Pete Biggs said:Chris Hills said:OP said it was sent first class, which isn't recorded.
It can be (for 58p extra), but wasn't in this case according to the OP.
Quoted message said:I would be
rather angry with their response, as it is their duty to ensure the
goods arrived. From their response it sounds as though they are
trying to get away with it. I would write them a letter, and if they
don't send a timely reply, go to small claims court.
It is not the retailer's duty to ensure the goods arrive. The goods legally
become the buyer's property the moment they are posted. It's about
"transfer of title", iirc.
From DTI Distance Selling Regulations:
"Q8. What can I do if I don't receive my goods?
If no date is specified, delivery of goods or the start of performance
of a service must be within 30 days of the order. If they don't arrive
you are entitled to cancel the order and receive a full refund.
Consumers purchasing goods over the value of £100 in the UK are
protected by Section 75 of the Consumer Credit Act 1974, if the seller
fails to honour the contract consumers may claim costs from the credit
card company. The Office of Fair Trading publishes ‘‘Equal Liability’’
which gives more details. This does not apply to overseas credit card
transactions.
According to the Sale and Supply of Goods to Consumer Regulations 2002
the goods remain at the seller’s risk until they are delivered to the
consumer. Thus the supplier is liable should the goods not arrive. "
If the OP used credit card, and the supplier won't play ball, then as
the cost to the OP was over 100 GBP, then I'd offload the problem to
them rather than going the small claims route. One reason to always use
a CC for mail order.
--
AndyM