Time limits on 'Item not received'?

[Dave_Wilson]

Hi - I'm a new member and couldn't find an answer to this when searching past posts.
Can anyone help me with this? We sent an order out with UPS next day delivery on December 22nd. It was shown delivered on December 23rd. Last week the customer contacted us to say she never received it. That's over 2 months later. She says she had contacted a different company twice previously which has the same name as us. But due to the fact that 2 months has passed, UPS will not investigate so we cannot claim the parcel insurance we paid. It's a high value order and annoyingly having looked at UPS detailed tracking it says 'Left at porch'.

I know that a customer has a legal right to claim a refund or replacement for an order not received, but is there a time limit on this? I've been searching online for over an hour and I can't find an answer. A refund would be hugely costly to us but the customer has refused the offer of credit or a replacement.

Thank you

 

[WebDesires]

All I can find on the issue is the customer needs to contact the police and report stolen.

https://www.which.co.uk/consumer-ri...der-hasn-t-arrived-what-can-i-do-aLlda9w2pukM

I assume this means you are not responsible, especially given that they have waited so long to contact you by fault of themselves not of yourselves.

I'm not 100% but i believe your liability has ended on this matter legally, so now its down to what you are willing to do to try and help the customer in this regard.

 

[WebDesires]

On further reading a customer can dispute through their CC company if they paid by card sometimes up to 6 months. So if they do that, they might get there money back and there is little you can do about it.

 

[Dave_Wilson]

Hi @WebDesires. Thank you for your reply. That's my understanding too and I was just hoping that someone here had previous knowledge of time limits which apply. It's our responsibility until the delivery is in our customer's possession. I believe her that she didn't receive it, but this delay means we stand to lose a lot of money and if we were not obliged to offer as refund or replacement due to, for example, a 60 day limit on notifying the retailer of not receiving the item, we would still offer the credit or replacement out of goodwill, but it seems very unfair on the retailers that there is no time limit on the buyer''s ability to claim this.

 

[MBE2017]

https://www.citizensadvice.org.uk/c...f-something-you-ordered-hasnt-been-delivered/

 

[Mr D]

If customer has not had the item you remain responsible.
In this case its annoying they left it so long - perhaps they are trying it on, perhaps not. You cannot know.

 

[lesliedocherty]

We had a similar thing last year with a parcel going to the states, USPS had a signature and a GPS ping for delivery, customer said it wasn't him.

Royal Mail backed USPS and would not let us make a claim, customer went to chargeback and we won because of the signature and GPS ping.

 

[Lucan Unlordly]

She says she had contacted a different company twice previously which has the same name as us.

How was the order placed? Surely she had some sort of receipt for payment, acknowledgement of order, an invoice, a bank statement, that would have given your details?

Has she or the other company, any email trail or similar to confirm she has contacted them in error?

 

[Dave_Wilson]

How was the order placed? Surely she had some sort of receipt for payment, acknowledgement of order, an invoice, a bank statement, that would have given your details?

Has she or the other company, any email trail or similar to confirm she has contacted them in error?

She placed the order on our website. And yes she did receive order and shipping emails. She forwarded us 2 emails she had sent to customer services at the other company with our name, who never replied. I guess she googled the website rather than searching for emails and then went straight to customer services on the wrong one. Hard to believe but it does appear she did that.

Either way, unfortunately it's all about her legal right to demand a refund as the goods apparently never reached her. If there is no time limit on her right to request a refund, given the circumstances, we might just be stung for a heavy loss if she wont accept a replacement.

UPS should not have left the parcel 'at porch' of a building of flats, which is another matter entirely, and we cannot complain now due to time elapsed. Going forward we'll never send such a high value item without a courier who doesn't require a signature and proof of delivery.

 

[Dave_Wilson]

If customer has not had the item you remain responsible.
In this case its annoying they left it so long - perhaps they are trying it on, perhaps not. You cannot know.

It does appear that way unfortunately.

 

[jimbof]

UPS should not have left the parcel 'at porch' of a building of flats, which is another matter entirely, and we cannot complain now due to time elapsed. Going forward we'll never send such a high value item without a courier who doesn't require a signature and proof of delivery.

When you book a delivery with UPS on their website there are two signature options that you can select from, and annoyingly neither is selected by default. These are then printed onto the delivery label as instruction to the driver. You can ask for a signature (free of charge) or an adult signature (I believe this carries an extra charge). Of course due to COVID you won't actually get a signature, but it should prevent them being left on doorstep without confirmation of delivery to a person.

 

[Lucan Unlordly]

She placed the order on our website. And yes she did receive order and shipping emails. She forwarded us 2 emails she had sent to customer services at the other company with our name, who never replied.

Is this other company with your name, actually a division of a parent company connected to yours or a completely different set up selling completely different goods?

If the latter, her attempts to inform you are null and void.

 

[Mr D]

Is this other company with your name, actually a division of a parent company connected to yours or a completely different set up selling completely different goods?

