hello all & please somebody help

[ejh1978]

I made an online order for £120 with sports direct last Monday. On Friday yodel tried to deliver my parcel whilst I was at work, my partner+son or my 3 dogs never heard the door so my parcel was delivered to my neighbour who signed for this, and a card was posted through my door informing me of this. When I came home a couple of hours later I decided to go to my neighbours who had only moved in 2 days previous and introduce myself as well as retrieve my parcel. Nobody was home or so I thought but no sooner had I shut my door I heard their door slam so I looked out of my window to see one of the men that lives there quickly walking down the street. My partner had just arrived home from work when the other man was in the front garden so he asked about the parcel only to be told they couldn't find it so giving them the benefit of the doubt (newly moved in, boxes everywhere etc)my partner said he would call back in the morning. When he called in the morning he was told that the parcel had been stolen from there house! To my partners astonishment the house has nothing in it no furniture or belongings. We now decided to contact sports direct who informed us that it is responsibility to get my parcel from the neighbour, as in their T+C it states once items have been dispatched it is not their responsibility. Yodel told us it was sports direct responsibility to investigate this and either refund or replace. Another argument with sports direct an still getting nowhere so I phoned the police. When the police came they paid a visit to the neighbours, 30 mins later and they emerged with one of the men in handcuffs an slung him in the van. Police said the house looks like nobody lives there and can't understand anybody leaving a parcel with people in an empty house with a to let sign outside added with the fact that the people in the house don't look trustworthy in the slightest. Turns out he admitted signing for my parcel and then sold the contents for £20! Due to the bank holiday weekend I had to wait til today to contact anybody again. First was sports direct who are still adamant they have fulfilled their contract so basically they ain't going to replace the items. I also rang citizens advice consumer advice who informed me that sports direct have breached their contract as the goods were not delivered to my address. Another phone call to sports direct with new information but same reply "They have fulfilled their contract by dispatching the goods, what happens after that is nothing to do with Them". Can somebody please help I'm pulling my hair out and I'm £120 down. Why should I have to pay for this, I didn't ask my items to be delivered elsewhere and I certainly didn't ask it to be handed to what looks like squatters.

[MissFM]

Re: hello all & please somebody help

Hello ejh1978 and welcome to Legal Beagles!

FWIW, I agree with you entirely - sports Direct and Yodel have no business delivering your goods to random scallies. A more knowledgeable Beagle will no doubt be able to tell you what to do next.

[labman]

Re: hello all & please somebody help

Tricky one this.

Sports Direct T&C's state:

How the contract for the goods is formed between you and us

After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been despatched (by us for UK orders or by Etail Services Limited for overseas orders For UK orders (i.e. orders to be delivered to a UK address), once we accept your order, a contract to purchase and deliver goods takes effect between you and SportsDirect.com Retail Ltd. For overseas orders, once we accept your order, a contract to purchase the goods from SportsDirect.com Retail Ltd, and (if you have selected the overseas delivery option with Etail Services Limited) a contract to deliver the goods to you takes effect between you and Etail Services Limited (please refer to Overseas Delivery below).

The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the despatch of your goods (by us for UK orders or by Etail Services Limited for overseas orders) has been confirmed in a separate confirmation email.
You will not be charged before we (or, for overseas order, Etail Services) despatch the goods; however upon receipt of your order we will create an authorisation.

Does this mean 'deliver to your address?' They go on to state:

Couriers will require a signature to ensure safe receipt of your goods. If you are not available to collect and sign on the courier’s first visit they may leave it with a neighbour, or in a safe place (i.e. hidden from sight and protected from the rain). A calling card will be posted through your door to let you know this has been done.

Can they insist you accept this as part of their contract? It is stated in their T&C's, so IMO, quite possibly.

Yodel's T&C's state:


Can my parcel be left with a neighbour or in a safe place at my property?

If the sender hasn't requested a signature, our driver can attempt to leave your parcel in a safe place. To protect the safety of your goods we have certain guidelines in place as to what counts as a 'safe place'. For example, in or around waste bins is not permitted.
If this happens, our driver will post a card through your door to let you know where the parcel has been left.
So if you're expecting a parcel, remember to check safe areas like sheds and porches before getting in touch with us.
Where the sender has requested a signature, our driver may, for your convenience, attempt to leave the parcel with a neighbour if you are not in.
If this happens, our driver will post a card through your door to let you know where the parcel has been left.
Where senders stipulate that the parcel can only be delivered to the address, our drivers are unable to leave parcels with a neighbour. In these situations a card will be left so you can get in touch with further instructions.

My personal view is that the companies have probably covered themselves (though I agree this stinks!). I think your issue may best be pursued via the police for theft.

I've looked briefly through the SOGA Hub DSR's and associated legislation, but the contract is clearly formed, and I'd guess it said 'subject to our Terms and Conditions.'

I'd be delighted, for your sake, to be proven wrong, and in any case would send an email to Sports Direct:

Chief Executive: Dave.Forsey@sportsdirect.com

Owner: Mike.Ashley@sportsdirect.com

I hope this gives you a way forward, if not a definitive answer.

