UPS My Choice fraudulent delivery - also waiver of rights?

WhizzKid

I think there are 2 issues here of course.
1. People like me who opt for the convenience of allowing non-signature deliveries probably do not realise at all that they are waiving all their rights to a claim. T&C's are not presented to make that clear at all.
2. Is it not the case under the Consumer Rights Act 2015, the seller is responsible for making sure my order is delivered to me at my address?

sheramber

is a business/ business  purchase  covered by the Consumer Rights Act 2015?

WhizzKid

sheramber said:

is a business/ business  purchase  covered by the Consumer Rights Act 2015?

A good point of course. The purchase makes no reference to that fact save for the company card used.

user1977

sheramber said:

is a business/ business  purchase  covered by the Consumer Rights Act 2015?

No. Well, not the provisions about the business having to deliver to the consumer. So the OP would have to rely on whatever the actual contract said. Which appears to include "Risk of loss and title for purchases pass to you upon our delivery to the carrier" (from https://gopro.com/en/gb/legal/terms#sale ).

visidigi

WhizzKid said:

2. Is it not the case under the Consumer Rights Act 2015, the seller is responsible for making sure my order is delivered to me at my address?

Unless you decide to provide a change of contract to the carraige and in doing so assume the risk.

This is all standard for this option, Evri FedEx, DHL all do the same.

I don't see why you had to sign up to MyChoice for tracking though - you only need MyChoice to set address/recipient linked delivery options.

the_lunatic_is_in_my_head

visidigi said:

WhizzKid said:

2. Is it not the case under the Consumer Rights Act 2015, the seller is responsible for making sure my order is delivered to me at my address?

Unless you decide to provide a change of contract to the carraige and in doing so assume the risk.

There are two things incorrect with this, first passing of risk under CRA but most notably the OP has CCTV showing the parcel wasn't delivered. 

I understand there can be a bit of a debate here about passing of risk when the consumer nominates a safe place, the parcel is delivered and then goes missing but it can't be a serious suggestion that by amending the delivery option with the courier and them failing to deliver at all, with CCTV proof of this, that this would be the consumer's problem (were the sale to be covered by the CRA)? 

GoPro is governed by US law (as we are outside the EU), @WhizzKid I would have a look on Google/saynoto0870 to see if you can find a landline number for your local UPS depot and ask to speak to the operations manager, advise the parcel shows as delivered, CCTV shows this didn't occur and can they speak to the driver to find out where the parcel is. I'd keep it polite but also offer them the crime reference number in as non-accusatory manner as possible   

sheramber

Although the supplier cannot claim from UPS  9 stated in the Terms and Conditions) that does not mean the OP cannot claim from the supplier .

if the supplier uses a courier who allows the recipient to use a system that negates their right to claim from the courier than, that is their problem, not the buyers.

visidigi

the_lunatic_is_in_my_head said:

visidigi said:

WhizzKid said:

2. Is it not the case under the Consumer Rights Act 2015, the seller is responsible for making sure my order is delivered to me at my address?

Unless you decide to provide a change of contract to the carraige and in doing so assume the risk.

There are two things incorrect with this, first passing of risk under CRA but most notably the OP has CCTV showing the parcel wasn't delivered. 

I understand there can be a bit of a debate here about passing of risk when the consumer nominates a safe place, the parcel is delivered and then goes missing but it can't be a serious suggestion that by amending the delivery option with the courier and them failing to deliver at all, with CCTV proof of this, that this would be the consumer's problem (were the sale to be covered by the CRA)? 

GoPro is governed by US law (as we are outside the EU), @WhizzKid I would have a look on Google/saynoto0870 to see if you can find a landline number for your local UPS depot and ask to speak to the operations manager, advise the parcel shows as delivered, CCTV shows this didn't occur and can they speak to the driver to find out where the parcel is. I'd keep it polite but also offer them the crime reference number in as non-accusatory manner as possible   

Absolutely the courier can't absolve themselves if they didn't do what was asked - it of course depends on what the ask is. A safe place under CCTV is fine. But a Safe place which is in the unlocked porch and someone decides to pinch it from there isn't on the courier or the shipper to bail out as the risk was transferred when the request was made and completed as per request.

Rural areas have a huge problem (Wales especially) with the deliveries being left in safe places and 'porch piracy' occurring, a US led experience has crossed over with the likes of Amazon Logistics and the Ultra/Low cost Couriers - who can't afford to come back multiple times...

MarvinDay

WhizzKid said:

sheramber said:

is a business/ business  purchase  covered by the Consumer Rights Act 2015?

A good point of course. The purchase makes no reference to that fact save for the company card used.

As you clearly stated in your opening post that the GoPro was purchased for your business, if you were to now try to claim that it was a consumer related purchase, you would be committing fraud.

WhizzKid

Not wishing to commit fraud, just wanting the item I ordered! GoPro have now contacted me and told me that this is not an isolated incident and they will progress it with UPS as the footage is incontrovertible. Fingers crossed!