Zara online purchase issue

inclino

Hi All,

I made a purchase from Zara online - it was one piece of clothing totalling around £30 and I paid with Visa credit card.. I chose for my item to be delivered to my local post office. I got a notification it was delivered on 29 Apr.

I went to the chosen Post Office branch on 2 May and spoke to 2 postal workers who confirmed it had not been delivered there. Even though I showed them an email from Zara confirming the address of the delivery, and Royal Mail app confirming the GPS location of the delivery they still claimed they had not received the item. Even though the Royal Mail app mentions the item has been delivered, the status of the delivery is "Pending" presumably because I have not picked up the item.

Ever since I have been going back and forth with Zara customer service via WhatsApp. On 2 May they said it was going to be investigated and I was to be kept informed. 2 days later I still heard nothing and so I contacted them again. I was told that I would be contacted by the end of the day - this never happened. And so on 6 May, I contacted them yet again asking for a refund as they have been useless. They claim they cannot issue a refund as the item was delievered.

On advice, I also contacted my credit card company and asked if I could apply for a chargeback - that was last week and I haven't heard back from them.

I have paid for the item which no one can locate and I'm out of pocket. I have no idea where I stand with this. Zara doesn't even seem to have a customer service email, where I could make a complaint, and all the correspondence can be done via their chat on the website, WhatsApp, FB or Twitter chat.

I'd appreciate some guidance.

Thanks.

Manxman_in_exile

I think it might depend on the reliability of the evidence showing it was or was not delivered to your nominated PO.

If you chose that PO for delivery, and Zara can show they delivered it there, then I don't think it's Zara's responsibility any more.  It's between you and the PO.

(I'm not sure of the practicalities of how that works.  Are staff at the local PO aware in advance that you are having stuff delivered there for you?)

inclino

Thanks for your reply.

The only delivery proof I have is the GPS-tagged location in the Roayl Mail app. To be honest, I do believe it was delievered and I think Post Office messed up somehow. PO actually asked me if I was sure I wasn't picking up an Amazon package because they are a designated pick up point for them - I asked them to check records for that too, in case it was wrongly labelled as delivered by Amazon - no luck.

I doubt they are informed in advanced of the delivery. I expect they act as any other pick up point - once delivered, an item is logged. That PO branch has a big old log book they were checking but there was no record of the delivery.

Zara's tracking system oha a 4-point system (bought - sent - ready to be collected at drop point - delievered to customer). Only 3 of those have been ticked off (I guess it's similiar with Roayl Mail's "Pending" status) so it's clear I have not picked up the item this should give them the idication that something is not right but they are not listening.

I have written a complaint to PO but also got no reply. It seems I'm fighting a losing battle here.

Manxman_in_exile

OK.

The law is that the seller remains responsible for the goods until they are delivered into either (a) your "physical possession", or (b) the physical possession of a "person" you have identified to take possession on your behalf.  

If the PO branch you nominated for delivery counts as a "person" in this context (and I'm not sure if they would or not) then if Zara can prove delivery to that branch then that's all they need to do and it's then between you and the PO.

If the PO branch doesn't count as a "person" then I'd say Zara is still liable, but there might be a valid argument on their behalf that so long as they have delivered to the PO you nominated then they have discharged their legal responsibility in this respect.

See what others think.