If the latter, her attempts to inform you are null and void.

Though understandable if can be found using a google search and coming up first.

 

[jimbof]

Is this other company with your name, actually a division of a parent company connected to yours or a completely different set up selling completely different goods?

If the latter, her attempts to inform you are null and void.

It's a bit of a moot point, unless there is some statute that limits the amount of time they have to notify the OP of failed delivery, or the OP has terms and conditions linked to at the time of sale that set out their own (reasonable) limits. It's not the customer's problem that the courier places a time limit on the OP as a customer of their services, that's between the courier firm and the OP.

 

[paulears]

Perhaps one to take to the small claims if you get a chargeback as you seem yo have huge amounts of evidence and the court would view her inactivity and poor diligence appropriately. I feel for you.

 

[Lucan Unlordly]

It's a bit of a moot point, unless there is some statute that limits the amount of time they have to notify the OP of failed delivery, or the OP has terms and conditions linked to at the time of sale that set out their own (reasonable) limits. It's not the customer's problem that the courier places a time limit on the OP as a customer of their services, that's between the courier firm and the OP.

Yes, there are some unknowns but dispensing with the suggestion that the customer has made contact in a reasonable time should make the picture a little clearer.

 

[Lucan Unlordly]

Though understandable if can be found using a google search and coming up first.

The company structure of the correct email address?

 

[Dave_Wilson]

It's another company with exactly the same name as ours, selling completely different products. Both our websites appear at the top of Google when googling our company name. It is a perfectly understandable mistake to happen and not the first time - except for the fact that she had already been on our website to make the purchase in the first place and had received emails from us. It seems like a very careless error and lack of due care to follow up accordingly after no response - meaning our time with the courier has now elapsed.
Our main hope was a limitation on her legal right to demand a refund. It appears that there isn't one. We've explained how difficult a situation this puts us in as a small business (just husband and wife) and we're hoping she'll accept another offer other than full refund.
I might speak to citizens advice tomorrow to see if they can shed any light on time limits.
Thanks everyone for your contributions.

 

[Lucan Unlordly]

It's another company with exactly the same name as ours, selling completely different products. Both our websites appear at the top of Google when googling our company name. It is a perfectly understandable mistake to happen and not the first time - except for the fact that she had already been on our website to make the purchase in the first place and had received emails from us. It seems like a very careless error and lack of due care to follow up accordingly after no response - meaning our time with the courier has now elapsed.
Our main hope was a limitation on her legal right to demand a refund. It appears that there isn't one. We've explained how difficult a situation this puts us in as a small business (just husband and wife) and we're hoping she'll accept another offer other than full refund.
I might speak to citizens advice tomorrow to see if they can shed any light on time limits.
Thanks everyone for your contributions.

Personally, I think you are cutting the customer too much slack. She had all the correct information required to contact you but didn't. She had ample opportunity to get the paperwork in front of her and make contact after failing to get a response from the emails sent to the wrong company.

What is the value of the order?

 

[Mr D]

It's another company with exactly the same name as ours, selling completely different products. Both our websites appear at the top of Google when googling our company name. It is a perfectly understandable mistake to happen and not the first time - except for the fact that she had already been on our website to make the purchase in the first place and had received emails from us. It seems like a very careless error and lack of due care to follow up accordingly after no response - meaning our time with the courier has now elapsed.
Our main hope was a limitation on her legal right to demand a refund. It appears that there isn't one. We've explained how difficult a situation this puts us in as a small business (just husband and wife) and we're hoping she'll accept another offer other than full refund.
I might speak to citizens advice tomorrow to see if they can shed any light on time limits.
Thanks everyone for your contributions.

Must admit a few times have googled the company name rather than load outlook then go searching for emails.
Often quicker to Google.

 

[Dave_Wilson]

It was about £250. I understand where you’re coming from. My main concern is what consumer legislation says. I think she could still claim a chargeback through her bank (which has happened to us before, and we won because there was zero grounds). In this case, I think legislation would be in her favour - and we’d have an additional fine against us.

 

[Lucan Unlordly]

It was about £250. I understand where you’re coming from. My main concern is what consumer legislation says. I think she could still claim a chargeback through her bank (which has happened to us before, and we won because there was zero grounds). In this case, I think legislation would be in her favour - and we’d have an additional fine against us.

You could well be right, but with another head on, UPS delivered it, she's got it, she's intentionally emailed a company that shares your name and if she knows delivery companies don't, or would have great difficulty investigating the loss a call after 2 months is perfect for a full refund.

Having sat in a works canteen a few years back, listening to colleagues discussing scams, the 'slipping on a Grape in Tescos' one, whereupon you have to lie on the floor and feign a back injury, sticks in my mind. This girl had genuinely fallen but was right as rain and were it not for her husband telling her to 'stay down' would have got up and walked away. 'Isn't your husband a Copper?' I asked............