Who's Responsibility?

[netibiza]

I returned a broken powder compact that I had ordered online on 20th Sept and sent many emails and photos, with no reply, someone on here gave me another email address and they got back to me today saying that broken orders were the responsibility of Royal Mail. So if this is the case, who should deal with them, bearing in mind that I live in Spain and it will be a bit of a bother contacting them. The company also say they have not received the returned broken compact which was sent registered and tomorrow I will check with the post office here.

[Samuraisan]

I would imagine the Post Office would only be responsible if it had been insured. If I were you I would toss it away, and just not buy anything from them again. I bet there are are forums on which you can write about your experience with the seller too. They should have made sure the item was packaged adequately.

[EDDIE51]

They are talking rubbish, the seller has to make sure the item is received correctly. They have to refund you first and then try to get their cash back from Royal Mail, the sender is the only person who can claim against Royal Mail they are the' service user' not the buyer. You as buyer have a claim only against the seller.

[netibiza]

Yes it was only in a thin jiffy bag, I feel it should have wrapped more securely before placing in the jiffy bag. Thank you I now know what to do. And no I cannot afford to lose 40€ and that's not including the return postage and registering of it from this end.

[Buenchico]

>>> A strongly worded email followed up by a letter quoting distance selling regulations may do the trick

Well I certainly wouldn't quote the Distance Selling Regulations, as they've been repealed by the the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013!

However the relevant law to quote in your letter is actually Section 29 the Consumer Rights Act 2015 anyway:
"A sales contract is to be treated as including the following provisions as terms . . .
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 . . . "

http://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted