|
mx5tom
Original Poster
403 posts
42 months
|
Wasn't sure whether to post this in the Business sub-forum or here, but as it relates specifically to law it seems a better fit here. Just a quick question regarding Distance Selling Regulations (from the point of view as a seller): If I send an item, and it is lost or damaged during transit, it's my understanding that it is my responsibility to refund the buyer as their contract is with me. I then have to claim for the loss from the postage company. My question relates to postage insurance... The customer has the option to choose 'Standard Delivery' which the Royal Mail insures up to a value of £46.00, or Special Delivery with a much more reasonable max insurance of £2,500. Am I perfectly within my rights to say to a buyer that I will only refund them up to the maximum value covered by the insurance provided by the postage option they chose? Secondly, I've read that certain products, i.e. perishable items, are partly exempt from the Distance Selling Regs. Royal Mail requires such items to be sent via a service that delivers the product in a max of 48 hours (and packaged appropriately). I've limited the shipping options for such products to Next Day Delivery, which covers that issue. Regarding refunds if there is a problem with the item, am I within my rights as a seller to tell a buyer that I won't accept refunds due to the condition of an item if they have missed the original delivery? Specifically I'm talking about specialty meats here. It seems to be common sense that if they miss a delivery and the meat goes off, that's not my problem. But just wanted to check... I'd appreciate some advice, thanks in advance 
|
|
|
defblade
2,789 posts
82 months
|
mx5tom said: My question relates to postage insurance... The customer has the option to choose 'Standard Delivery' which the Royal Mail insures up to a value of £46.00, or Special Delivery with a much more reasonable max insurance of £2,500. Am I perfectly within my rights to say to a buyer that I will only refund them up to the maximum value covered by the insurance provided by the postage option they chose? No, it's your risk, not theirs, until it's delivered. Choice of insurance is 100% down to you. Not so sure about the other question - I can forsee many grey areas, especially given the general reliability of all postal/courier services ("Oh yes, we definately tried to deliver yesterday, there was no one home. Oh, and can you tell us where your house is, please?" to paraphrase a chat I had the other day...)
|
|
|
mx5tom
Original Poster
403 posts
42 months
|
Okay, fair enough. That can be worked around by requiring a different delivery method (with suitable insurance) if the order is over that amount. Regarding the perishable deliveries: I don't think I mentioned but the service would be tracked. So presumably, I would have a record via the Royal Mail (or other courier) that they tried to deliver on a certain date at a certain time, and then the actual time the delivery was either successfully made, or the customer picked the package up from a depot. My thinking is, so long as the item(s) are packed to endure a journey of 48 hours (as per RM guidelines), if the delivery is made after that time then it's not my fault if it's gone to s  t... If that's due to the customer missing a delivery, their problem. If it's due to a delay in the (guaranteed 24 hour) postage, then I offer a refund and claim back the value from the courier.
|
|
|
Lurking Lawyer
3,514 posts
94 months
|
defblade said: No, it's your risk, not theirs, until it's delivered. Choice of insurance is 100% down to you. Not necessarily. If the OP had T&Cs incorporated into the contract of sale which stated that liability for loss or non-delivery is limited to the statutory compensation offered by RM, unless the customer elects to pay more for the enhanced protection provided by Special Delivery, that may do the job. It may still fall foul of the Unfair Contract Terms Act, which limits the ability to exclude liability, but one of the tests that it is applied to work out whether an exclusion clause is reasonable is the ease with which the risk could ahve been insured against. If the buyer could have paid an extra £5 to get the extra insurance with SD, that's a point in the OP's favour in my view.
|
|
|
timskipper
1,201 posts
135 months
|
Do not under-estimate the stupidity of the online buying public!
Example: We off a next working day service, free of charge, as standard. (friday night, 9.30pm) "If I order now will it be delivered on Sunday?".
See also (monday lunchtime) "I ordered on Sunday, where's my parcel? It says next working day".
