Retailer or Delivery Company and is there a claim for damages?

SuzjS

I was sent a chocolate gift ordered from M&S and described on their website as a 'Letterbox Gift' Their delivery company DHL made no attempt to deliver through my letterbox (recorded on Ring doorbell) instead they put/threw over a 6ft gate (deemed by them to be a 'safe place'). My dogs ate all 7 bars of chocolate and needed veterinary treatment which cost over £500.
Neither of these 'reputable' companies will accept responsibility for what I believe to be a negligent act or reimburse me for the costs/damages incurred. It's been like a game of ping-pong being referred from one to the other.   
I sent M&S a breach of contract letter (template provided by Citizens Advice) but they will only refund cost of the goods and tell me that DHL are a Third Party company and although they have liaised with DHL on my behalf they are unable to assist any further.
I understand that the contract is with M&S but the grey area is the goods were in theory delivered. The next stage would be legal via Small Claims Court but in the eyes of the law do I have a case?

NBLondon

You presumably have a case against M&S since the goods were not correctly delivered to a person - do you actually have video evidence of them coming over the gate?   Bu that's limited to the refund of monies paid.

Whether you have a case against DHL for the vet costs is more complex...  they could argue that it is your responsibility to manage your dogs.  Did you add anything to delivery instructions that there were dogs loose in the garden?  That might be why DHL driver decided not to attempt delivery properly.

SuzjS

It was a gift, I was not expecting the delivery so could not issue any specific delivery instructions.  Although had I known why would I expect a 'letterbox gift' to be delivered to anywhere other than the actual letterbox. You can not see over or through the gate it is situated down the drive at the side of the house.  The letterbox on the other hand is easily accessible at the front of the house. The Ring Doorbell recorded the delivery driver ringing the doorbell but he made no attempt to put the package through the letterbox (although it would easily have fitted) he then walked towards direction of side of the house and left my property without the package,   Surely I am permitted to allow my dogs to be in a fully secure back garden, there was no risk to the Driver or anyone else from the dogs.

The shipping label had 'M&S choc bar letterbox' written on it.

born_again

As it was a gift, you would need the purchaser to chase anything.
But just because it says letterbox, does not mean it will fit through all letterboxes.

SuzjS

I have LOA from the purchaser for me to pursue the matter on their behalf. 
The box is designed and of the correct size to be put through a letterbox.  I repaired the box to try and it fitted with ease

the_lunatic_is_in_my_head

I would say you have a claim for damages, you don't require a contract with someone to claim damages (M&S terms page is very long and go on about offers and such, I can't find the bit covering website orders to see if they've excluded third party rights), it's just a question of whether it's DHL or M&S, I'm not sure on that bit. 

SuzjS

the_lunatic_is_in_my_head said:

I would say you have a claim for damages, you don't require a contract with someone to claim damages (M&S terms page is very long and go on about offers and such, I can't find the bit covering website orders to see if they've excluded third party rights), it's just a question of whether it's DHL or M&S, I'm not sure on that bit. 

That's the bit that I'm unsure of too

Alderbank

A civil claim against M&S.
M&S might counterclaim they used reasonable care and skill when selecting DHL to deliver your item.

You don't have a claim in contract with DHL but you might have a claim in tort. They owe a duty of care to you and your possessions when they enter your premises.

My dog can't see through our side gate but if he is in the garden when anyone approaches he can sense them and he makes a lot of noise. I assume your dogs are the same?

The package had 'box of chocolates' or similar written on it.
I presume your dogs would not have heeded the warning because they can't read but the delivery guy can. He may argue that he did not know that chocolate is toxic to dogs but tossing a cardboard box of chocolates over a fence to a pack of barking dogs knowing the house occupants are away does sound negligent.

Mutton_Geoff

Perhaps he didn't put the package through the letterbox in case the dogs ate them?

user1977

Mutton_Geoff said:

Perhaps he didn't put the package through the letterbox in case the dogs ate them?

Indeed, don't the dogs have access to whatever is put through the letterbox?

Must admit I have refrained from sending chocolatey gifts to households which contain daft dogs, so maybe the gifter ought to take some responsibility...

SuzjS

Mutton_Geoff said:

Perhaps he didn't put the package through the letterbox in case the dogs ate them?

They weren’t in the house, they were outside!