Omega Owners Forum

Chat Area => General Discussion Area => Topic started by: Nickbat on 25 October 2012, 12:00:11

Title: Who is liable for non-delivery?
Post by: Nickbat on 25 October 2012, 12:00:11
If you buy something over the phone (as I did last week) and it doesn't show up, is the seller liable to send you a replacement?  ???
Title: Re: Who is liable for non-delivery?
Post by: Varche on 25 October 2012, 12:17:03
Do they have proof of posting?
Title: Re: Who is liable for non-delivery?
Post by: Gaffers on 25 October 2012, 12:18:23
The laws on distance selling put the onus on the seller to ensure the delivery takes place.  That means getting it to your front door.  Their responsibility does not end once they send it.
Title: Re: Who is liable for non-delivery?
Post by: Nickbat on 25 October 2012, 14:25:52
Do they have proof of posting?

It was sent 1st class, but not recorded as far as I know.
Title: Re: Who is liable for non-delivery?
Post by: Nickbat on 25 October 2012, 14:26:18
The laws on distance selling put the onus on the seller to ensure the delivery takes place.  That means getting it to your front door.  Their responsibility does not end once they send it.

Thanks, Guffer. That's a great help. :y
Title: Re: Who is liable for non-delivery?
Post by: geoffr70 on 25 October 2012, 17:14:49
Yeah the way I understand it in common law is that you might be paying for the delivery, but the contract to deliver it is between the seller and whatever courier/postal company they use. So if it's not delivered it's down to them to chase up not you. Many sellers will try to pretend the opposite, particularly on the likes of eBay. Also, if it's not delivered, they haven't fulfilled their role on the contract, whereas you have (paid). Down to them.
Title: Re: Who is liable for non-delivery?
Post by: TheBoy on 25 October 2012, 18:36:35
Yup, lays with seller. Up to them to chase it with their delivery agent, although I believe you have to give them reasonable time to do so.

It will be covered under Distance Selling Regulations.
Title: Re: Who is liable for non-delivery?
Post by: Elite Pete on 25 October 2012, 18:50:17
I've just sent another headlight level sensor after one went missing in the post. It only takes one complaint to ruin things :'(
Title: Re: Who is liable for non-delivery?
Post by: RobG on 25 October 2012, 19:49:50
I've just sent another headlight level sensor after one went missing in the post. It only takes one complaint to ruin things :'(
For an extra 85p or so send it "recorded" then at least you can claim compo if it gets lost