Delivery - Legal Definition

[Mp1226]

Hi, I bought an item by mail order. The seller’s courier left the item in the communal area of my block of flats whence it disappeared. I’m pretty sure that doesn’t meet the definition of ‘delivery’ so it was stolen from them, not me, but I need the relevant law.

[Mp1226]

For clarification, I didn’t, for example, nominate it as a ‘safe place’ or otherwise encourage them to leave it there.

[Pezza54]

You should inform the seller what happened. The seller has a contract with the courier and may have taken out insurance to cover events such as this

If there isn't anyone to answer the door a lot of the time, you could arrange for the item to be delivered elsewhere, pay extra for a named delivery time or consider a safe pick up point

[Mp1226]

I did contact them. They refused a refund as they say it was delivered. It seems we have different concepts of the word ‘delivered’, hence the need for the legal definition.

[Pezza54]

When you say a communal area do you mean outside your front door in a communal walkway or on the ground floor in the entrance hall?

[Pezza54]

The legal definition of "delivery" is the voluntary transfer of possession from one person to another. (Sale of Goods Act 1979)
The retailer is responsible for ensuring you took possession of the goods
This didn't happen. Don't accept the seller's argument that the goods were delivered. They weren't

[Mp1226]

I meant in the communal entrance hall, by the door to the street. My flat is 2 floors up.

[Pezza54]

That's even worse than left outside your front door, which still wouldn't count as delivered

[Manxman]

Hi, I bought an item by mail order. The seller’s courier left the item in the communal area of my block of flats whence it disappeared. I’m pretty sure that doesn’t meet the definition of ‘delivery’ so it was stolen from them, not me, but I need the relevant law.

I'd suggest what you are looking for is "passing of risk" rather than "delivery".

s29(1) and (2) of the Consumer Rights Act 2015 say:


"29 Passing of risk


(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader's risk until they come into the physical possession of—

(a) the consumer, or

(b) a person identified by the consumer to take possession of the goods."


Leaving a package in a communal entrance hall two floors below your flat is not delivering it into your "physical possession".

But note that if the courier (a) is one you selected yourself and (b) is not given as an option by the seller, then it is your responsibilty from the time that the seller has handed the package over to your chosen courier. See s29(3) and (4).

[atticus]

Was the price £100 or more and did you pay by credit card?