Legal position if somebody doesn't deliver

  Esso43 16:52 24 Oct 2003

Ok if you order from a mail order firm through their web site.

And nothing arrives.

The company refer you to the delivering company who claim to have delivered every day for a week but have not left a card once (and there was someone at the delivery address each day).

Where does the responsibility lie?

Can I just cancel my order and get a refund as they didn't deliver?

I don't think I have a legal relationship with the deliverer?

Anybody can enlighten me?

  Alan Ryan 17:09 24 Oct 2003

No, you don't have a legal relationship with the delivery firm; your sales contract is with the supplier. You should insist on a refund, if that's what you want, and not be fobbed off with
a reference to the delivery company.

  Esso43 17:11 24 Oct 2003

Thanks i will get back to them.

  rampus 17:14 24 Oct 2003

You have no contractual relationship with the carrier. At the end of the day your contract is with the company that you ordered from. It is their responsibility to ensure delivery to you, if this is what they have promised.

If you do not receive your goods you must notify them that they are in breach of their contract (to deliver you the goods as ordered). You should also give them "reasonable opportunity to remedy the breach" in this case it seems that they may be trying to deliver, albeit unsuccessfully. if they still fail you can either A/ Cancel the contract and get your money back - some company's try to hide behind their "terms & Conditions" but you have a right to this .

b/ Go and buy the items elsewhere and charge them the amount that you had to pay (to meet their obligations). This is more dodgy as it could take you some time, cost and effort to get the money out of them.

Trading standards has a helpful website with info on consumer rights.
click here

Hope this helps

  Wilham 17:15 24 Oct 2003

If you ordered with credit card your first responsibility is to tell the card company there is a problem. The supplier isn't paid before your card a/c is debited, so early response by you is sensible.
Unfortunately there are occasional rogues who try to rip off mail-order firms as well as the other way round.

  Forum Editor 17:15 24 Oct 2003

that you do not have a legal relationship with the courier.

Your contract is with the company from whom you ordered the goods, but if the couriers tell them they have tried to deliver each day for a week they'll tend to accept that - so would you if you think about it. The seller has passed the goods to the courier, and it's in your interests to get your hands on whatever you've ordered.

The fact is you haven't had the goods, and the courier company have. If they (couriers) are nearby you could offer to collect, or you could make an arrangement for them to call on a specified day - they'll usually commit to a.m. or p.m.

Why don't you speak directly to the courier company and see what you can arrange they'll be keen to get shot of the package so they can get paid.

  Forum Editor 17:18 24 Oct 2003

between A and B rather than jumping straight into the consumer legislation procedures. Your main objective is to get your goods, regardless of whether or not someone has failed in their contractual obligations - speak to the courier.

  Esso43 18:06 24 Oct 2003

Thanks for the words of wisdom.

I was trying to find out what ground I was standing on.

Before I started complaining.

  wee eddie 21:27 24 Oct 2003

getting a confirmation of the Delivery Address.

Simple errors have been known to occur

  spuds 23:25 24 Oct 2003

I had a similar delivery problem recently.The courier had made four attempts to deliver the goods, over five days.In the end it was found, that the paperwork was at fault, with an incorrect delivery address supplied by the retailer.A simple case of admin error.I contacted the courier firm direct, and all was eventually sorted out.

  Esso43 09:21 25 Oct 2003

Yep first email I sent asked the retailer to check with the courier that they had the correct address.

I guess I don't think it is something I should sort out.

They claim to have tried to deliver but have not left a calling card which suggests they may have the wrong address.

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