Can someone keep a mattress wrongly delivered to them?

tezzasmif

brianposter said:

OP, you are not being "too nice". Remember that you are now trying to persuade the courier company to go out of their way  to recover "your" mattress.

You write that like I shouldn't expect the goods I've bought? I'm sure you can infer I was saying maybe I havent pushed enough for a clear response. 

MattMattMattUK

tezzasmif said:

brianposter said:

OP, you are not being "too nice". Remember that you are now trying to persuade the courier company to go out of their way  to recover "your" mattress.

You write that like I shouldn't expect the goods I've bought? I'm sure you can infer I was saying maybe I havent pushed enough for a clear response. 

You have no rights with the courier, they were contracted by the retailer. The goods are not yours until they are delivered, therefore the retailer can cancel the order, refund the money and call it a day.

Alderbank

MattMattMattUK said:

tezzasmif said:

brianposter said:

OP, you are not being "too nice". Remember that you are now trying to persuade the courier company to go out of their way  to recover "your" mattress.

You write that like I shouldn't expect the goods I've bought? I'm sure you can infer I was saying maybe I havent pushed enough for a clear response. 

You have no rights with the courier, they were contracted by the retailer. The goods are not yours until they are delivered, therefore the retailer can cancel the order, refund the money and call it a day.

Maybe, but not necessarily.

The goods become yours when the contract says they do. It's quite common for the contract of sale to say that ownership passes when the goods are despatched. If so the goods are already yours while the courier has them.

This is not to be confused with s29 of the Consumer Rights Act, Passing of Risk,  which says that the goods remain at the trader's risk until they come into the physical possession of the consumer (I have simplified a bit).

In the above case the goods would be yours but the trader has a legal obligation to get them safely to you. If the trader doesn't manage that then he must compensate you for losing your goods or he must replace them.

RefluentBeans

OP like you’ve been told several times, the issue is with your retailer. I’ll try and explain why. 

When the retailer organises postage/couriers - the risk transfers when the courier delivers the parcel to you. Until then, the risk is the retailers - that means if the package is lost, stolen, damaged etc in transit - the retailer takes the hit. So you should go back to the retailer and state what you want and when the deadline to deliver the goods is. If they fail, then you should ask for a refund (and then cancel the contract). 

You also make comments about it being limited stock - has the retailer confirmed that was the last one in stock? Have you approached the possibility of having an alternative at a discount (to get you to go away etc)? The latter is, of course, a gesture of goodwill but never hurts to ask.

Ultimately, I think this is going to go one of three ways: 1) the mattress appears next week. 2) they resend a mattress to you (maybe the same model maybe a different model if you can agree). 3) they fail to deliver - and you unwind the contract. You’re entitled to be in the position you were in before the breach of the contract - so the amount of money refunded. 

Don’t focus on if someone else has your mattress. Just focus on the retailers obligation to provide you the product. It’s their issue to chase down the bed. 

sheramber

If the person who has received your mattress doesnlt contact the  retailer and the retailer do not know who has it, what do you expect the retailer to do?

They cannot demand it back of a person unknown.

The person who received it is not entitled to keep it but  neither is the person who shoplifts nor the burglar but until they confess or are found out they have the goods.