Consumer protection

[forapersona1]

In the car earlier today and there was an item on the radio about doorstep piracy,( getting a parcel stolen from your doorstep). I was interested in this and paid a bit of attention to what was being discussed. 

One thing that stood out from the item, was the expert they had on said that under the consumer protection act 2015, if you buy from a retailer and the parcel is not delivered for whatever reason, your contract is with the retailer and they are responsible for the delivery of the item, not the courier and that photos of a parcel at a door are not acceptable in law.

[tressygirl]

That is interesting.

eBay though is not the seller,  just the selling platform.

Under eBay selling rules if a seller has tracking to show delivery to the name and address the buyer has on their delivery order, bearing in mind sellers pay extra for a tracked service,  that is all that is all the seller is required to prove.  

Now, I'm no lawyer, but me thinks eBay will have had the best lawyers in town, that top money can buy to cross all the T's dot all the i's,  word it such in their T & C's for selling for them not to be responsible for any item delivered,  but not left in a safe place by a courier,  and it ends up, as I agree many do,  unfortunately stolen.

Peeps here are constantly telling us they are taking eBay to court over matters like this, but no one comes back and tells us the result of any court case! 🙄

@forapersona1 

[papso22]

Indeed, a business is responsible for safe delivery of the item to the actual buyer, not the buyer's door, or shed, or bin, or under their car, whereas a private individual's responsibility under the law, ends when they give the item into the 'care' of the courier.

Ebay has the money back guarantee which doesn't actually acknowledge the difference in the two sets of legal responsibilities.

So a buyer from a business whose parcel has not been delivered to them, but mislaid, stolen, whatever, will probably lose an ebay claim due to tracking and will then have to exercise their statutory rights against the seller, outside of ebay.

Did the article say how a buyer does that?

[plpmr]

of interest is that is I look at the order details [seller in UK buyer me in Eire] I see eBay describing themselves as a reseller =

"eBay acting as deemed reseller as per Art.14a of VAT Directive 2006/112/EC has accounted for any VAT due in accordance with the local VAT legislation."

[nigel_paul_wright7557]

The only photo worth anything is you holding it in your hand at your front door.

The parcel can be put down photographed then picked up and taken away.

Same goes for video's of people packing parcels.

They might then send a different parcel with nothing in.

[bzmotman]

That doesn't apply to UK sellers selling to a UK address.