P
Pete Biggs
Guest
Chris Hills wrote:
> Pete Biggs wrote:
>> 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.
>
> Wrong, it is the responsibility of the seller to ensure the goods are
> received. Ask a solicitor, or look on the DTI website.
OK, this info on the Trading Standards site contradicts what I said:
"OTHER LEGISLATION AFFECTING CONSUMER CONTRACTS
Loss or damage in transit
If the trader arranges for goods to be delivered to a consumer, the goods
remain at the trader's risk until delivery. It is, therefore, the trader's
responsibility to ensure that goods are not lost or damaged in transit,
and/or to take out appropriate insurance. It follows that optional postal
insurance should never be offered to consumers."
> What on earth made you think that?
Some interpretation of the Sale of Goods Act.
Perhaps it was this bit (?):
"18......
Rule 1.-Where there is an unconditional contract for the sale of specific
goods in a deliverable state the property in the goods passes to the buyer
when the contract is made, and it is immaterial whether the time of payment
or the time of delivery, or both, be postponed. "
~PB
> Pete Biggs wrote:
>> 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.
>
> Wrong, it is the responsibility of the seller to ensure the goods are
> received. Ask a solicitor, or look on the DTI website.
OK, this info on the Trading Standards site contradicts what I said:
"OTHER LEGISLATION AFFECTING CONSUMER CONTRACTS
Loss or damage in transit
If the trader arranges for goods to be delivered to a consumer, the goods
remain at the trader's risk until delivery. It is, therefore, the trader's
responsibility to ensure that goods are not lost or damaged in transit,
and/or to take out appropriate insurance. It follows that optional postal
insurance should never be offered to consumers."
> What on earth made you think that?
Some interpretation of the Sale of Goods Act.
Perhaps it was this bit (?):
"18......
Rule 1.-Where there is an unconditional contract for the sale of specific
goods in a deliverable state the property in the goods passes to the buyer
when the contract is made, and it is immaterial whether the time of payment
or the time of delivery, or both, be postponed. "
~PB