Mis-Delivery from B&Q

Ian_Leckenby

I have had an unsolicited/erroneous delivery from B&Q of a huge box containing a patio set. It was addressed to my son and labelled as the hottub he had previously ordered.

I have tried for 2 days on the phone and spoken to a "manager" who now doesn't seem to exist to get them to collect it. It is a nightmare size and we have no room for it. We have told them it is going back on the drive (where the delivery driver originally dumped it and ran).

Their only suggestion to date is we take it ourselves to a B&Q!!!! It's a 5ft x 3ft x 3ft box containing a sofa 2 chairs & a glass table and I'm not sure my electric wheelchair would even get that far if I could tow it!

What are my liabilities for this product, having tried to get B&Q to collect and given them said notice. I know if I do leave on the drive it will likely be stolen.

the_lunatic_is_in_my_head

Have a look on the CEO email website for B&Q, they should reply and sort it out, I'd cc in the Kingfisher Plc (who own B&Q) contact as well.

Unclear if you ordered a hot tub and they've sent a patio set in it's place or if you got 2 things delivered (the hot tub and a patio set).

Also did you buy from B&Q or was it a third party seller

Ayr_Rage

Get you son to sort it with a friend and a van.

Aylesbury_Duck

I don't think you're technically liable.  Your son is.  Why isn't he dealing with it?

Where is it at the moment?  Can't you just keep it there temporarily?  Why move it again?

ButterCheese

Commenting only on the information you have provided:  If your son ordered it then he should be sorting it out.  If you are happy to sort this out then you need to follow the advice above, do not stop until you get something in writing that acknowledges a) you could not refuse delivery because it was a drop-and-dash, and b) they are responsible for collecting it and c) you have not received your hot tub.

I'm not sure of the law around this, but the rule of thumb is for you both to agree an acceptable time period for B&Q to collect.  You must state that you have nowehere to store it safely so they are responsible for any theft, damage that occurs whilst it is on your drive.  You can make sensible efforts to ensure this doesn't happen by covering it up, and take pictures of that.   Also if it's a 3rd party seller (from B&Qs "Marketplace) then you can also contact the supplier directly.  This is what I had to do when my patio tiles arrived with 1 broken; B&Q would not get involved at all.  But the actual supplier was quite helpful

Ergates

You appear to have become an involuntary bailee of some goods from B&Q.

This is a legal responsibility, but it's fairly limited.  You're not allowed to sell the goods, and you're not allowed to deliberately or recklessly damage or destroy them. 

Other than that, whilst you do have a responsibility to take care of the goods, this is based on what is reasonable.  If the goods are too heavy for you to move, and/or too big to bring into your house, then you can't be expected to do that.  If someone subsequently steals it, that wouldn't be your problem  (unless you intentionally or recklessly encouraged them to do so).

DullGreyGuy

Ergates said:

You appear to have become an involuntary bailee of some goods from B&Q.

This is a legal responsibility, but it's fairly limited.  You're not allowed to sell the goods, and you're not allowed to deliberately or recklessly damage or destroy them. 

Other than that, whilst you do have a responsibility to take care of the goods, this is based on what is reasonable.  If the goods are too heavy for you to move, and/or too big to bring into your house, then you can't be expected to do that.  If someone subsequently steals it, that wouldn't be your problem  (unless you intentionally or recklessly encouraged them to do so).

Think more detail is required... if the son asked for the goods to be delivered to this address then the "involuntary bailee" is in relation to their son not B&Q. Presumably the son will want to exchange/return them as they are the wrong goods but that will become problematic for the son if the current bailee doesnt take a heightened level of care for the goods. 

Its odd why the post fails to mention why the son had what was supposed to be a hot tub delivered to their parents home, what the plan was for the goods had the error in labelling not occurred etc. 

Alderbank

DullGreyGuy said:

Ergates said:

You appear to have become an involuntary bailee of some goods from B&Q.

This is a legal responsibility, but it's fairly limited.  You're not allowed to sell the goods, and you're not allowed to deliberately or recklessly damage or destroy them. 

Other than that, whilst you do have a responsibility to take care of the goods, this is based on what is reasonable.  If the goods are too heavy for you to move, and/or too big to bring into your house, then you can't be expected to do that.  If someone subsequently steals it, that wouldn't be your problem  (unless you intentionally or recklessly encouraged them to do so).

Its odd why the post fails to mention why the son had what was supposed to be a hot tub delivered to their parents home, what the plan was for the goods had the error in labelling not occurred etc. 

I assumed that son is at work during the day whereas dad, a wheelchair user, is at home.

B&Q sell a range of inflatable hot tubs packed in boxes about 800x600x500mm, an easy fit in most hatchbacks. This giant box 5ft x 3ft x 3ft has arrived as a surprise.

ThumbRemote

Ian_Leckenby said:

I have tried for 2 days on the phone and spoken to a "manager" who now doesn't seem to exist to get them to collect it. It is a nightmare size and we have no room for it. We have told them it is going back on the drive (where the delivery driver originally dumped it and ran).

What are my liabilities for this product, having tried to get B&Q to collect and given them said notice. I know if I do leave on the drive it will likely be stolen.

Option 1: Leave it on the drive. They'll collect or not, but it's their problem. 
Option 2: Put all the items in your back garden for safe keeping and eventually use them once it's obvious B&Q have abandoned them.

There's absolutely no requirement for you to keep it blocking your hallway. 

DullGreyGuy

Alderbank said:

DullGreyGuy said:

Ergates said:

You appear to have become an involuntary bailee of some goods from B&Q.

This is a legal responsibility, but it's fairly limited.  You're not allowed to sell the goods, and you're not allowed to deliberately or recklessly damage or destroy them. 

Other than that, whilst you do have a responsibility to take care of the goods, this is based on what is reasonable.  If the goods are too heavy for you to move, and/or too big to bring into your house, then you can't be expected to do that.  If someone subsequently steals it, that wouldn't be your problem  (unless you intentionally or recklessly encouraged them to do so).

Its odd why the post fails to mention why the son had what was supposed to be a hot tub delivered to their parents home, what the plan was for the goods had the error in labelling not occurred etc. 

I assumed that son is at work during the day whereas dad, a wheelchair user, is at home.

B&Q sell a range of inflatable hot tubs packed in boxes about 800x600x500mm, an easy fit in most hatchbacks. This giant box 5ft x 3ft x 3ft has arrived as a surprise.

They also sell non-inflatable ones which would come in a much larger box, seems like a hell of a lot of assumptions being made and yet definitive advice being given without caveats