistance.
what are our rights here as we have paid for an item we haven’t received and the company are trying to wash their hands of it

cx6

Your claim is against Cruise not DPD (you weren't DPD's customer)

How did you pay? If by card you may have options.

They seem to be a UK company so you also have the option of the small claims court.

manley

She paid with Visa debit card. DPD have been helping her to try and resolve but seems like Cruise have just washed their hands of it. The claim would be agains Cruise not DPD

cx6

Others may have different advice but it seems to me you have a chance of a chargeback for £150 by contacting your bank and telling them only 50% of the order was received.

If this doesn't work then small claims court (moneyclaimonline) is easy.

Manxman_in_exile

manley said:

...DPD called my wife a day later to say the parcel was picked up by them open and went through their whole process open. There is photographic evidence of the parcel on my doorstep which is open. DPD advised that they had told Cruise this and they would be in touch with further details...

If DPD have told this to the retailer, you need to quote to the retailer s29 of the Consumer Rights Act 2015:

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...

Consumer Rights Act 2015 (legislation.gov.uk)

So if DPD can confirm that the package was not correctly sealed or secure upon collection - so that the item could just have fallen out during transit or been opportunistically stolen before being delivered to you - it's the retailer's responsibilty to sort it out.  Not yours and not DPD's (as far as you are concerned).

Although it does raise the question - why would DPD accept for collection a parcel that was not secure?  Or maybe they do that all the time...

user1977

Blimey, how the mighty have fallen - I was reading this wondering who is now running Cruise (which I remember as an independently-owned haven for Glaswegian fashion victims in the 80s and 90s), and turns out it's now owned by Sports Direct! If your Armani gear ever turns up I wonder if you get a free giant mug with it...

manley

I wasn't aware they were owned by Sports Direct until this,
My wife emailed them yesterday quoting the Consumer Rights Act and they have emailed back this morning to advise they need to check their CCTV - a complete copy and paste of their previous email!

born_again

cx6 said:

Others may have different advice but it seems to me you have a chance of a chargeback for £150 by contacting your bank and telling them only 50% of the order was received.

If this doesn't work then small claims court (moneyclaimonline) is easy.

I can see chargeback failing.
Cruise have proof of 2 items being packed. They have proof of delivery (it's that old chestnut again) In reality anything DPD say makes no difference.

theonlywayisup

born_again said:

cx6 said:

Others may have different advice but it seems to me you have a chance of a chargeback for £150 by contacting your bank and telling them only 50% of the order was received.

If this doesn't work then small claims court (moneyclaimonline) is easy.

I can see chargeback failing.
Cruise have proof of 2 items being packed. 

They say they do.  But '2 items being packed' is not the same as two items being delivered. 

manley said:

There is photographic evidence of the parcel on my doorstep which is open. DPD advised that they had told Cruise this and they would be in touch with further details. 

An assumption on my part - but I take the photographic evidence part to be the photo that is taken upon delivery by the courier.  If this is the case and it was delivered 'open' then the chargeback won't fail. 

born_again

theonlywayisup said:

They say they do.  But '2 items being packed' is not the same as two items being delivered. 

So that is 2 items in one package. Which is shown as delivered. That is all the company need to prove delivery on a chargeback. 
Same with the video proof. It makes no difference. 

manley

DPD told my wife on the phone they have proof the package was delivered to them open and the photo they took on my doorstep shows the package was open