Signing for Your Neighbour’s Parcel
It’s a near daily occurrence for plenty of us; the doorbell goes off and there’s a flustered delivery man stood in your doorway.
No, that exotic
looking parcel isn’t for you, it’s for your neighbour, but would you mind
signing for it?
Having to nip next
door to ask for a parcel your neighbour has collected on your behalf is a lot
more convenient than having to trek over to your ‘local’ postal depot, which is
why many of us are happy to sign for our neighbour’s delivery.
But warnings have
been raised that doing so may actually expose you to the risk of a day in court.
Whose
responsibility?
The shop isn't in
charge if you've put your name on the delivery.
It is important to
note from the outset that when you order something from a courier service in Canada, your
agreement is with the parcel delivery service, not with any third party used
during the delivery process.
In other words, if
things go wrong, it’s generally up to the retailer rather than the parcel delivery service to clear them up.
But many parcel
price comparison sites has warned that parcel deliveries which have been signed
for by a neighbour present something of a grey area when it comes to consumer
rights if there is anything wrong with the delivery.
For example, what
happens if your neighbour accepts a parcel on your behalf, but when you open
the box the item is damaged?
The retailer will
argue that the item is their responsibility up to the point that it is signed
for. If no issue with
the item is raised at that point, how can you prove that it was damaged in
transit and not by the neighbour?
This will come down
to whether you named the neighbour as a delivery option at the outset. If you did, then
the retailer will claim that delivering to them is no different to delivering
the item directly to you, which they will use to try to deny you compensation.
However, consumer
champions are clear that you can't sign away your rights - just because you or your neighbour signed to confirm the parcel was in
good condition, you still have legal rights and should pursue a complaint for a
replacement.
If you didn’t give
permission for the item to be delivered to the neighbour, then you can claim
the retailer is in breach of contract, meaning it can still be considered
undelivered and is therefore the responsibility of the vendor.
It’s been stolen!
What happens if a
neighbour accepts a parcel, only for it to be stolen before you collect it?
Believe it or not,
this has happened recently, with an elderly gentleman accepting delivery of
some dresses for their neighbour.
He then went out,
at which point he was burgled, with the thieves making off with the delivery
package sat by the front door.
The retailer argued
that the order had been delivered safely, so it was no longer the firm’s
responsibility.
However, the man’s
insurer argued that as the dresses were not his property they are not covered
by his home contents insurance.
The final decision hasn’t
been made public, though parcel delivery companies reckon that unless it could
be proven that he had failed to take “reasonable care” of the parcel - for example by leaving a door or window wide open - then it is unlikely that the neighbour can be held personally
responsible.
Nonetheless the
elderly neighbour was threatened with prosecution as a result of the burglary.
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