UPS My Choice fraudulent delivery - also waiver of rights?

WhizzKid

born_again said:

WhizzKid said:

km1500 said:

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

I've told the seller. They spoke to UPS. UPS said I waived all my rights by signing up to their service.
The company is not based in the UK (GoPro). So tricky.

The fact that I have unknowingly "waived my rights" with UPS is very worrisome and a carte blanche for dubious van drivers to do this sort of stuff. You can see the diver come to my drive. Hesitate and then drive right as far as he can go (to get a good GPs fix I assume) then pause and drive away. Clearly planned.

I would have a read through the t/c. As how can you waive your rights, just for using a app. 

There is only one mention in T/C on "MyCoice"

>>Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver. <<

https://www.ups.com/assets/resources/webcontent/en_GB/terms_carriage_eur.pdf

So just what options did you give UPS in the APP?

I selected the option for them to deliver items usually requiring signature to my address without one, knowing that I have CCTV.

I am glad you found no more than I did. Are these terms clear when you select this convenient option? 🤔

powerful_Rogue

Your rights are against the seller. You have no contract with UPS, so have no rights to waive.

born_again

WhizzKid said:

born_again said:

WhizzKid said:

km1500 said:

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

I've told the seller. They spoke to UPS. UPS said I waived all my rights by signing up to their service.
The company is not based in the UK (GoPro). So tricky.

The fact that I have unknowingly "waived my rights" with UPS is very worrisome and a carte blanche for dubious van drivers to do this sort of stuff. You can see the diver come to my drive. Hesitate and then drive right as far as he can go (to get a good GPs fix I assume) then pause and drive away. Clearly planned.

I would have a read through the t/c. As how can you waive your rights, just for using a app. 

There is only one mention in T/C on "MyCoice"

>>Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver. <<

https://www.ups.com/assets/resources/webcontent/en_GB/terms_carriage_eur.pdf

So just what options did you give UPS in the APP?

I selected the option for them to deliver items usually requiring signature to my address without one, knowing that I have CCTV.

I am glad you found no more than I did. Are these terms clear when you select this convenient option? 🤔

I have no idea. I just looked on UPS site.

TBH. I have never had a courier want a signature since 2020 when covid hit.

WhiskersTheWonderCat

I would get on Twitter and other social media, put the video up and tag UPS in it. I'm sure once a video of their driver stealing parcels hits the web, they will be quick to contact you. 

km1500

powerful_Rogue said:

Your rights are against the seller. You have no contract with UPS, so have no rights to waive.

exactly this. Forget UPS - it is the seller's responsibility to get the item to you.

photome

can you send the video to go pro

WhizzKid

photome said:

can you send the video to go pro

I already have. They have deferred to UPS’s referral to my waiver of rights. 

WhiskersTheWonderCat

So, Go Pro sent the item to you via a UPS service that requires a signature on receipt, and you contacted UPS (via the APP) stating that you didn't want it to be signed for? I can completely understand why that would waive your rights if your item is not received. 

As for the fact that it was clearly stolen by the UPS driver though, I am stunned that UPS isn't interested in the fact that you have proof that they stole your property. As for Go Pro, I can understand their position if they sent it by a method that would ensure it was delivered to you in person, and you altered that. 

SergeantBaker

WhiskersTheWonderCat said:

So, Go Pro sent the item to you via a UPS service that requires a signature on receipt, and you contacted UPS (via the APP) stating that you didn't want it to be signed for? I can completely understand why that would waive your rights if your item is not received. 

As for the fact that it was clearly stolen by the UPS driver though, I am stunned that UPS isn't interested in the fact that you have proof that they stole your property. As for Go Pro, I can understand their position if they sent it by a method that would ensure it was delivered to you in person, and you altered that. 

I can't, if a signature was required and the driver forged it would they take the same stance given the cctv?

NBLondon

powerful_Rogue said:

Your rights are against the seller. You have no contract with UPS, so have no rights to waive.

The bit in bold in born_again's quote says the shipper is waiving any rights - that's GoPro's rights not the receiver's.   I read that as "If the receiver changes the delivery options and it goes wrong then GoPro can't claim from UPS"  I'm assuming this also appears in the contract between the shipper (GoPro) and UPS.

How that would impact on the contract between seller and buyer I'm not so sure...  As Whiskers suggests - the OP has unilaterally changed the conditions of delivery.