musicMagpie false advertising of delivery service

Mark_d

MusicMagpie advertises delivery "by 1pm next day" for orders placed by 10pm. I therefore ordered a phone on 11 Feb and paid extra for the premium delivery by 12 Feb - which would have allowed me to set up the new phone before going abroad on holiday today.  At 1.13pm on 12 Feb I received an email - although the deadline had been missed "Your order will be delivered today!".  The phone was not delivered and now I am unable to receive the phone and I'm just leaving to go on holiday for two weeks.

MusicMagpie wants me to apply to return the phone before they refund me but clearly I cannot return I phone which I cannot first receive.
I am worried that MusicMagpie will dump the phone in my garden whilst I'm away and use this as as excuse not to refund me.  Can they treat the item as delivered if I have not accepted receipt of it?

TELLIT01

MusicMagpie won't be doing the delivery themselves.  That is down to the courier service.  I would certainly want the premium paid for delivery refunded.  All I can suggest doing regarding the item being dumped on the doorstep is put a note on the door saying "Do not leave the package if nobody answers the door".  Photograph that and send a copy to MusicMagpie.  Whether it will stop the delivery driver dumping the package is another matter.

DE_612183

It depends on who the courier is and the ability to re-direct delivery etc.

As an aside - ordering a iPhone for delivery 48 hours before you going on holiday was probably not a smart move.

Anything can go wrong with deliveries which are not necessarily in the control of either the seller or the couriers, and they will have relevant disclaimers to underline this.

Mark_d

DE_612183 said:

It depends on who the courier is and the ability to re-direct delivery etc.

As an aside - ordering a iPhone for delivery 48 hours before you going on holiday was probably not a smart move.

Anything can go wrong with deliveries which are not necessarily in the control of either the seller or the couriers, and they will have relevant disclaimers to underline this.

It was a spontaneous purchase.
Yes things can go wrong with deliveries...but ultimately under the Consumer Rights Act I am eligible to have my money refunded.  If I would be at home, I could simply reject the delivery or return the item.
As I'm not in a position to accept delivery, can the retailer deem the item to be delivered and hence start the 14 day returns period?
It appears the retailer used Royal Mail Tracked 24 rather than Special Delivery.  This is not what I paid for

DE_612183

I don't think with tracked 24 they can just dump in garden - you can I think update your delivery options - have you tried that?

Penguin_

Mark_d said:

MusicMagpie advertises delivery "by 1pm next day" for orders placed by 10pm. I therefore ordered a phone on 11 Feb and paid extra for the premium delivery by 12 Feb - which would have allowed me to set up the new phone before going abroad on holiday today.  At 1.13pm on 12 Feb I received an email - although the deadline had been missed "Your order will be delivered today!".  The phone was not delivered and now I am unable to receive the phone and I'm just leaving to go on holiday for two weeks.

MusicMagpie wants me to apply to return the phone before they refund me but clearly I cannot return I phone which I cannot first receive.
I am worried that MusicMagpie will dump the phone in my garden whilst I'm away and use this as as excuse not to refund me.  Can they treat the item as delivered if I have not accepted receipt of it?

What is the first part of your postcode?

Next day restrictions apply to some postcodes. The following postcode areas cannot be guaranteed: AB, BT, DD9-11, DG5-9, FK17-21, GY, HS, IM, IV, JE, KA27-30, KW, KY10, KY14-16, PA20-38, PA41-49, PA60-78, PA80, PH5-9, PH11-13, PH15-26, PH30-50, PO30-41, TD5, TD15, TR21-25, ZE.

Ergates

Mark_d said:

I am worried that MusicMagpie will dump the phone in my garden whilst I'm away and use this as as excuse not to refund me.  Can they treat the item as delivered if I have not accepted receipt of it?

Not legally no. 

"The goods remain at the trader's risk until they come into the physical possession of—
(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods."

Leaving parcels on the doorstep or some "safe" place is a convenience that *usually* suits both parties, but leaves the retailers at risk if the parcel goes missing before it is picked up.

the_lunatic_is_in_my_head

I would imagine with mention of 1pm the parcel is Special Delivery. 

Comes under delivery of goods:

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

Question is, if a customer pays extra for next day delivery is "delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into"

If so treat the contract at an end and full refund due. 

Or do nothing, parcel is returned to sender, risk has not passed, inform MM of cancellation and full refund due. 

I don't think RM will leave SD unattended but they might deliver to a neighbour, but at MM's risk right, as OP has nominated a neighbour?