Mattress - apprently delivered to wrong address, whats my rights to request a new order

autonm

(England)

I ordered a double mattress in store (not online) . and was to be delivered by FedEx.

I was originally told that the item was in stock and would be delivered within 7 days. On the 8th day I had a notification from FedEx that the mattress had been delivered.

Both my wife and I work from home and on the 8th day we were home all day.

The mattress is not down the side of the house, checked with close neighbours and I imagine that if a neighbour did have the double mattress then they would have been round to tell us ASAP - I wouldnt want a double matteress standing in my garage / hallway.

According to FedeX website, there is a 'proof of delivery' - however all it says is my surname and delivery Newcastle, UK... no specific show of address or signature / photo etc.

I contacted the bedding company as soon as I had the notification of delivery and their response is they will have to chase it up and find where its been delivered to and evidence that it didnt actually goto my house.

My question is - isnt my contract with the bedding company, they failed to deliver the goods to me? ... how long should I reasonably wait, before I ask them to send another one ... I can see this being drawn out between the bedding company and FedEx - with me stuck in the middle with no mattress.

Am I in my right to request another one to be sent out - or even to request a refund?

cymruchris

Fedex will likely have GPS co-ordinates in relation to where it was actually delivered - so I'd say give the supplier a couple of days to work out where it is - and once they know it's been delivered elsewhere, hopefully they'll send you a new one, while they work with Fedex to recover the other one. Is your seller a local company or a large retailer?

autonm

Its a national retailer. Probably one in every other retail park across the country. 
I'll give them a few days to hopefully track it down.... I can see someone taking in a parcel - but like I said, a mattress size wise is a little different  

Mark_d

You might need to give them 30 days but it is the seller's legal responsibility to sort out the issue.  After 30 days I would request a refund and buy from someone else  - personally I'd be looking at John Lewis

HampshireH

It could still be on the van and going out today. Having been signed off Friday.

Our local shop (evri so smaller stuff) never has my items on the day I receive the "we have your parcel" notification it always arrives 1 or 2 days later (very frustrating).

It shouldn't happen on big items as they should return an empty van but it's not unheard of.

I couldn't imagine ever taking in someone's double mattress. It's the sort of thing I would decline to look after if it appeared on my doorstep (lack of space but also heavy and awkward)

DullGreyGuy

autonm said:

Its a national retailer. Probably one in every other retail park across the country. 
I'll give them a few days to hopefully track it down.... I can see someone taking in a parcel - but like I said, a mattress size wise is a little different  

You'd have thought but we had 4 seater sofa that was supposed to be delivered to 4 The Building, Named Street but they delivered it to 4 Named Street instead and the person there signed for it and took delivery. 


What was more annoying was that the courier, DHL,  had a depot on Named Street but because it had been sent by DHL Express it was a courier from a different depot 20 miles away. Thankfully for us they quickly worked out what had happened but had to wait for the DHL Express guy to come back to uplift it and redeliver it to us because there is no way a DHL van could do it as a job for DHL Express. 



You need to give them reasonable time to investigate what has happened, unfortunately there are some that will falsely claim they haven't received goods and so they won't just send a replacement for free on the basis of just a phone call. 

Ergates

If they fail to deliver in 30 days you can claim for a refund.

Additionally, if you paid extra for delivery within a specific timeframe, then you can claim a refund for that if they miss it.  (E.g. if they deliver in 14 days, but you paid for delivery in 7 days)

the_lunatic_is_in_my_head

Ergates said:

If they fail to deliver in 30 days you can claim for a refund.

Or we could take a look at the what the regs say and discover:

https://www.legislation.gov.uk/ukpga/2015/15/section/28

that the 30 days only applies when no timeframe is given but as OP was given a timeframe (of 7 days) once that has passed OP may specify another period that is appropriate in the circumstances and then claim a refund (by treating the contract at an end).

That assumes OP didn't tell the retailer delivery at the agreed time was essential, which I imagine few people actually do, but were that the case the contract may be treated at an end after the agreed period has expired.  

Jellynailer

If your retailer's name begins with an F, it has recently changed hands.  Please send me a private message (click on my avatar then profile then message) and I will brief you.  

If not, look at one star posts for the company on Trustpilot and see if your problem is common or unusual. 

Jellynailer

autonm said:

I ordered a double mattress in store (not online) . and was to be delivered by FedEx.

N.B  I noted that you did not want to name the retailer, hence my cryptic message.  It is not a good idea, anyway to name companies.  The company then has a right of reply + MSEF is accessible to the www as a .com site. 

EssexHebridean

OP as long as you are being truthful in what you are saying - and are not for example accusing an entity of having broken the law in some way when they have not, then naming a supplier is perfectly reasonable and can often be helpful - there's no need to be concerned about that at all. 

Have you checked back on the FedEx website to see whether the delivery details have been updated with a photo of the location or something along those lines? Or perhaps a signature?