Delivery left with neighbour I HATE!

the_lunatic_is_in_my_head

grandadgolfer said:

Ectophile said:

grandadgolfer said:

Hermes have done the job of delivering the parcel and no doubt in the small print of hermes website it say's "we will deliver to neighbour etc etc"
So unless the OP wants to lose money a polite knock on the door may be the only option,but surely the neighbour can't be that bad as he/she took the parcel in

But the OP didn't agree to any small print on Hermes' web site.  The seller did.

The OP will have agreed to it.....it'll be in the small print

It doesn't work like that The legislation dictates that the goods remain at the trader's risk until they come into physical possession of the consumer or someone specified by them, T&Cs can't override this.

Equally it is the trader's obligation to deliver the goods to the consumer, the fact the majority of those who sell goods at a distance use a third party, such as a courier, doesn't mean that the consumer is bound to any terms that third party has, the terms of the third party may very well apply to the trader but as above they can't pass those on to the consumer (unless the legislation permits).

km1500

the_lunatic_is_in_my_head said:

grandadgolfer said:

Ectophile said:

grandadgolfer said:

Hermes have done the job of delivering the parcel and no doubt in the small print of hermes website it say's "we will deliver to neighbour etc etc"
So unless the OP wants to lose money a polite knock on the door may be the only option,but surely the neighbour can't be that bad as he/she took the parcel in

But the OP didn't agree to any small print on Hermes' web site.  The seller did.

The OP will have agreed to it.....it'll be in the small print

It doesn't work like that The legislation dictates that the goods remain at the trader's risk until they come into physical possession of the consumer of someone specified by them, T&Cs can't override this.

Equally it is the trader's obligation to deliver the goods to the consumer, the fact the majority of those who sell goods at a distance use a third party, such as a courier, doesn't mean that the consumer is bound to any terms that third party has, the terms of the third party may very well apply to the trader but as above they can't pass those on to the consumer (unless the legislation permits).

exactly this - no small print involved

oldernonethewiser

Thinking the neighbour has accepted this delivery out of the goodness of their heart seems well wide of the mark, given the info the OP has provided. 

The OP has ordered goods which have not been delivered. 

The seller needs to be told this to resolve the situation. 

grandadgolfer

Granted this is for items delivered by Amazon but will probably be the same for third party......from amazon website

Delivery Information

If no one is at the address when delivery is attempted, the personnel of the delivery service partner will post the parcel through your letter box if possible, leave it in your preferred safe place or a secure location, or deliver to a neighbour. A signature will be required on delivery for all parcels valued at £100 or more.

the_lunatic_is_in_my_head

grandadgolfer said:

Granted this is for items delivered by Amazon but will probably be the same for third party......from amazon website

Delivery Information

If no one is at the address when delivery is attempted, the personnel of the delivery service partner will post the parcel through your letter box if possible, leave it in your preferred safe place or a secure location, or deliver to a neighbour. A signature will be required on delivery for all parcels valued at £100 or more.

Have a Google of Amazon’s history of their Price Parity policy, it will give an understanding of how these big companies work.

Do what is most profitable for them within the realms of what they can get away with but stop if anyone with a bit of clout starts asking questions.

It’s naive to assume that because a big company does something it’s alined with the law.  

grandadgolfer

All courier companies will leave a parcel with neighbour unless told no by customer (and even that is not always noted) this will be noted in t&c......how hard you push them depends on how tough you want to be,but 90% of customers will accept the fact it has been / will be delivered to a neighbour

macman

He's probably sitting fuming at home because you've not made the effort to collect a hulking great carton containing an exercise bike that is now cluttering up his hallway...
If you really can't stomach a conversation with him that would last all of 10 seconds, then just get a third party to collect it on your behalf. 

Manxman_in_exile

grandadgolfer said:

Granted this is for items delivered by Amazon but will probably be the same for third party......from amazon website

Delivery Information

If no one is at the address when delivery is attempted, the personnel of the delivery service partner will post the parcel through your letter box if possible, leave it in your preferred safe place or a secure location, or deliver to a neighbour. A signature will be required on delivery for all parcels valued at £100 or more.

Makes no difference to the general legal position.

grandadgolfer said:

All courier companies will leave a parcel with neighbour unless told no by customer (and even that is not always noted) this will be noted in t&c......how hard you push them depends on how tough you want to be,but 90% of customers will accept the fact it has been / will be delivered to a neighbour

Again, makes no difference to the general legal position.

s29 of the Consumer Rights Act 2015 (legislation.gov.uk) makes the seller responsible for the goods until they come into the physical possession of the consumer.  There's no mention of discharging that responsibility by leaving the goods with a neighbour or in a safe place.

And s31 of the same Act says that the seller's responsibilities can't be excluded or restricted by any contractual T&Cs.

So if a seller wants to use a courier who they know will leave goods with a neighbour or in a safe place when they shouldn't do, then the seller does so at their own risk.

=======================================================================

However... in this case the goods haven't actually been lost, gone astray, or been stolen - the consumer (the OP) already knows where they are but is reluctant to collect them.  Because of this, I'd be reluctant to complain to the seller in the first instance.  (I don't think it would be fair to the seller to complain about non-delivery without at least trying to recover the item from the neighbour first)

Personally, the first thing I'd do is go round to the neighbour and ask for the goods*.  Only if they deny having received them would I complain to the seller - and possibly also to the police.

*If the relationship with the neighbour is as bad as the OP says, then he obviously needs to ask very tactfully and be prepared to make a quick retreat.  (Seriously).  I'm not sure I'd want to involve an "innocent" third party in this dispute

diystarter7

macman said:

He's probably sitting fuming at home because you've not made the effort to collect a hulking great carton containing an exercise bike that is now cluttering up his hallway...
If you really can't stomach a conversation with him that would last all of 10 seconds, then just get a third party to collect it on your behalf. 

I'm pretty sure the neigobur would make a meal out of the "third party"

Manxman_in_exile

dil1976 said:

Ectophile said:

grandadgolfer said:

Hermes have done the job of delivering the parcel and no doubt in the small print of hermes website it say's "we will deliver to neighbour etc etc"
So unless the OP wants to lose money a polite knock on the door may be the only option,but surely the neighbour can't be that bad as he/she took the parcel in

But the OP didn't agree to any small print on Hermes' web site.  The seller did.

Ectophile said:

grandadgolfer said:

Hermes have done the job of delivering the parcel and no doubt in the small print of hermes website it say's "we will deliver to neighbour etc etc"
So unless the OP wants to lose money a polite knock on the door may be the only option,but surely the neighbour can't be that bad as he/she took the parcel in

But the OP didn't agree to any small print on Hermes' web site.  The seller did.

But then by purchasing from seller you are accepting their T&Cs which may well cover that?

No you aren't.  T&Cs cannot exclude or restrict a seller's liabilty under Consumer Rights Act 2015 (legislation.gov.uk)  -  see s31(1)(k)