Laws Concerning Postal Services?

[Retrochic]

Is there a Law or Laws concerning the requirements of a courier to take due care and attention to the safety of delivering packages? Hope this makes sense. A parcel is delivered contents which were wrapped in tissue,bubble wrap and packed with foam chips, shattered not just broken but shattered and the heavy weight box extensively damaged. The courier states that as the contents were 'china' they are not covered by compensation so the sender is now £60 out of pocket as they have to refund the buyer. Does the Courier have duty of care under Law? If so which Law? I can't' find anything on the Net other than postal Acts that refer to Royal Mail. The courier service is My Hermes. Any help gratefully received.

[RATTER15]

I think the problem would be proving that the courier was at fault? how would the courier know the product wasn't already broken. I have no idea about specific laws though.

[Retrochic]

hi ratter The item was 20 antique plates and I always photograph the items before sending, and then in the box, to prove they have been packed correctly. To the Courier this is a mute point as they are stating 'china' along with almost everything else, is not covered for compensation. It seems they can treat parcels with complete contempt and there is no Law to state otherwise.

[Stephen_G]

I'd direct you to last night's Watchdog, Retrochic (I'll warn you in advance that you WON'T like what you see though...). Fast forward through to 21:08

[Peter Pedant]

I have done the viddie

courier seems to be a delivery service and not postal so would be governed by the law of contract for services. So it depends on the deal that the seller did with the courier - something you arent party to. - but you might depending on their deal recover under the 1999 act

actually I would complain to the seller as presumably your feedback is gonna be *** isnt it ? "Unless you want to give someone a smashed teapot as a real surprise chrissy prez, dont go to X "

[Peter Pedant]

damn
I HAVEN'T done the viddie - minute 21 looked too far in the future

[bednobs]

i think retro IS the seller though PP.
How do you know the Buyer didn't do it?

[Retrochic]

To clarify - I am the seller. The buyer would have no incentive at all to smash 20 antique plates to get a refund as I am a Top-Rated Power seller on EBay, a business seller with an Ebay shop and offer 14 day returns policy. After watching the video (Thanks Stephen) I realise I haven't a hope in hell of getting any compensation, what a joke they are, I will never use them again.

[Retrochic]

Peter I have a feeling you are trying to be inflammatory here, but I fail to see how it can be the sellers (me) fault that an item arrives smashed to bits despite being packaged really well. I ship all over the world and this is the first item ever smashed to bits.

[Peter Pedant]

No I am not being inflammatory. my lady

I took your post at face value as a buyer as there are many more buyers here than sellers. And many more buyers saying they thought they were buying a princess for 6d but I got a frog, than sellers.

Easy one: you read the contract for services you concluded with the carrier. Is there an implied clause that they will deliver everything whole ? Nope .

So it depends on the small print

The issue is governed by contract law and not any of the postal acts

There has been a loss and the question is who picks up the tab, the buyer the seller or the carrier. The views of each will differ. The deciding thing is the contract

[Retrochic]

Peter I have already refunded the buyer in full including postage costs as that is my shop policy. One reason why I have 5/5 for customer service and 100% positive feedback .I've taken the £60 loss on the chin , there is nothing more I can do except close my business account with My Hermes.

[in a mo]

I thought the video was really interesting but I wish they would get to the point no need to keep on dragging things out.

[Peter Pedant]

Sorry I hadnt noticed two of your posts - esp the one that says clearly you are the seller. misled by: " so the sender is now £60 out of pocket as they have to refund the buyer " as I never refer to myself in the third person

too attracted by the viddie

esp the one where you accept you dont have a chance

your turn to leave really *** feedback on THEIR site innit ?
what about: x is a smashing choice for delivery ....
or
dont send them a photograph of what it looks like - it will look completely different when it arrives.....

[SirOracle]

Having read this thread I would like to express my thoughts.

I agree with PP that the issue is not covered by the Postal Acts and you must look at the contract between you and the carrier.

What "exceptions" of their liability have they "contracted out of" in this contract with you.?

It may be that you have to fall back on Common Law ,depending on the wording of their exclusion (if any ),as stated above.

The circumstances appear to me that the Carrier has been negligent here as the items were correctly packed and marked as fragile,and also the box had been damaged.

I wish you good luck in pursuing matters if you do decide to take this course.

[Retrochic]

Thank you SirOracle. It seems there Terms and Conditions exclude just about everything anyone would want to mail but I am looking further into the possibility of instigating a claim in the Small Claims Court. To me its Criminal Damage but obviously not in the eyes of the Law. Thank you.

[hc4361]

You usually need to pay a premium to insure valuables and breakables in transit. Did you do that?

Who is the courier, by the way?

[BlackadderV]

There is also possibly a remedy under the Unfair Contract Terms Act, 1977.

[SirOracle]

Thanks Retro. I wouldn't go as far as Criminal Damage but certainly negligence seems to be involved here.

Blackadder has also raised an interesting point in mentioning unfair contract act.