Any experts in consumer law?
Discussion
Amazon order delivered to collection point, local post office
Post office burgled, they have video of scrotes making off with all the amazon parcels
Amazon washing their hands: claim off the Post Office
Post Office: only the sender can claim for an undelivered package
What’s the legal situation?
Post office burgled, they have video of scrotes making off with all the amazon parcels
Amazon washing their hands: claim off the Post Office
Post Office: only the sender can claim for an undelivered package
What’s the legal situation?
amazon's responsibility is to deliver to their destination...
if that is your house then they have failed and need to redeliver...
if it is the post office, from which you will collect, then they have met their requirements and the post office in their responsibility as a collection point have a duty of care to their customers, you, and need to sort it out...
if the destination was the post office, then this has nothing to do with claiming as sender, PO = liable
if the destination was your house and the PO was a stage of the journey, then Amazon are liable
if that is your house then they have failed and need to redeliver...
if it is the post office, from which you will collect, then they have met their requirements and the post office in their responsibility as a collection point have a duty of care to their customers, you, and need to sort it out...
if the destination was the post office, then this has nothing to do with claiming as sender, PO = liable
if the destination was your house and the PO was a stage of the journey, then Amazon are liable
mikef said:
Dave - sadly it was on a debit card
AKirk - thanks, is this the legal position? If so, not sure how to address with the PO, as they have only provided a claim form for the sender...
as far as i know, i am no lawyer!AKirk - thanks, is this the legal position? If so, not sure how to address with the PO, as they have only provided a claim form for the sender...
the PO is probably used to acting as a halfway house for sender to recipient, however, if they have accepted delivery of your parcel as the recipient, for you to collect then they are simply acting as a collection post, not the PO, so you need to ask them to supply you with the parcel which they signed for / received... different approach to their being royal mail...
Amazon have upheld their part of the deal to be fair.
The theft should be covered by the post office's insurance so the claim should be made via them.
How much is the item worth / is it difficult to replace. May be worth pursuing a claim on-line if the post office are being difficult.
The theft should be covered by the post office's insurance so the claim should be made via them.
How much is the item worth / is it difficult to replace. May be worth pursuing a claim on-line if the post office are being difficult.
This boils my blood.
As an amazon seller, let me assure you that if that was us that had dispatched the item they would just charge back our account and refund you immediately....
....when they dispatch it seems as though the situation is somehow different....
Amazon is an interesting business. Every customer of theirs loves them. Every single supplier to them that I have ever met hates them with a passion but feels they have no choice but to be on there.
As an amazon seller, let me assure you that if that was us that had dispatched the item they would just charge back our account and refund you immediately....
....when they dispatch it seems as though the situation is somehow different....
Amazon is an interesting business. Every customer of theirs loves them. Every single supplier to them that I have ever met hates them with a passion but feels they have no choice but to be on there.
I get where you're coming from but Amazon's responsibility has to stop somewhere.
The item was delivered, the service that was paid for. It was then stolen.
If it had been delivered to the purchasers house. signed for, taken in, but then he was burgled and it was stolen would you be going beck to amazon for a refund?
The item was delivered, the service that was paid for. It was then stolen.
If it had been delivered to the purchasers house. signed for, taken in, but then he was burgled and it was stolen would you be going beck to amazon for a refund?
hornmeister said:
If it had been delivered to the purchasers house. signed for, taken in, but then he was burgled and it was stolen would you be going beck to amazon for a refund?
That's the difference though. His contract is with Amazon, not the post office. Amazon should refund/replace the item and sort it out with the RM. The OP has no contract at all with RM, they're a sub-contractor for Amazon. If you buy something from Amazon and it never arrives, they don't say "Well we sent it with DPD, so take it up with them." They replace the item right away and deal with DPD themselves. mikef said:
Dave - sadly it was on a debit card
AKirk - thanks, is this the legal position? If so, not sure how to address with the PO, as they have only provided a claim form for the sender...
If you want to look at the chargeback route, speak to your bank.AKirk - thanks, is this the legal position? If so, not sure how to address with the PO, as they have only provided a claim form for the sender...
I recently spoke to mine about some money spent at "Pledgemusic" - who appear to have run off with loads of people's money.
I paid on Debit Card, around £30.
