Signed, sealed, but not delivered?

I’ve had a drama with a Christmas delivery. I ordered a present on behalf of my grandmother as the item had sold out in the shops. I paid for next day delivery and the estimated arrival was Monday 18 December, on Tuesday morning I had an email to say that the delivery company had posted the parcel through my letterbox at 21.53 on Monday night… it definitely wasn’t there. I checked with neighbours and even in the bins too, the item hadn’t been delivered. I spoke to Amazon who told me to wait another 24 hours for it, so I did. The parcel still didn’t show up. So I contacted the delivery company and they told me it was definitely missing so they’d investigate and in the meantime, I should go back to the retailer. I followed up with the retailer who finally agreed to refund me my money (I’m yet to get the refund) and confirmed that it was missing. I’ve now had to order the item again and hope that this one turns up…

I am surprised that “one in five never received their delivery at all”. Extrapolating the survey would mean that 172 million parcels will not be delivered this Christmas. I think, perhaps, the basis of the survey could be questionable.

Unless a retailer uses a signed for service, i think the onus should be automatically on them to prove delivery, not on the recipient to prove it was not delivered.

I was dubious about click and collect as an alternative, but as, like most people, I go out shopping regularly and now there seem to be a huge number of shops that will act as click and collect agents, it seems a very practical approach. I can collect when I like, and not have to wait in for a delivery from “7am onwards” on a particular day. And there will be no dispute if my parcel goes astray.

On 2nd January I placed an online order with M&S with a promise of standard delivery within 3-5 days. Today is day 8 (or 5 working days), but having just checked the e-mail order confirmation the items are “still awaiting despatch” and they have now moved the delivery goal posts to “arrive before Monday 15th January”, a total of 13 days (or 9 working days) after the order was placed. I have just repeated the same online order without following it through to payment and they are still advertising delivery within 3-5 days for exactly the same items.

Their helpline takes you to another online link which repeatedly takes you round in circles and back to the beginning down a road to nowhere with no obvious telephone contact number. There is no legal redress on my part as the confirmation email states delivery “before 15th January” which should in fact have read “before 9th January” (today), to comply with the original order, and moreover, it asserts the order cannot now be cancelled nor is it refundable.

Failure to deliver within the delivery period advertised but then moving the goal posts to cover themselves after you have paid for the goods is a clear case of misrepresentation. There was some urgency for the items ordered and I would have taken my custom elsewhere if I had been made aware of the delay prior to ordering.

Their T&Cs state “during times of sales there may be some delay in delivery”, which is neither here nor there as retail sales are now ongoing at any time of the year and can be used as a means of protecting themselves from Consumer Rights legislation.

Many thanks everyone for the info. I will chase them up today when I am fully compos mentis. My somewhat detailed post was meant to highlight the lengths some retailers will go to to take and hold on to your cash once you have pressed the “pay now” button. You are effectively left entirely at their discretion. Would the 14 day return principle apply if the goods are still awaiting despatch after that time has elapsed?