Shed refund

bradrock

Hi all.

Bought a shed from onbuy. £330 bought through PayPal.

Item was apparently delivered on Wednesday last week nobody was in at all.
The driver left it in full open view on the floor in the front garden scribbled my first name on the proof of delivery and left.
This was 9.27am I get home from work 4pm no package clearly been stolen.

After a few to and fro from onbuy I have asked for a full refund as there is no proof of delivery as I wasn't even in.
They are now saying they will send me photos of the item on my front lawn which is surely unacceptable.
What's my rights ? 
Am I entitled to a refund I think so and have insisted but not getting anywhere.

Thanks 

Manxman_in_exile

According to s29(2)(a) of the Consumer Rights Act 2015 (legislation.gov.uk) the seller is responsible for the goods until they have been delivered safely into your "physical possession".  So they either need to refund you fully or send a replacement.  If a replacement you could suggest to them that they use a courier who they can trust to deliver to you properly.  If it's not delivered into your physical possession it's onbuy's problem to sort out with the retailer.  Not your problem.

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

Obviously just dumping something in the front garden doesn't satisfy onbuy's obligations to you under the legislation.  For £300+ if they don't cough up, Letter Before Claim and sue.

bradrock

That's great info thanks u 

Aylesbury_Duck

Agreed, it's their problem.  They need to refund you or send a replacement.

bradrock

Thanks for your replies. I mean the driver obviously couldn't be bothered to arrange a time to return or even contact me so basically forged my name on the document so I did think I was in the right but thought I'd make sure

Gavin83

bradrock said:

Hi all.

Bought a shed from onbuy. £330 bought through PayPal.

Item was apparently delivered on Wednesday last week nobody was in at all.
The driver left it in full open view on the floor in the front garden scribbled my first name on the proof of delivery and left.
This was 9.27am I get home from work 4pm no package clearly been stolen.

After a few to and fro from onbuy I have asked for a full refund as there is no proof of delivery as I wasn't even in.
They are now saying they will send me photos of the item on my front lawn which is surely unacceptable.
What's my rights ? 
Am I entitled to a refund I think so and have insisted but not getting anywhere.

Thanks 

Did you specify any delivery instructions for if you weren’t in?

bradrock

No nothing. I did get an email the day before saying it would be delivered but only saw that on the day of delivery as I was doing a double shift at work.

born_again

bradrock said:

Hi all.

Bought a shed from onbuy. £330 bought through PayPal.

Item was apparently delivered on Wednesday last week nobody was in at all.
The driver left it in full open view on the floor in the front garden scribbled my first name on the proof of delivery and left.
This was 9.27am I get home from work 4pm no package clearly been stolen.

After a few to and fro from onbuy I have asked for a full refund as there is no proof of delivery as I wasn't even in.
They are now saying they will send me photos of the item on my front lawn which is surely unacceptable.
What's my rights ? 
Am I entitled to a refund I think so and have insisted but not getting anywhere.

Thanks 

Surly you need to go via seller & not onbuy which is just like ebay a online marketplace.

Sadly proof of delivery is the picture of it on your lawn.

Undervalued

bradrock said:

No nothing. I did get an email the day before saying it would be delivered but only saw that on the day of delivery as I was doing a double shift at work.

So you were told it was coming but didn't check your emails. 

Had you seen the email, what would you have done differently?

macman

Have you reported the theft and got a crime number?

the_lunatic_is_in_my_head

Undervalued said:

bradrock said:

No nothing. I did get an email the day before saying it would be delivered but only saw that on the day of delivery as I was doing a double shift at work.

So you were told it was coming but didn't check your emails. 

Had you seen the email, what would you have done differently?

The answer to that doesn’t affect OP’s consumer rights (might have saved them some headache), risk passes upon physical possession as manxman said, dumped in the garden is very unlikely to achieve this so letter before action to the actual seller. Depending upon Onbuys wording of their terms OP may have a claim against them also if they offer some kind of guarantee for non-deliveries.