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Please be aware we cannot accept any responsibility for lost or missing parcels

  • 08-03-2013 12:24pm
    #1
    tunedout
    Banned (with Prison Access) Posts: 448 ✭✭


    Hi, I am just wondering out of curiosity.
    I ordered a package from a website in the UK last weekend. And part of the email sent confirming was "Please be aware we cannot accept any responsibility for lost or missing parcels shipped internationally."

    I opted for the cheaper (standard) non insured post.

    So the question is does the responsibility lie with me or the seller if the item goes missing?


Comments

  • #2
    blahblah06
    Registered Users, Registered Users 2 Posts: 4,306 ✭✭✭blahblah06


    Was there an option for tracking post?
    If so you paid for the cheaper service so it would be on you I would imagine


  • #3
    tunedout
    Banned (with Prison Access) Posts: 448 ✭✭tunedout


    blahblah06 wrote: »
    Was there an option for tracking post?
    If so you paid for the cheaper service so it would be on you I would imagine

    Yes there was an option for post with tracking. and post with tracking and insurance.

    I thought there was something about the seller being responsible for it until it is delivered.


  • #4
    irishgeo
    Registered Users, Registered Users 2 Posts: 9,604 ✭✭✭irishgeo


    tunedout wrote: »
    Yes there was an option for post with tracking. and post with tracking and insurance.

    I thought there was something about the seller being responsible for it until it is delivered.

    Your covered under EU distance selling regulations. I see they are breaking a number of laws.
    1. They cant charge for insurance on the goods.
    2. They own the goods until you accept them.

    This is a from a UK Office of Fair Trading document on Distance Selling for businssess.

    http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
    Can a consumer cancel an order before they receive the
    goods or where goods are lost in transit?
    3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
    unconditional. If consumers cancel before they have received the
    goods you must refund the total price of the goods, including any
    delivery charges. Consumers who have cancelled under the DSRs
    may refuse to accept delivery of the goods. Refusal in such a
    situation cannot be treated as a breach of contract.
    3.36 Where goods are lost in transit from you to the consumer you will
    need to either send new goods or offer the consumer a full refund,
    including delivery charges. See paragraph 3.20 for more information.

    Can I charge the consumer the cost of insuring items that
    I send out?
    3.20 No. These items belong to you until they have been accepted by your
    consumer. So you cannot charge your consumers for carrying risks
    that you should bear. See paragraph 3.36 for more information.

    I'd send them an email saying that they are in breach of EU distance selling regulations by charging for insuring the goods and by stating they cant accept responsibility for goods shipped internationally.


  • #5
    tunedout
    Banned (with Prison Access) Posts: 448 ✭✭tunedout


    irishgeo wrote: »
    Your covered under EU distance selling regulations. I see they are breaking a number of laws.
    1. They cant charge for insurance on the goods.
    2. They own the goods until you accept them.

    Wow, I thought I've seen a number of website charging for insurance on the postal.

    Thanks for your information anyway.


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