Paying for parcel protection

AppleGrape

I just bought clothing worth £18 online from boo-hoo. At the checkout they automatically added parcel protection insurance for approximately £1.50. I didn’t notice this had been added until after I paid. I’ve complained to them by email but haven’t received a reply. Is it legal to automatically add this cover, requiring clients to opt out rather than opt in?

the_lunatic_is_in_my_head

Is this for the outward journey, i.e to cover the goods on their way to you? 

If so risk doesn’t pass until physical possession and this is liability that can not be excluded.

Any suggestion of paying extra to secure against risk that is the trader’s would very likely fall under the DMCC prohibited practices regarding misleading actions that alter, or are likely to alter, the transactional decision of the average consumer.

Boo Hoo aren’t famed for customer services, I would report your experience to Trading Standards via Citizen’s Advice. 

PHK

the_lunatic_is_in_my_head said:

Is this for the outward journey, i.e to cover the goods on their way to you? 

If so risk doesn’t pass until physical possession and this is liability that can not be excluded.

Any suggestion of paying extra to secure against risk that is the trader’s would very likely fall under the DMCC prohibited practices regarding misleading actions that alter, or are likely to alter, the transactional decision of the average consumer.

Boo Hoo aren’t famed for customer services, I would report your experience to Trading Standards via Citizen’s Advice. 

Boohoo's terms and conditions explicitly say that they are responsible for the goods until they are received by the customer. 

So this Parcel Protection must be something else?

(Not that I can find anything about Parcel Protection insurance on their website) 

MyRealNameToo

It's an optional extra that comes up as preselected when you chose the delivery method. According to the link next to it it states:

Delivery Protection

Swap Protect offers package protection that gives you peace of mind.

• Coverage against loss, theft, or damage in transit.
• Quick resolution of delivery issues with just a few clicks.
• Rapid item refund, pending availability.
• 24/7 claim support with Swap Protect.

Swap offers tracking services and shipping protection extending coverage to online purchases that are lost or damaged in transit, or stolen immediately after the carrier's proof of delivery where Swap Protect traces the delivery status of the shipment.With respect to goods purchased on a subscription basis, adding Swap Protect to an initial subscription purchase will automatically add protection to all subsequent purchases of said subscription.

Whilst payment is unrequired for loss, theft or damage whilst in transit the other three items are elements which in principle you could pay a premium to have accelerated or access to. 

the_lunatic_is_in_my_head

MyRealNameToo said:

It's an optional extra that comes up as preselected when you chose the delivery method. According to the link next to it it states:

Delivery Protection

Swap Protect offers package protection that gives you peace of mind.

• Coverage against loss, theft, or damage in transit.
• Quick resolution of delivery issues with just a few clicks.
• Rapid item refund, pending availability.
• 24/7 claim support with Swap Protect.

Swap offers tracking services and shipping protection extending coverage to online purchases that are lost or damaged in transit, or stolen immediately after the carrier's proof of delivery where Swap Protect traces the delivery status of the shipment.With respect to goods purchased on a subscription basis, adding Swap Protect to an initial subscription purchase will automatically add protection to all subsequent purchases of said subscription.

Whilst payment is unrequired for loss, theft or damage whilst in transit the other three items are elements which in principle you could pay a premium to have accelerated or access to. 

Still don't think it would fly

Coverage against loss, theft, or damage in transit.

Implies without it you aren't covered, even the name of Delivery Protection or Parcel Protection implies such. 

They are sailing close to the wind until someone (with authority) says to stop. 

Okell

Yeah

Getting people to pay extra just to get their legitimate claims dealt with more quickly seems a bit dodgy to me...

FluffySocksRule

Has anyone successfully gotten this refunded yet? I am currently in the process of fighting it? I paid almost £50 for this unknowingly

EnglishWelshie

https://forums.moneysavingexpert.com/discussion/comment/81823354#Comment_81823354

Just found this thread. I've just had this but only paid £1.99 fortunately. I contacted seel through their email link and then their online chat and got it refunded.

This has now really put me off shopping with boohooman as I feel the option should be to choose it and not have to untick the option. It is very small and so easy to miss I wonder how many people get caught out with this.

Contact with Boohooman though was terrible and was just a bot using facebook messenger and said that a manager or human would not be able to help me any more. It also said in the conversation that once an order is placed the priority delivery support cannot be cancelled.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/81916329#Comment_81916329

If you want to do your bit as a consumer, complain to the Competition and Markets Authority here: https://www.gov.uk/guidance/tell-the-cma-about-a-competition-or-market-problem

In your complaint you should refer to the legislation below, as it is unlawful to pre-select additional charges beyond the core price under Regulation 40 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

https://www.legislation.gov.uk/uksi/2013/3134/regulation/40

EnglishWelshie

https://forums.moneysavingexpert.com/discussion/comment/81916563#Comment_81916563

Thank you I will be doing. I decided to give chat gtp a go and got lots of useful information off that too which I have saved to pdf. I don't really use AI for anything but it turned out to be much easier than googling.

Pescur

https://forums.moneysavingexpert.com/discussion/6633110/paying-for-parcel-protection

Parcel protection has been referred to on the Radio Consumer programmes as the latest scam, also the ICO is very clear that no box on anything should be pre-selected.

The consumer rights Act 2015 is very clear that the risk of delivery lies with the supplier until the product is placed in the hands of the consumer, so if they deliver it and dump it on a drive, behind the bins or someone steals it from your doorstep, they are culpable.

You do not have to take it out and they should not be automatically selecting it, they would probably be withing their rights to charge for delivery and include this sort of insurance in it but none of that would take away from your Statutory Rights.

I would complaint to the local Trading Standards to their Head Office, also consider a chargeback if the charge was not prominent and you never agreed to it so it was a breach of contract.

Thanks for sharing your experience, BooHoo now added to my personal shitlist.