Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Nickbat on 25 October 2012, 12:00:11
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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? ???
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Do they have proof of posting?
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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.
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Do they have proof of posting?
It was sent 1st class, but not recorded as far as I know.
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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
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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.
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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.
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I've just sent another headlight level sensor after one went missing in the post. It only takes one complaint to ruin things :'(
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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