There's a very comprehensive government micro-site about DSR, worth looking it up.
|
Advertisement
|
|
|
marshalla
8,026 posts
70 months
|
|
|
Mojooo
7,296 posts
49 months
|
mx5tom said: My question relates to postage insurance... The customer has the option to choose 'Standard Delivery' which the Royal Mail insures up to a value of £46.00, or Special Delivery with a much more reasonable max insurance of £2,500. Am I perfectly within my rights to say to a buyer that I will only refund them up to the maximum value covered by the insurance provided by the postage option they chose?
Secondly, I've read that certain products, i.e. perishable items, are partly exempt from the Distance Selling Regs. Royal Mail requires such items to be sent via a service that delivers the product in a max of 48 hours (and packaged appropriately). I've limited the shipping options for such products to Next Day Delivery, which covers that issue. Regarding refunds if there is a problem with the item, am I within my rights as a seller to tell a buyer that I won't accept refunds due to the condition of an item if they have missed the original delivery? You can add extra terms into any distance/consuemr contracts but they must not conflict with the protection offered by the DSR or with Unfair Contracts Terms elgislation. The first question will almost certainly not be allowed - i.e it is your problem until the goods are delivered. Second question. You can add this terms but could cause you problems over disputes about whose fault it was delivery was not made. Are the items cancellable udner the DSR or not? if they are then technically the customer could cancel regardless of whether they accepted or not
|
|
|
7db
5,533 posts
99 months
|
I think you need to be clear with the buyer, but meat sounds like a perishable fresh good to me. Does it go off in 7 days?
In this case it doesn't matter what RM says - you can claim exemption from DSRs and set your own cancellation / postage insurance / etc terms in the contract. The implied terms aren't there.
|
|
|
Mojooo
7,296 posts
49 months
|
If the DSR doesnt apply you will still need to consider the Sale of Goods ACt which talks baout title and ownership and risk.
Generally speaking the risk doesnt pass to the consumer until they have possesion of the item (which can be distict to ownership). Presumably you might be able to ocntract out of this. But putting in someform of blanket terms like once its otu of our hands its your problem might be an unfair term. specifying that they must accept delivery should be reasonable
ebar in mmind if you did put in such a term you leave yourself open to being pursued for rbeach fo contract if you dont deliver when someone has stayed in
its also a term i woudl expect to be amde black and white BEFORE ordering (so as not to breach msielading marketing legislation)
|
|
|
mx5tom
Original Poster
403 posts
42 months
|
Thanks for all the advice. Quite a bit of a headache for what should just be very simple terms.  Any terms set would have to be explicitly agreed to before the order is placed. I.e. Customers have to tick they have read the terms and conditions, where all of this is set out. A link to it is also available on every page on the website. As for how long it lasts before going off, I'm not sure. I'm setting up the site for a client and said I'd help in finding out about the terms and conditions, etc. The only information I've found regarding perishable items is from the Royal Mail guidelines on sending restricted goods, which stated the 48 hour rule (amongst some other conditions regarding packaging). I also found some info regarding the DSR from various websites that stated that such items were part-exempt. I'll have a look at the two websites listed above for some more advice. Thanks again
|
|
|
Chris_
412 posts
75 months
|
Have you looked at the T's & C's of the competition? There are a number of companies doing this sort of thing. Presumably, they must have had to deal with this situation in their small print.
|
|
|
Mojooo
7,296 posts
49 months
|
can you tell us esactly what the items are so we can tell whether they are exempt from the DSR or not?
|
|
|
mx5tom
Original Poster
403 posts
42 months
|
Chris_ said: Have you looked at the T's & C's of the competition? There are a number of companies doing this sort of thing. Presumably, they must have had to deal with this situation in their small print. No, though that would be a good idea. The site isn't live yet and won't be for a couple of weeks, so no immediate rush. After I couldn't find anything (much) from a quick Google search my first thought was to ask PH. :P As for the items, it's a delicatessen, so things such as fresh meat and fish.
|
|
