Postage Contract

[sacko]

I was always under the impression that no matter which Postage Option you chose, it is the Suppliers contract and not the buyers; but I cant see this under the Distance Selling Regs documentations.

I have bought a part from a shop. They have sent it out First class un-recorded by the sounds of it, and it has not arrived 10 working days later (agreed 3-4).

They are now saying I have to wait until RM issue a refund.

Can anyone point me in the right direction.

[trillian]

If memory serves, the distance selling regs are worded with the intent that the seller has to get the item to you and they bear full responsibility to do so by whatever means. Royal Mail or UPS etc. etc. has no part in it. You have a contract with the seller and the seller is obligated to deliver the item to you, if it fails to arrive the seller has not lived up to their end of the bargain full stop. They cannot defer the blame to anyone else, they have to remedy the situation.

[pgkevet]

From Citizens Advice - What do the distance selling regulations cover?

• have a right to have goods or services provided within 30 days after the order was sent, unless otherwise agreed
• can get a refund if items aren’t delivered on the agreed delivery date. If no delivery date is given, you can get a refund if items aren’t delivered within 30 days of placing your order

So it would appear to hinge on whether the contract of 3/4 days is valid..and that'll be business days I'd guess. If it isn't arguable then you should still get refunded by 30 days

[dave j]

As you say the postage contract is indeed with the postee not the intended recipient so it is up to the postee to chase things up with the rm and they should send you out a replacement whilst they get an answer from rm as to weather the item was delivered

[sacko]

Thanks

Sheryll, what you wrote is exactly my understanding but I cannot see that wording in the DSR. Will have another quick look.

I have paid via Paypal so not the end of the world, but just wanted some clarification and ideally a link to the legislation covering us.

[sacko]

Distance Selling Regulations Checklist


"You cannot charge the customer the cost of insuring items that you send out. These items belong to you until they have been accepted by your customer, so you cannot charge your customer for carrying risks that you should bear."

Just found this, which is probably all there is.

[trillian]

Yeah it has been a while since I was up on all that. Some years ago I bought a hard drive from an Ebay seller and the courrier was Citylink. The seller said that Citylink tried to deliver it three times and that I was not in, which was a complete lie. So Citylink brought the item back to the seller and they then had the hard drive and my money. The further insult was that Paypal would not refund me because the seller provided a tracking number to them (nevermind that they didn't even provide the correct tracking number or that no confirmation of delivery existed). I was about to take them to small claims court but PP agreed to refund me. --- And this was out of Paypal's insurance by the way, the seller never had to give back the money or the item!