Non-delivery of online order

[rifkaleah]

I have recently had a problem with an order placed online with Matalan, in that their courier, Hermes, claims to have delivered my parcel but it nevet arrived.

i notified Matalan within minuted of Hermes emailing me that delivety had been made and that I was at home and defenitely never received the parcel.

i wad told that an investigatoon needed to be opened with the courier and that i would have to wait 48 hours for this to be processed. 6 days later and no response so called Matalan for an update. Tracking informatoon states the parcel was left securely in a shed (I don't have one) and the photo shows a parcel (nothing identified it as mine) being left by a brick wall.

After escalating the matter to their head office they now want me to sign a disclaimer stating that neithe i nor a member of my household, nor a neighbour have received the parcel.

I have a couple of questions about all of this.

1. Do i have to sign this? I have issues declaring that none of my neighbours have signed for the parcel. There are 48 homes in my road. Are all of them classed as neighbours? And even if i do go and ask them all, they may lie, after all the parcel contained £130 of men's clothing..

2. I never gave permission for them to leave the parcel anywhere apart from with me. I have noticed that Matalan terms and conditions say thst their couriers can leave parcels with a neighnour or in a safe place but there is no option for me to say not to do this. Surely this is an unfair contract term as i should be afforded protection under the Consumer Rights Act 2015, as a minimum. Can anyone clarify?

Any help/ advice gratefully received

[james_law]

To start with you have to specify the safe place of which myhermes can then leave it here, so unless you notified matalan of the safe place myhermes would'nt know either.

Why do you have issues declaring that none of your neighbours have signed for it? They either have or they have not. If they have find the person who did and retrieve the parcel. It would be noted where it was left and the surname of who signed, the house it was left at will be communicated to you on a piece of paper left by myhermes to say thats what they have done.

What they may think is a safe place is not a safe place for you. This safe place needs to be specified by you and pre authorised by you. It would not be classed as an unfair term.

[rifkaleah]

Thanks James, but i don't think you quite got my point.

Hermes believe they have delivered to my address having left the item in my shed. Problem is i don't have a shed and the parcel is nowhere on my property. There is no card saying it was delivered elsewhere. In fact tgey have provided a photo showing the parcel being left by a brick wall somewhere.

Therefore my issue with declaring that none of my neighbours have got it ie it was deluvered to the wrong house, is that i can't possibly know that for sure. The item was not signed for so there is no name to go on either.

As to stipulating a safe place there is no option to give any delivery instructions as part of the checkout process. I have to tick a box to agree to their terms and conditions though, which includes a clause saying that they can leave the parcel either with a neighbour or in a safe place, wholly at the courier's discretion. Without an option to say otherwise, surely this is an unfare contract term as it reduces my protection under the Consumer Rights Act 2015

[des8]

The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.
CRA 2015 sec 28 (2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.
This means that retailers are liable for the service provided by the couriers they employ - the delivery firm is not liable.

Matalan's T&Cs say "with neighbour or safe place".
Hermes admit they did not leave it with a neighbour, but in a safe place which apparently is not identified.
Hardly safe!

Tell Matalan to remove digit and deliver items within 7 days (or whatever suits you).
Warn them that if delivery to you (not neighbours or safe place!) is not performed you will treat the contract as at an end and require reimbursement without undue delay..
This is as per cRA 2015 sec 28

[rifkaleah]

Thanks Des8, that's some really helpful information.

As it happens the ordered goods were for an event and as they didn't arrive in time we had to purchase elsewhere.

Matalan have agreed to a refund but only if I sign this declaration as previously described.

Under CRA can they insist I sign the declaration or can i refuse and insist they refund me as it's not my job to prove non-delivery, it's their job to prove it?

[rifkaleah]

Also, is it considered that I agreed to them being able to leave the parcel in a safe place or with a neighnour simply by me clicking that I agree to their terms and conditions. After all, I had no choice if I wanted to complete the order.

Hence my concern that this is an unfair contract term with the seller having all the power and the customet not having the opportunity to assert their CRA rights

[des8]

The onus is on Matalan to prove you received the items, so tell them to make that refund or face a court claim.
.You have no intention of canvassing all your neighbours.
Give them a reasonable deadline, and tell them that if it is not met you will initiate a court claim without further reference to themselves

[SnigMonis]

In such a situation you should call the customer service or the company that delivers your parcel and ask them why the parcel isn't arriving. But first of all, you should check the status of your parcel on the international package tracking system, to see what can be the problem, and why it didn't arrive. If there is written that it is delayed you will just need to wait for more, but if there will be written that it is lost, you will need to call the customer service and they will make you a replacement of the order, or a refund of the money if you want.