Customers who order with an incorrect address or left off door number

[samuel5]

Hi all

Sometimes we have customers ordering from our website but leave off important address information or put the incorrect address altogether.

We have a postcode lookup feature where a list of addresses automatically populates but they click on the wrong address and submit their order.

Where do we stand on such orders, are we liable to send a replacement if it is not returned to us from the Royal Mail as undelivered?

Thank you

Sam

 

[finleydesign]

How did the payment go through with the wrong address?

 

[finleydesign]

In theory you could argue you have fulfilled your part of the agreement, they ordered something, asked you to send it to an address, which you did, you completed the transaction

Of course if they want a refund they can return the product

 

[Mr D]

You are responsible until the buyer receives the item. If it cannot be delivered then it will be returned to you eventually.
Refund the buyer in full including postage once the buyer notifies you they haven't got it and you cannot prove they have.

 

[samuel5]

In this case in question the buyer selected a completely different address unknown to them.
The parcel will most likely not come back to us as undelivered as it is a real address.
I do not think we should be liable to resend the goods to the correct address?

 

[fisicx]

Did you check the address against that on the payment invoice?
Did you send a delivery email confirming the address?

 

[Mr D]

In this case in question the buyer selected a completely different address unknown to them.
The parcel will most likely not come back to us as undelivered as it is a real address.
I do not think we should be liable to resend the goods to the correct address?

You are liable for the item until buyer receives it. Refund in full including postage if you cannot prove buyer received it.

Quite possible for item to be returned from real address. You do have your return address on it or in it?

 

[samuel5]

Did you check the address against that on the payment invoice?
Did you send a delivery email confirming the address?

No did not check the payment address.
Yes, we send an email confirming the delivery address.

You are liable for the item until buyer receives it. Refund in full including postage if you cannot prove buyer received it.

The buyer will never receive it as they have mistakenly requested an unknown delivery address?
How can we be liable for their mistake?

 

[Mr D]

No did not check the payment address.
Yes, we send an email confirming the delivery address.




The buyer will never receive it as they have mistakenly requested an unknown delivery address?
How can we be liable for their mistake?

You may get goods back (should do if your return address is given in the paperwork or you can write to the person at the address you sent it).
The buyer telling you they don't have the goods - should they be out of pocket as well as not having goods?


https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Delivery rights
The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.

This means that retailers are liable for the service provided by the couriers they employ - the delivery firm is not liable.

The retailer is responsible for the goods until they are delivered to you and in your possession, so you should complain to the retailer first if your online order hasn't arrived.

 

[antropy]

As highlighted above it is in your hands until the buyer receives the item. Alex

 

[Chris Ashdown]

Thery have been delivered to the correct address as specified by the customer and its therfore the customers responsibility to recover the goods from that address you have fulfilled your contract with the customer

If the items are returned then they are still the customers property

The buyer can cancel in the legal timeframe must must make the goods available to be picked up or return them

There is no legal requirement to send a confirmation notice to the customer and the invoice could well be inside the delivery

It's fact that stand up in court not what you would like to happen or think should happen

Anything outside this would be good customer relations and good publicity and not a legal requirement apart fromm a duty of care

 

[Mr D]

And if the buyer starts a card chargeback with their card company, which will the company support?
Their customer who hasn't had the item? Or the evil retailer?
Take your pick. Its not the retailer deciding.

 

[deniser]

The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.

I would say that:
1. if a completely wrong address was given by the customer and
2. you sent them an order confirmation showing this quite clearly and a dispatch note showing the address again ie. giving the customer plenty of time to correct their mistake and
3. you can prove that it was delivered at the address which was given
then you have delivered the parcel to the person appointed to accept it and you would be able to defeat a chargeback on that basis.

 

[Chris Ashdown]

And if the buyer starts a card chargeback with their card company, which will the company support?
Their customer who hasn't had the item? Or the evil retailer?
Take your pick. Its not the retailer deciding.

A bit paranoid there
The bank has no interest either side it just follows in its judgement if either side was wrong, there judjement to either side is fair

The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.This is not true, you only have to have them delivered to the nominated address, (and if possible pbe able to prove that) but you do have a duty of care

We can all quote what we would like to do or have happen. but thats a personal matter not the law

 

[Mr D]

A bit paranoid there
The bank has no interest either side it just follows in its judgement if either side was wrong, there judjement to either side is fair

The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.This is not true, you only have to have them delivered to the nominated address, (and if possible pbe able to prove that) but you do have a duty of care

We can all quote what we would like to do or have happen. but thats a personal matter not the law

Please inform Which that their website is wrong.

 

[DontAsk]

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Delivery rights
The retailer is responsible for goods until they are in your physical possession, or in the possession of someone appointed by you to accept them.

Please inform Which that their website is wrong.

The customer has appointed someone to receive them by giving their address as the delivery address.

The problem for the OP will be proving that the appointed person has actually received them.

It might be a scam in cahoots with the occupant of the other address, enter the wrong address, claim non-delivery, oops the goods have gone missing.