Advice Appreciated - Courier delivered to wrong address

hellomoon

Hi

Would really appreciate some advice ...

I ordered some musical equipment from a german online retailer. I received an email from them advising that my order had been shipped and delivered on 24/5 however i haven’t received my parcel- I checked the order tracking on the courier website said that it had been delivered to "SHARON" - i assume this means the courier gave the parcels to one of my neighbours, the only issue being that none of my neighbours (that im aware of anyway) are called sharon (i asked around the street nobody received the parcel), ive emailed the courier asking them to confirm who "Sharon" is and ask for a copy of the delivery docket. I don’t want to think that any of my neighbours are thieves however i'm not living their too long and wouldn’t know anyone too well... anyway.. regardless i think im right to say that the courier shouldn’t have given the parcel to anyone at an address different to that instructed.

If it is the case that the courier have delivered the parcels to the wrong address is this the fault of the seller (they haven’t supplied me the goods) or the courier (sent to the wrong address/handed over goods to an unknown third-party).

The courier is a partner of the online retailer - T&C of the retailer say the following re delivery:

"Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Musikhaus Thomann e.K., the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly."

Im not a legal expert but i only have a contract with the seller to pay for the goods and then the buyer should supply goods to the address given. How can the seller/courier can decide to deliver to a different and deem the contract completed? Am i correct ?- the courier is their partner they chose that company to supply the goods to me its their duty surely to ensure that the courier delivers to the address as requested?

Sale of goods and supply of services act says

the goods remain at the seller’s risk until they are delivered to the consumer.

Does the act supersede T&Cs of online order?


I heard nothing but horror stories about this courier company and Im assuming the retailler are just going to point me towards the courier ... What’s the best thing for me to do if the retailer or courier fob me off?

I dont want to just accept that my neighbours have robbed my parcel.

Help appreciated if this topic has been covered before please post a link...

Thanks guys

Nolimits

hellomoon wrote: »

Hi



Sale of goods and supply of services act says



Does the act supersede T&Cs of online order?




Thanks guys

Yes it would, but as you bought this in Germany I would assume they have different laws which is where the transaction would come under.

I can't offer a lot of advice but wish you luck.

hellomoon

thanks nolimits fingers crossed...

thenightrider

hellomoon wrote: »

regardless i think im right to say that the courier shouldn’t have given the parcel to anyone at an address different to that instructed.

You hit the nail on the head the courier should not have left the package at any other address

TouchingVirus

What normally happens is the company will claim for the parcel from the courier company and will then reissue your order. You shouldn't lose out because some courier took the liberty of leaving your parcel with the neighbours.

Del2005

How did you pay? If by credit card do a charge back. If not contact the European Consumer Centre, this is their area of expertise. But AFAIK terms and conditions can't supercede consumer law.

hellomoon

I paid by credit card ... sorry im very ignorant how would i do a charge back...

hellomoon

actually... ***googles credit card charge back***

I'll do this! Thanks for your help!

jor el

Before the charge back, you should try and contact the shop again. They cannot shrug their responsibility here, and the goods do remain their property until delivered to you. They cannot push the blame on the courier, no matter what's in their T&Cs. European wide consumer law takes effect here.

http://www.eccireland.ie/topic.php?topic=5
http://www.eccireland.ie/topic.php?topic=6
http://www.eccireland.ie/complaint.php

foggy_lad

Irish consumer law pertaining to online purchases is what you go by in this case. That means the retailer is solely responsible until goods have been delivered afaik

Savman

Get onto the retailer ASAP, tell them you never got the order. If it's Music Store, they use UPS, get them to chase up delivery proof. If it's Thomann, it'll be the man in a white van gang who leave your stuff anywhere.

Either way apply pressure with the store you bought from, they have your money, the courier company is none of your concern as you have no influence with them, they will only deal with the Shipper who paid shipping charges. Forget about the courier IMHO, you will get nowhere. The eejit driver is hardly gonna admit delivering to the wrong address.

Go back to source and demand your full order, re-shipped if necessary, or a full refund and don't be nice about it.

hellomoon

Update - Got onto the retailler at 9 this morning- they say they are looking into with An post - DHL the courier service only sent it as far as the An post depo. by 12 o'clock i was impatient. I rang an post myself they were able to track the order send me the delivery receipt somebody called Shannon signed it - An post admitted that they may have left it with a neighbour and rang the driver turns out the driver delivered to a house with the same number as my house but with a different (though admittedly simillar) street name. The driver called to the address but they apparently denied recieving the package! An post were supposed to phone me before COB with an update (they didnt) i assume they will go to the Gardai about it if they really think it was sent to that address. I dont know whether i should call around to the house that the items were sent to to ask for my parcels so the gardai wont be involved, but if im honest i probably wont... the person knows An Post have made a mistake and came looking for the parcels. They can drop them around to me as they know were i live (its written on the parcel) or keep them and deal with the Gardai.

Im very disapointed that it appears someone took my parcels and must have realised their was a mistake that could have been easily rectified and yet kept them anyway. Broken society... sigh..

I'll probably contact the retailler let them know what An Post told me and ask for the items to be shipped to me again asap... they can persue An post or the person signed for my parcels its not my responsibility.

Many thanks to everyone who responded with advice

Gillo

Bare in mind that there is a time limit for initiating charge backs so it may be worth getting onto the credit card company now and letting the retailer and An Post fight it out amoung themselves.