I was expecting a delivery today by Hermes. When I checked the tracking, a picture of the parcel was there outside my door in plain sight of everyone. I went to go and check outside my front door, but it isn’t there. I didn’t agree for the parcel to be left “in a safe place “. I understand my contract is with the retailer, not Hermes. As a picture of the parcel was provided, is it more likely that I will get a refund/replacement if I say the parcel was damaged rather than not received? Any advice I would be very grateful for as I have not had to make a claim like this before.
Thank you in advance for your help.
Thank you in advance for your help.
23 Commentssorted by
Compare to if the parcel had been shoehorned through your letterbox and only you or your family have access to the drop side of the letterbox, it would be deemed to have passed into your (exclusive) possession.
Consumer Rights Act 2015 Section 29:
29 Passing of risk...
(2) The goods remain at the trader's risk until they come into the physical possession of —
(a) the consumer...
Something sounds wrong here(confused)
If you say it was damaged and then the retailer asks for the old one back first then what will you do?
Just tell the truth and go from there.
Hermes should have taken it back and delivered another day, they are at fault and the retailer will have to sort this out. If the door was open and the picture was taken with the person inside visible then that’s a different story. We have great Hermes drivers in our area and there is no chance they would leave a parcel like this.
Supplier can report theft of its property to whoever the supplier chooses.
I am just saying from experience I had to. Easiest way to get it solved for me. As soon as I supplied reference number it was delt with. (edited)
Just out of curiosity, wouldn't the front door qualify as the receiver's property and thus the risk getting transferred?
I am not a fan of Hermes but in this case, what exactly did Hermes do wrong if there was no one to open the door and no additional instructions were given? (edited)
I reported it and had to get a police reference number which was pretty easy. They said it happens all the time. They look for public CCTV just incase but happy to give reference to help get your refund. Other than that it's the suppliers problem not yours.
Just tell the truth. (edited)
Note the wording and implication of "physical possession", which does not even hint at "anywhere over the consumer's boundary".
Then equally note the only two recipients capable of physical possession:
...The goods remain at the trader's risk until they come into the physical possession of—
(a) the consumer, or
(b) a person identified by the consumer to take possession of the goods.
A front door is the receiver's property, but unless the public-facing side of the front door can be classed as "a person identified by the consumer to take possession of the goods" the risk has not been transferred; it is absurd to suggest a front door is a person, especially the public side of the front door.
Any delivery other than to the (body of the) consumer is not satisfying "coming into the physical possession", although most reasonable interpretations of the "delivery to a person not a location" requirement would likely include any areas where the consumer had exclusive access, such as the consumer's side of the consumer's exclusive letterbox. Also note the word exclusive, where a letterbox to a communal area and / or in a lobby would not meet the exclusivity expectation.
??? Obviously the delivery company failed to satisfy passing of risk, simples.
In which case:
sender compensates consumer.
sender reviews its chosen courier's terms of carriage / duty of care / insurance and raises claim against courier as appropriate, or not.
But what confused me was they said they left a card explaining where it was. Which of course was a load of rubbish, if they couldve got to my door I wouldve answered it.
After a bit of searching one of my conciereges found it in a pudlle and falling apart.
What? Hermes knocks?