Meaco delivery terms

Downthedrain

I'm looking to buy a Meaco 20L dehumidifier from their approved partner. However, the delivery terms states 

"We carefully pack each order and try to ensure that your order is received by you on time and in one piece. However, we are not responsible if your goods are lost or damaged in transit."

Who is responsible (from my perspective as a consumer)? My contract would be with Meaco's partner - I have no relationship with their courier and have no choice over who they use. To me it looks like they're absolving any responsibility.

the_lunatic_is_in_my_head

Usually risk passes upon physical possession of the consumer, do you have a link to where you are buying from?

That applies to the UK and EU, T&Cs pages should state what laws govern the contract, if the seller is outside of these areas, such as the US or China you are going to have a hard time regardless of what local laws may say. 

If the T&Cs say governed by the laws of England & Wales and the dehumidifier is over £100 you can pay on a credit card for added S75 cover.

Chargeback is an option if paying via debit card but requires returning the goods (if they arrived damaged, non-receipt should be more straightforward if there's no tracking to show delivery) and isn't always as clear cut as the liability to the card provider that S75 offers.  

Fletchkov

I bought that exact  one for my daughter and the courier left it in her open drive for anyone to steal and it was raining. I actually ordered it from John Lewis but the courier was not them  it was DPD . I have had a lot on and it wasn’t damaged or stolen as daughter came home to it slightly damp but ok after work so I didn’t follow it up . But I will certainly be checking what couriers companies use in the future when I order stuff 

BoGoF

Fletchkov said:

I bought that exact  one for my daughter and the courier left it in her open drive for anyone to steal and it was raining. I actually ordered it from John Lewis but the courier was not them  it was DPD . I have had a lot on and it wasn’t damaged or stolen as daughter came home to it slightly damp but ok after work so I didn’t follow it up . But I will certainly be checking what couriers companies use in the future when I order stuff 

DPD are one of the best IMO. What I don't get is when these companies give you a time slot (and dpd give you a 1hr window) then why aren't you in to get it or reschedule?

Downthedrain

Here's the link to the site;

https://www.meacodehumidifiers.co.uk/products/meaco-20l-low-energy-platinum-dehumidifier-3-year-warranty-meaco20le

the_lunatic_is_in_my_head

https://www.meacodehumidifiers.co.uk/policies/terms-of-service

4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. 

That seems right to me, where are seeing 

"We carefully pack each order and try to ensure that your order is received by you on time and in one piece. However, we are not responsible if your goods are lost or damaged in transit."

OP? 

sheramber

the_lunatic_is_in_my_head said:

https://www.meacodehumidifiers.co.uk/policies/terms-of-service

4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. 

That seems right to me, where are seeing 

"We carefully pack each order and try to ensure that your order is received by you on time and in one piece. However, we are not responsible if your goods are lost or damaged in transit."

OP? 

https://www.meacodehumidifiers.co.uk/pages/delivery

HillStreetBlues

sheramber said:

the_lunatic_is_in_my_head said:

https://www.meacodehumidifiers.co.uk/policies/terms-of-service

4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. 

That seems right to me, where are seeing 

"We carefully pack each order and try to ensure that your order is received by you on time and in one piece. However, we are not responsible if your goods are lost or damaged in transit."

OP? 

https://www.meacodehumidifiers.co.uk/pages/delivery

They much have let someone clueless write them
"All couriers offer doorstep deliveries but customers not in ground floor flats or apartments may need to arrange further assistance after delivery."

Downthedrain

After consideration I've decided to buy another brand. The money involved isn't trivial I can see problems arising if the supplier denies responsibility for a damaged or missing parcel. I've been in this position before with a different purchase and the courier would not engage in discussion because their contract was with the supplier, not me. The term seems to be completely unfair.

Alderbank

Downthedrain said:

 I've been in this position before with a different purchase and the courier would not engage in discussion because their contract was with the supplier, not me. The term seems to be completely unfair.

It might seem completely unfair to you but it is completely legal.

In law it is known as the doctrine of privity of contract.

Downthedrain

The unfair term I refer to is the one in the suppliers terms for delivery;

1. The supplier says it is not responsible for loss or damage in their terms, to which I have to agree to place the order.

2. My contract is with the supplier only.

3. I do not have a contract with the courier, only the seller does.

4. The only recourse I have is with the seller, which is negated by (1)

What I conclude under this arrangement is that if the parcel is lost or damaged, I have no recourse whatsoever and I lose my money. This is legal?