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Online grocery shopping and signing for delivery

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I get my grocery shop online and delivered to my home. Recently, I've had several items missing from my shop. The last time I phoned to report missing items they were arsey about refunding me the cost of the missing items or arranging a redelivery because I had signed for the delivery, which is my verification that I have received the goods. I was given the refund but advised that in future I should check the shop was there and write next to my signature if items were missing, to cover myself in the event that it happened again.

 

So far I have been doing exactly that. One driver was a bit funny about me writing that items were missing, other than that no issues Today, I get a delivery - it was late but no big deal about that. The driver upon bringing the last lot of shopping, asks if I'm happy. I respond - "just checking the last few items". He then asks if I've used them before and I respond "Yes but I've had several items not arrive with my order before so I always check before I sign off on the delivery". He stated "Well, we don't hang about", which I ignored and carried on checking before I would sign off. He mumbled something about making a note about me so that he didn't have to deliver to me again and hang about waiting. (He waited all of 2 or 3 minutes).

 

Ok - I have looked at the terms and conditions. It states that if items are missing, contact their helpline. It states if we are unhappy about anything tell their driver or contact the helpline. Doesn't say anything specific about the signing, other than it must be signed for once delivered. How, precisely can I tell their driver I'm unhappy if they "don't hang about" for me to check that all the shopping is accounted for?

 

Isn't there something somewhere that states that signing on delivery is acceptance of the goods? How can I accept something that I'm not sure is there because their driver won't wait the few moments it takes for me to check?

 

In short, do I have any right to insist I check the shopping is all there before I sign?

 

And what recourse would I have if I signed and items were missing and they refused to refund/redeliver because I had signed off without checking all items were there?


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Isn't there something somewhere that states that signing on delivery is acceptance of the goods? How can I accept something that I'm not sure is there because their driver won't wait the few moments it takes for me to check?

 

In short, do I have any right to insist I check the shopping is all there before I sign?

 

And what recourse would I have if I signed and items were missing and they refused to refund/redeliver because I had signed off without checking all items were there?

 

Section 34 of the Sale of Goods Act applies:

 

http://www.legislation.gov.uk/ukpga/1979/54/section/34

 

Buyer’s right of examining the goods.

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract

If the supplier's commercial practice materially "distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product" that would then be a criminal offence under Consumer Protection from Unfair Trading Regulations 2008, so your remedy is to prosecute.

 

If it is possible that the missing goods fell of the back of the lorry so to speak, somewhere between the store and your front door, you should take it more seriously.

 

Don't be bullied.

 

8-)

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One large supermarket chain allows its drivers 6 minutes to make a delivery when scheduling.

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