Who is responsible for delivery problems

eskbanker

Badger850 said:

Thank you all fro your comments; what am I trying to achieve? Nothing in this particular case, but many deliveries in our village seem to go astray (in spite of two large signs on our gate), and I was simply wondering who is liable. It seems that, although Halfords deny responsibility, in the case of a total loss, then the retailer is responsible to me. As Okell says:  So Halfords can put such a clause in their T&Cs, but it has no effect against you or any other consumer. Lets hope we never have to really fight our corner in the case of a total loss.
Thanks again, everyone.

Depends what you mean by 'total loss' - to reiterate, that clause that you highlighted is a force majeure one, for exceptional external events, not something that would be applicable to a courier delivering to the wrong address or 'losing' the item in transit.  However, the fact remains that no retailer can override statutory rights....

Murphybear

Okell said:

In your specific case there is no point complaining to Halfords as you seem to have received your goods.

On a general point of principle Halfords and other online traders can - within certain limits - put anything they like in their T&Cs, but s31 of the Consumer Rights Act 2015 basically says that any trader's term that tries to limit or exclude their liability to a consumer in respect of (inter alia) delivery and/or passing of risk, cannot be enforced against the consumer.

So Halfords can put such a clause in their T&Cs, but it has no effect against you or any other consumer.

There might be an argument that such a clause was a criminal offence under The Consumer Protection from Unfair Trading Regulations 2008 but you'd have to contact Trading Standards to discuss that, and you as a member of the public can't go to TS direct.  You have to go through CABx.

Okell said:

In your specific case there is no point complaining to Halfords as you seem to have received your goods.

On a general point of principle Halfords and other online traders can - within certain limits - put anything they like in their T&Cs, but s31 of the Consumer Rights Act 2015 basically says that any trader's term that tries to limit or exclude their liability to a consumer in respect of (inter alia) delivery and/or passing of risk, cannot be enforced against the consumer.

So Halfords can put such a clause in their T&Cs, but it has no effect against you or any other consumer.

There might be an argument that such a clause was a criminal offence under The Consumer Protection from Unfair Trading Regulations 2008 but you'd have to contact Trading Standards to discuss that, and you as a member of the public can't go to TS direct.  You have to go through CABx.

When I had a small business there was a simple expression that we were taught “statute overrides contract”.  It’s very useful 

Ergates

Badger850 said:

Thank you all fro your comments; what am I trying to achieve? Nothing in this particular case, but many deliveries in our village seem to go astray (in spite of two large signs on our gate), and I was simply wondering who is liable. It seems that, although Halfords deny responsibility, in the case of a total loss, then the retailer is responsible to me. As Okell says:  So Halfords can put such a clause in their T&Cs, but it has no effect against you or any other consumer. Lets hope we never have to really fight our corner in the case of a total loss.
Thanks again, everyone.

If the circumstances covered by that clause ever arise then we'll have bigger things to worry about than a missing parcel from Halfords.