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"I've got a good idea, let's put it in the bin..."

Steve Maskery

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I'm going to the UK for a wee while starting next week. I shall be staying with a friend in Mansfield, so I've ordered a few things online to be delivered to Irene.
I didn't realise that she was jetting of to Spain for a week, so when things arrived, she wasn't at home. Well the neighbours had two of the packages, but the third, 2.5l of floor varnish, was nowhere to be seen. The tracking info said that it had been received by "Steve". Well it wasn't me and none of the neightbours are called Steve.
So I contacted the seller (on eBay) and asked what had happened to it. Apparently the delivery person, when they found out that the place was empty, decided to dump it in the bin, take a photo to prove it and then went away without putting a card through the door to say "Hey, look in your bin!"
You can see where this is going, can't you?
The bin got emptied, my package is in a tip somewhere and I have no varnish. The vendor hasn't got the service from DHL that they bought and neither of us is happy with the situation.
My contract is with the vendor, the delivery is a contract between the vendor and DHL. What happens now?
S
 
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You’re right Steve, the vendor is legally responsible for ensuring your goods reach you. They should reimburse you or replace the item and it’s up to them to claim from DHL.
 
The practice over here is that they will hand it off to whoever, take a pic thus confirms delivery. Or pass it over or through a gate if no one is home.
 
The practice over here is that they will hand it off to whoever, take a pic thus confirms delivery. Or pass it over or through a gate if no one is home.
They normally do something similar here, but occasionally you get someone who thinks they can come up with their own "safe place". We had someone put a parcel in the bin once but thankfully we were in (why they didn't knock on the door is beyond me, but it seems quite common) and saw the "it's been delivered" photo arrive and could go out and get it out of the bin.

We complained to the courier company that it was a damn stupid thing to do, but never got a response.
 
My contract is with the vendor, the delivery is a contract between the vendor and DHL. What happens now?
With a distance sale, the goods, and the risk, belong to the seller until they are delivered to the named recipient or their named representative. The seller owes you a tin of varnish or a refund, and the rest of it is between them and DHL.
 
DHL have major issues. Our DPD Local asked a recruitment company for 10 drivers. They only came up with 2. That explains why a package for the missus was You are 34th…undelivered….then 40th next day….then 60th…94th. And then when the driver finally came they found the track blocked by the f******* c**** putting in a fire alarm system next door. But that is another unresolvable situation….well we shall see. I can play dirty. And will.
 
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