[Driver26]

Re: hello all & please somebody help

Hello EJH1978. When you order anything, be it online or any other means and pay for the goods, you form a contract between yourself and the supplier. Sports Directs' part of the contract is to deliver the goods to YOU. They use different couriers, usually depending on size, weight, cost etc, to send it as cheaply as possible. It was not your decision to use Yodel versus any other company. Virtually all couriers try to leave items at the earliest opportunity, with neighbours, in blue bins, sheds, whatever. That is not your problem. The onus here is with Sports Direct who have failed so far to deliver goods you have paid for. Labman is correct, its tricky, but Yodels' policies are not your concern. You are still waiting for goods you ordered from Sports Direct. Don't phone or deal with the courier, its nothing to do with you. Tell Sports Direct to refund your money as they have failed to deliver your order. I've read through the the T&C's posted by Labman & IMO, SAFE RECEIPT is the key. RECEIPT, you've not received it. When you call them next I would simply tell them they've breached the contract that ensured safe delivery of your order and threaten to sue them for your distress and costs

[labman]

Re: hello all & please somebody help

Can you give a link to the T&C's which talk about Safe Receipt please. I had a problem finding the ones relating directly to this issue lol! My incompetence.

A link would be much appreciated. I would love to be proven wrong as I said, but I never believe things until I see them with my own eyes.

[labman]

Re: hello all & please somebody help

Well I've had a pm from Driver 26 following my question above for a link to the T&C's. He refers me in the pm to the Which? website (I'd actually already read it!), NOT the T&C's from which I posted which were from the companies in question. This is what the Which? website says:

Leaving a parcel with a specific neighbour

If so, and the parcel is delivered to them, the seller is not responsible for sorting this out.
In this instance we would recommend contacting Which? Legal Services for tailored advice on what action you should take.


If you agree more generally that your parcel can be left with a neighbour without specifying which one, then in practice you’ve said you are happy for anyone in close proximity to your home to accept delivery on your behalf.
There’s no legal definition of a 'neighbour' but dictionary definitions suggest it is someone that lives very close to you (Cambridge dictionary) or someone that lives next door or very close to you (Oxford dictionary).
So if your parcel is left with someone 10 doors away, you could also argue that by definition a neighbour is not someone that lives this far away. In this instance you could argue that delivery has not taken place and that the seller is in breach of contract.
You could also argue this if, for example, you live at 5 Friendly Street and agreed that your parcel could be left with 7 Friendly Street, but it was left with a different neighbour.



(http://www.which.co.uk/consumer-righ...ies-having-it/)

Diver 26 also states they work in the courier trade and understand the business.

It makes me glad I question and don't blindly accept, as the post was not, in my opinion, an accurate reflection of what Driver 26 had actually done.

[Driver26]

Re: hello all & please somebody help

ejh states that it was not agreed to leave the items at a different address. I maintain the order is still undelivered by Sports Direct. I shall try and research this further.

[labman]

Re: hello all & please somebody help

Great, and I hope you prove me wrong. Please ensure the answers are 'checkable' though, as people may act on them, and the OP could have ended up trying to sue Sports Direct as a result of the previous post.

The T&C's are a pain to find, as is the law relating to this. There's about 7 - 10 separate pieces of legislation which could potentially cover it, and the main ones refer to the contract being formed, delivery, but not the bit in between.

It may be possible, thinking as I type, that the Unfair Terms legislation may cover something, but then nobody forced the OP to agree to the contract.

[charitynjw]

Re: hello all & please somebody help

Hi,

The OP may be able to cancel the order via the Distance Selling Regulations.

The Regulations are pretty complicated, but this seems interesting

How and when you must supply written and additional information

Under the DSRs, you must supply the written and additional information in a durable medium before the conclusion of the contract, or in ‘good time’ afterwards during performance of a services contract, or, at the latest, at the time of delivery of goods. Information is said to be received in good time if customers have sufficient time to act on it when they receive it, for example, to enable them to exercise their right to cancel.
If you provide pre-contractual information in a form that does not allow it to be stored or reproduced by the customer, such as during a phone call or on a website, then you must confirm in writing, or in another durable medium.
You do not have to send your customers additional information if you have already given it to them, for example, in a catalogue or in another durable medium such as a print advertisement that you have sent to them.

See http://dshub.tradingstandards.gov.uk/dsrexplained

[labman]

Re: hello all & please somebody help

Yes, I contemplated that, alongside what they state as the forming of a contract being when they accept the order. I assumed (possibly incorrectly) an email would have been sent at that time and that would be a durable medium.

Definitely worth exploring.

[Driver26]

Re: hello all & please somebody help

Check out UK business Forums for more info on this topic. I could be being a bit bull-headed on this, but I'm still sure until the goods are with the buyer, they're unsold

[labman]

Re: hello all & please somebody help

You carry on. I'm on the side of the consumer!

[charitynjw]

Re: hello all & please somebody help

Check out UK business Forums for more info on this topic. I could be being a bit bull-headed on this, but I'm still sure until the goods are with the buyer, they're unsold

Insuring items

You cannot charge the customer the cost of insuring items that you send out. These items belong to you until they have been accepted by your customer, so you cannot charge your customer for carrying risks that you should bear.
http://dshub.tradingstandards.gov.uk/dsrexplained

[charitynjw]

Re: hello all & please somebody help

Re the 'safe receipt' problem.

I would imagine that the clause concerning delivery in another safe place would be an alternative to the given delivery address.
As the given address was, according to the OP, occupied (and presumably this would be suitably witnessed), and the actual place of delivery was in a state of flux (likewise witnessed?), it would appear to me to be an unwise choice.
However, every case turns on it's own facts, so it would be either mediation or court, I suppose.

[labman]

Re: hello all & please somebody help

I still think an email to the relevant people first would be worthwhile. There is nothing to lose pursuing that route, but everything to gain. :beagle: