Parcel Lost/stolen By Dhl - Who Is Responsible

[newbie99]

Hi All...
I purchased a watch from an online seller and manufacturer and I the watch is deemed to have defect with quality issues. I.e the number on the face was not aligned. I sent photos to the manufacturer and they agreed that there is issues with the watch.
They agreed to replace it with another one. They raised a DHL express Waybill to ask me to post it back to them.
I dropped off the parcel at one of the DHL collection point and since that the watch had gone into dark space. I phoned DHL and can't track it and don't know where it is.

Who is responsible for my watch now.?

[hc4361]

The person who chose the method of postage and paid for it is responsible.

[NoMercy]

DHL would be responsible if you have evidence that you posted it.

[Zacs-Master]

DHL’s website states:
It’s important to note that DHL’s liability is limited in accordance with its terms and conditions. Liability is based on the weight of the goods which may be considerably lower than the actual cost of replacement. If you think this liability cover is insu cient DHL encourages you to protect yourself against potential loss or damage by purchasing Shipment Insurance.

So I wouldn’t hold out any hope with them.

[newbie99]

Hi HC4361,

Are you saying the watch seller/manufacturer is responsible as they have used their DHL account to arrange the collection?

When I asked DHL customer service about it they said the Waybill don't have insurance...
I am blaming myself now... I should have asked the watch seller/ manufacturer if the watch is insured before I posted it. I would not used DHL again, I just don't have luck with them. Last year I bought a laptop and was missing. I bought a OnePlus phone it was opened and put some garbage inside to give similar weight.

[NoMercy]

I was in a similar situation but in my case the driver forged a preposterous signature. When I threatened to bring the police into the equasion they replaced my item immediately.

[Hopkirk]

Did you get any sort of receipt for the parcel?

[newbie99]

Hopkirk,

Yes I got printed and signed receipt from the DHL collection point.

[newbie99]

From my thoughts, the watch seller is responsible as they have chosen to use DHL an should ensure it is adequately covered.
I will pursue with the watch seller. Anyone disagree with this?

[Bazile]

Do you get to choose which carrier delivers an item which you have bought ?

[Hopkirk]

That would be my view.

[hc4361]

I am definitely saying that the seller is liable. The contract for the return delivery is between the seller and DHL, you are not a party to it. It is up to the seller to make a claim from DHL and he has to refund you regardless of the success of the claim.

[bhg481]

If the seller chose and paid DHL then I would argue he is responsible, providing that you have a receipt to prove that you handed it over. Insuring goods is expensive so they probably argued it was worth chancing the loss, particularly as the mark-up on such items is rather high making the value of the watch to him about half of what you paid for it. It is down to the seller to chase DHL for compensation - certainly not you.

[newbie99]

Hi Bazile,

No, I didn't get the chance to choose my own carrier as the watch seller is arranging the collection.

Thanks for everyones reply here and it's rightly pointed out that I don't have a direct contract with DHL. I believe the seller has a commercial contract with DHL and they have used their account to create the Waybill (some form of prepaid label with tracking number) to allow me to attach to the parcel.

[hc4361]

Give the seller all the details on the receipt but keep hold of the original - it is your only proof that you actually sent it.

[newbie99]

Hi HC4361,

Yes I have the recipient and also when I put in the tracking number on DHL website, the status says it had received and accepted the parcel.

To be honest and putting on a detective hat; I am suspicious of the DHL collection point (a retail shop) taken the parcel. When I handed the parcel,only one person was at the shop and this person knows exactly what's in the contents.
There is two failings here: (1) DHL asked me to show the contents to the collection point before sealing it. This surely put the trust n the collection point staff.(2) The prepaid label stated what the contents were and its value. This is an invitation to theft.

So I think a lessons learnt here for me is not to buy expensive watch online. Buy it from a real shop and not to use DHL ever.

[hc4361]

I have bought very expensive goods online without problem.
Things do get lost in transit, Royal Mail loses thousands of parcels every year.

If the DHL website says that the parcel has been delivered it is possible that it is lost in the system at the sellers.

I can fully understand the seller wanting the courier or his agent to see what is in the parcel before accepting it. A common scam is for the sender to switch the goods with an inferior item and claim a refund whilst keeping the goods - the law is on their side as they have proof of delivery and receipt.

Even the post office will ask what is in the parcel and the value and can insist the parcel is opened before they accept it. There are many items that couriers and the post office are not legally allowed to carry.

I would assume the watch is simply lost and ask for a refund or replacement, whichever you prefer.