legal position on mailing goods in UK

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Request for Question Clarification by answerfinder-ga on 16 Mar 2004 02:11 PST

Dear davidson22-ga,
Are posting goods, or purchasing goods? Can you explain a little more?
I'm afraid I do fully understand your question.
answerfinder-ga

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Clarification of Question by davidson22-ga on 16 Mar 2004 04:57 PST

Absolutely. Relates to sending purchased item through post. I buy a
book to be sent through post. Am offered insurance but decline on
basis it is seller's repsonsibility to deliver to me. I pay by cheque.
Book does not arrive. Is seller legally obliged to replace/refund or
is it buyer's problem? Thanks for clarification.

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Request for Question Clarification by hummer-ga on 16 Mar 2004 06:17 PST

Hi davidson22,

1) Where is the destination of the parcel?

2) Has your cheque been cashed?

3) Have you contacted the seller? 
   Have they confirmed shipment?
   What date was it posted? by air or surface?

4) Did you order it through an online database such as Amazon or
Abebooks, or from the seller's own website (a link to the website
would help).

Thank you,
hummer

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Clarification of Question by davidson22-ga on 16 Mar 2004 06:51 PST

This is theoretical not actual situation - although may become one.

Transaction takes place entirely within UK. Takes place between -
let's say - two "sole traders" not limited companies. Book advertised
on a listing service but the actual transaction not carried out
through the listing service.

Paid for by cheque in advance of shipment. Cheque cashed by seller.
Seller states shipment has taken place by Royal Mail. Book never
received. Seller claims his responsibilities completed when handed to
post office. That that is deemed equivalent to delivery.

The Trading Standards supplied (which are helpful) don't seem to cover
this specific situation.

You do not say whether it was a private sale, as opposed to a company
sale, or if it was distance selling. In any event, I cannot find the
answer, but these Trading Standards? links may assist you.
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
 http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0051-1111.txt
http://www.tradingstandards.gov.uk/cgi-bin/callist.cgi
Another researcher may be able to answer your question.
answerfinder-ga

Hi davidson22,

I don't think you'll find legislation covering the situation you
describe. Generally, sellers set their own terms of sale, including
the guarantee (if any). That is why it is important to know the terms
of sale of a seller before making a purchase - any guarantees should
be clearly stated on their website.

That all said, any online store which requires the purchaser to buy
insurance is not conducting their business according to the standards
of the trade. If you pay for something, it is up to the seller to get
it to you in good condition - if they want to insure it, it's up to
them to cover the cost of insurance.

Have a look at the "Code of Ethics" at the Online Independent
Bookseller's Association (IOBA)...

"Responsibility for damage to, or loss of, goods in transit will
remain with the member."
http://www.ioba.org/code.html

...and Tomfolio:

"Members shall be responsible in packing and shipping materials, and
shall be responsible for damage caused by improper packing. Members
shall be responsible for items sold until delivered to purchaser or
purchaser's agent."
http://www.tomfolio.com/tomfolio/ethics.asp

In other words, although not legislated, common courtesy between buyer
and seller is an important part of doing business, whether it be in a
bricks and mortar or online shop. It's the responsibility of the buyer
to do their homework first and review the seller's terms of sale and
store policies before making a purchase.

Sincerely,
hummer