Who is liable for damaged delivery - sender or carrier?

UsedToWait

A colleague arrived home to find an online order had been fired over her back gate and subsequently (presumably) mauled by her dog.

The sender says they will not replace it, but can't tell her who the carrier was.
They're in another jurisdiction and say it was most likely the postal service (An Post).

They've washed their hands of it completely, but surely they have a responsibility to deliver the item undamaged to the customer?

Any advice please?




edit: Might be more suited to Online Buying forum, if a Mod could please move..

daheff

i would imagine the sender is responsible to the buyer for package being delivered, and delivery company responsible to sender.

Sounds like package was delivered to address ok, but not to recipient.

Me thinks call to credit card co asking for chargeback is in order here.

UsedToWait

daheff wrote: »

i would imagine the sender is responsible to the buyer for package being delivered, and delivery company responsible to sender.

Sounds like package was delivered to address ok, but not to recipient.

Me thinks call to credit card co asking for chargeback is in order here.

I did advise her that a charge back would be the ultimate resolution, but like you, felt it was up to the sender to replace the goods and claim back from the postal service.

They tried to pass that buck onto her, but can't even say from whom she should claim!

Melendez

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ytpe2r5bxkn0c1

The sender is responsible and is the person who has a contract with the carrier. The sender replaces, or refunds, and claims against the carrier.

L1011

The likelyhood of An Post throwing something over a gate is slim to nil - they do have temporary staff this time of year; I'd say nil outside of the Christmas period. Its going to be a courier firm.

The sender is liable to the customer; the courier to the sender.

Seve OB

if it wasn't signed for why would any delivery courier fire any package over a gate????

IMO, if it wasn't signed for, it wasn't received!

UsedToWait

L1011 wrote: »

The likelyhood of An Post throwing something over a gate is slim to nil - they do have temporary staff this time of year; I'd say nil outside of the Christmas period. Its going to be a courier firm.

The sender is liable to the customer; the courier to the sender.

You're right in fact - part of the box was found after I last spoke to her yesterday, with courier label intact..

I've told her not to engage with them at all however - as far as I understand, and thanks for the advice above, her contract is with the seller..

Del2005

Melendez wrote: »

The sender is unquestionably responsible. They must either refund or replace the damaged item and then argue the toss over compensation with the delivery agent. Can get messy or impossible to enforce depending on the payment method.

Under Irish law. We don't know what country the item was ordered from so don't know what their law is, every website will have somewhere under what countries law it trades.

UsedToWait

Del2005 wrote: »

Under Irish law. We don't know what country the item was ordered from so don't know what their law is, every website will have somewhere under what countries law it trades.

^ it's a UK seller, whose Trust Pilot rating I've since discovered is average at best..

Melendez

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_Brian

Her contract is with the sender who has taken on to deliver the product to her in good condition.

It isnup to the sender to chase up the delivery company.


I use An Post a lot to deliver parcels and throwing stuff over a gate isn't their gig at all. Some of the couriers are much more likely to do this, particularly those who run local deliveries via franchise. They need rid of the parcels ASAP.

charlietheminxx

It's the seller's responsibility under EU law which should apply here.

Del2005

Melendez wrote: »

So which country's law states that the receiver is responsible for the sender (or his agent) delivering goods in advertised condition?

I've no idea, but quoting Irish law when we've no idea where the seller does their business is off no help to anyone.

It appears that the seller is UK based so the advice was correct But as usual the OP only checked out the company after they purchased not before.

UsedToWait

Del2005 wrote: »

But as usual the OP only checked out the company after they purchased not before.

^ The op is not the purchaser here

Just trying to help out a colleague who might not be as savvy in online purchasing as the denizens of boards

UsedToWait

To conclude the tale, she was still coming up against a brick wall with their customer service agents, so I got the company directors' details from Companies House, and an email address via Google.
30 minutes later she had an apology and the refund is authorised.