UKC

Right; Mrs Fester's son, who lives 250 miles away, purchased some Christmas presents from a well known online retailer and asked for them to be delivered to our address so that he would not have to carry them when he travels up on Christmas Eve. Obviously, being presents, he doesn't want us to see what's inside.

Anyway the said parcel arrived yesterday and it was immediately obvious that the parcel had spent considerably longer that a few seconds in some standing water. This was borne out by the delivery driver's comment to the effect that it was on the ground awaiting loading into his vehicle.

Judging by the amount of "wetness" of the cardboard we are fearful that the contents might be damaged. Unfortunately we will not know this until son arrives on Christmas Eve.

Given that it will be five weeks before it's opened can the retailer/courier still be held liable for damage?

In reply to FesteringSore:

Get a neighbour to open the package and re-wrap if OK. If not, put back in the damaged box and return. Thus you will not know what it is either way.

In reply to Toccata:

Fair comment except that son prefers to see for himself.

In reply to FesteringSore:

I think Father Christmas needs to be over ruled by common sense here, don't jeopardise any consumer rights.

In reply to FesteringSore:

Just make the seller aware of the issues and get them to confirm via email that any damage found in 5 weeks time will be dealt with according to your requests.

In reply to Toccata & Pedro50:
Just sent a text to son asking him if he wants us to do that. Thanks for suggestion.

In reply to Run_Ross_Run:

Thanks for another good idea

In reply to FesteringSore:

Take dated pictures of the box now before you forget...

In reply to FesteringSore:

The best approach would have been to reject the parcel.
The second best sign the note that the parcel was damaged and taken a photo.
If you have done neither, it is the sellers problem, who will have no redress with the carrier, because you signed for the parcel as delivered in good condition.
The carrier is now off the hook.
I would advise you contact the seller ASAP and possibly get a neighbour to check inside package as there may actually be nothing damaged at the end of the day.

In reply to Lenin:



I would have thought that made it more of the buyers problem than the sellers.

In reply to FesteringSore:

Your son, or you have 7 days with which to decide if you want to keep those goods.

After those7 days then its up to the goodwill of the retailer. Some retailers give 2 weeks.

Personally, I would not take the risk and wait that long to look inside Schroedinger's Box.

But then aren't high street shops 'Customer Returns' cues always full on Boxing Day with people brandishing unwanted gifts and Till Receipts?

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulati...

In reply to Oceanrower:

Nope. The sellers duty is to supply the goods in an undamaged condition. If they are damaged they were incorrectly packaged which is the sellers fault. If the carrier has treated the package badly, the argument goes, the seller should have chosen a better carrier (all carriers are the same), but it is the sellers fault. The carriers argument will be that if they got damaged in transit they must have been incorrectly packed. But assuming FS signed for as received in good condition, the carrier is out of the loop.
The buyer has no contractual relationship with the carrier.
But common sense tells me that people should not sign for damaged parcels as, received in good condition.

In reply to FesteringSore:

Oh FFS just open the goddamn thing and see if there is any damage. End of.

In reply to Oceanrower:
Even if you just change your mind on a whim you have 14 days (with some exceptions) to decide if you are going to return online purchases.

Tough on the sellers but reassurance and building consumer confidence is good for online sales.

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-...

In reply to All: Son has been on to seller. Apparently they are going to arrange for the parcel to be collected from us and replaced