Spoke to First Direct and they said that as long as it was within 60 days they could complete a chargeback on a debit payment.
(as it turned out I was well outside those 60 days, but First Direct refunded me anyway as a goodwill gesture, which is why I have done and always will recommend First Direct as the bank to use)
Jonno02 said:
hornmeister said:
If it had been delivered to the purchasers house. signed for, taken in, but then he was burgled and it was stolen would you be going beck to amazon for a refund?
That's the difference though. His contract is with Amazon, not the post office. Amazon should refund/replace the item and sort it out with the RM. The OP has no contract at all with RM, they're a sub-contractor for Amazon. If you buy something from Amazon and it never arrives, they don't say "Well we sent it with DPD, so take it up with them." They replace the item right away and deal with DPD themselves. This is the same as buying something from Amazon but having it delivered to work for example and then your place of work is robbed overnight - not Amazon's fault.
Jasandjules said:
mikef said:
Have taken it up with Amazon, they are sticking to their posture
I’d like to understand the legal position
You have a contract with Amazon to deliver an item to you. They have not done so. That is the end of the matter.I’d like to understand the legal position
It might have been on PO premises, but it was still under the control of Amazon inside their lockers.
Amazon might pay the PO money to site their lockers there, as they do with other shops, but they are still lockers that are owned and operated by Amazon.
I'd say it was still Amazon's responsibility. The parcel was still under Amazon's control when it was stolen. Just because the Amazon locker was inside a PO isn't likely to legally change that unless the PO signed a contract stating that they are responsible for parcels in the locker/security. There are Amazon lockers that are outside on the street.... would Amazon consider it not their responsibility if your parcel was stolen from there?
I'd speak to your bank about a chargeback. You don't have the same protections as with a credit card, but it is sometimes possible.
Amazon might pay the PO money to site their lockers there, as they do with other shops, but they are still lockers that are owned and operated by Amazon.
I'd say it was still Amazon's responsibility. The parcel was still under Amazon's control when it was stolen. Just because the Amazon locker was inside a PO isn't likely to legally change that unless the PO signed a contract stating that they are responsible for parcels in the locker/security. There are Amazon lockers that are outside on the street.... would Amazon consider it not their responsibility if your parcel was stolen from there?
I'd speak to your bank about a chargeback. You don't have the same protections as with a credit card, but it is sometimes possible.
spookly said:
I'd speak to your bank about a chargeback. You don't have the same protections as with a credit card, but it is sometimes possible.
Doing chargebacks isn't as straightforward as people on here often say - banks & card companies are reluctant and even if they agree they'll recharge you if the sender puts up a reasonable response.This sounds like the PO are handling the situation incorrectly, in assuming the package is lost in the mail system. Could be their procedures haven't caught up with 'collection points'.
As for the legal position - most legal things are a matter of opinion and turn on the facts of the case. It's rare things are black and white.
spookly said:
It might have been on PO premises, but it was still under the control of Amazon inside their lockers.
Amazon might pay the PO money to site their lockers there, as they do with other shops, but they are still lockers that are owned and operated by Amazon.
I'd say it was still Amazon's responsibility. The parcel was still under Amazon's control when it was stolen. Just because the Amazon locker was inside a PO isn't likely to legally change that unless the PO signed a contract stating that they are responsible for parcels in the locker/security. There are Amazon lockers that are outside on the street.... would Amazon consider it not their responsibility if your parcel was stolen from there?
I'd speak to your bank about a chargeback. You don't have the same protections as with a credit card, but it is sometimes possible.
Was it in a locker?Amazon might pay the PO money to site their lockers there, as they do with other shops, but they are still lockers that are owned and operated by Amazon.
I'd say it was still Amazon's responsibility. The parcel was still under Amazon's control when it was stolen. Just because the Amazon locker was inside a PO isn't likely to legally change that unless the PO signed a contract stating that they are responsible for parcels in the locker/security. There are Amazon lockers that are outside on the street.... would Amazon consider it not their responsibility if your parcel was stolen from there?
I'd speak to your bank about a chargeback. You don't have the same protections as with a credit card, but it is sometimes possible.
My local Post Office Amazon collect parcels are just held behind the counter not in an Amazon locker.
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