AIBU the courier, the company, the neighbour and the slightly grubby face cream

[questionofethics]

Mumsnet virgin - first time poster here looking for some collective wisdom. Sorry for long post!

Ordered some posh face products from Kiehls as a Christmas gift for my neice to be delivered to my office address. Arrived at work on Thursday morning to receive delivery card saying courier had left with neighbour (also a business next door). Went to collect - they were in a bit of a flap and said the parcel had been taken home by someone who worked there. They were going to get it brought back and call me. Heard nothing but they seemed to know it contained Kiehls products.

Went back in today and was handed two bottles - one slightly grubby and with no seals. Was gobsmacked. Asked where packaging was and spoke to girl who had opened it - she was very defensive and she thought it was her package as apparently she had also ordered a package from Kiehls (really!) and had binned the box and delivery note. I asked her had she not read label - she said someone put it on her seat so she just opened it and it was not her fault.

Suggested she keep the products and give me the money so I could replace as gifts. She became really aggressive and said that was not happening. Not sure how to resolve. Phoned Kiehls who said I would have to package and pay for postage and write a letter explaining but they could not guarantee they would replace products.

Have also wasted about an hour of my life trying to get hold of dpd - the courier - which is like being in some seventh circle of hell. Not managed to contact anyone there successfully yet.

Anyone got a creative idea how to resolve?

[misspiggy19]

Arrived at work on Thursday morning to receive delivery card saying courier had left with neighbour (also a business next door). Went to collect - they were in a bit of a flap and said the parcel had been taken home by someone who worked there.

^I would go back to Kiehls and say that they have not fulfilled their delivery.

[KMoKMo]

Had they been used then? Was it only 2 bottles you were expecting?
If they have been used I’d consider speaking to the girl again about refunding you or you’ll involve the police.
I’ve no idea where you stand legally with the delivery company seeing as they believed they had left the item to be passed on.
What on earth possessed the girl to open it and then bin the packaging??

[InACheeseAndPickle]

Oh my god it sounds like the woman who took it home thought it had been delivered by mistake and decided to keep it for herself. Not sure you'll have much luck getting the money back but I'd be really annoyed too.

[1CantPickAName]

Wow, the bloody cheek.

I doubt the courier company or khiels will do anything.

I would write to the person and tell them that they have a certain amount of time (48 hours or something), to give you the money for the items she stole or you will inform the most senior person in her company and you will take advice from the police. It must must be theft or something, she definitely took your stuff and was deceptive

[Sparklyring]

Cheeky cow!! Sounds like she thought she was getting something for free!!

[1CantPickAName]

Also, get a copy of the signature of the person who accepted the parcel

[Sprinklemetinsel]

Ask the business next door how they plan to resolve it. They accepted the delivery, and failed to pass it on to you.
Ask them what they think is fair, in this situation.

[AngusThermopyle]

I agree with pp that the company have not fulfilled the order.
This is also uncannily similar to a thread I recall from last year but that was unresolved. Hope it gets sorted.

[Thedeadwood]

I agree the company have not fulfilled your order properly and would tweet the company. Sadly some companies only seem to respond to public shaming.

[pinkstripeycat]

It is the responsibility of the seller. Your contract is with the seller. The sellers contract is with the courier. As their courier delivered to the wrong address it is their (sellers) responsibility. I used to work at a company who sell expensive bedding and clothes. Couriers often delivered to neighbours who sometimes would keep the delivery (because it’s so expensive) and deny they had it. The seller would have to reship the order at NO extra cost to the customer

[Marmablade]

It's the couriers' fault. They haven't delivered to you.

[allthekingsshoes]

Yes whatever the actions of DPD and the girl at the next door company you paid kiehls to supply you with intact beauty products and you need to take it up with them. Google . Loads of consumer rights stuff on this. Good luck!

[SquishyLint]

You could try tweeting and and tagging DPD and khiels on Facebook asking how to resolve this. Sometimes calling them out publicly gets results. I did this with a well known online clothing company and it worked.

[EvaHarknessRose]

Do you need to stay on good terms with the business next door? Had you suggested neighbour as option for delivery if you were out? I think I would chalk it up to experience but I don't know how expensive these things are.

[Illeana]

Your contract is with the seller. The sellers contract is with the courier
This. The seller has failed to deliver your package to you, they need to refund or replace. They can then pursue the courier for the failed delivery.

I’d also make a complaint to the business next door, as high up as possible. Tell them the business took delivery of your package and one of their employees took it home and damaged it. The cheeky cow obviously stole the parcel and her employer should be disciplining her for theft.

[fantasticalbeast]

Unless you have "ticked the box" of another safe place to leave your parcel, they should NOT have randomly left it with a thieving CF-er different person.

I'd go down the you have not delivered it route. It is not for you to retrieve it from other random fucking addresses.

It is up to them to collect their product from the thieving CF-er who accepted delivery and then used their product. Their. product. Nothing to do with you.

It only becomes yours once it has been shown to be delivered to the correct delivery address, surely?

Just tell them they haven't delivered it yet.

[JasonPollack]

You need to complain to keihls. They have not delivered products to you, so have not fulfilled their obligation. It is their responsibility to liase with dpd.

One of my neighbours is a bloody theif who will take in parcels and deny, I feel your pain!

[questionofethics]

Thanks for advice! I have got the two bottles as I took them from her - was a bit stunned at the bare-faced cheek at time, so I took them but actually thinking now maybe I should not have done that? That may complicate it. The issue is that I don't want to pass them on as gifts as I have no idea if she has used any of it - should there have been seals on the bottles? Don't really want to pay for new set when I feel that she did was wrong to do this.

Kielhs don't have a 'protocol' for this situation and I feel pissed off at inconvenience of having to package and post back at my expense.

@ posterpinkstripeycat I think that's a good point - do you think I can email Kiehls again saying the contract is with them and is not fulfilled even if I have the products?

[questionofethics]

@fantasticalbeast
No did not tick leave with neighbour box

@Illeana
I will see if I can speak to the manager of the business. I think the girl that opened the stuff may not be an employee - just a freelance person but worth the chat

Feel majorly pissed off. Have already tweeted dpd and kiehls.

[adaline]

If you didn't ask DPD to leave the item with a neighbour, then they've breached their contract with you. If you couldn't accept delivery it should have gone back to the depot or to a local collection point for you to pick up in person.

Get a copy of the signature for whoever signed for the item (if you have the DPD app it'll be on there) and screenshot and use it as evidence.

Kiehls should replace your order and claim
their costs back from the courier.

[questionofethics]

@adaline
That sounds like good advice. I have the slip from DPD saying they left it at neighbours so can scan that.
Feel like I'm a dog with a bone now and not going to let it drop until I get it resolved!

[NorthernLightss]

I'd have a chat to someone senior in the business next door "to make sure nothing like this happens again". At a minimum, I'd want to know who signed for the delivery, and whether or not that's the person who took the goods home.
I'd also follow the advice about contacting Kiehls - this won't be the first time that there was an issue with a delivery. If nothing had gone wrong with the delivery I'd expect you can return the goods as with anything bought online sight unseen. So they need to provide a delivery note or another method for you to make the return. If they're suggesting that they won't accept the products due to not knowing whether they've been used, well surely they wouldn't expect you to accept them either? So it's Kiehls' problem, but don't let her next door off the hook. 😂

[adaline]

We use DPD at work and have had numerous incidents of mixed up parcels, lost parcels, tampered parcels - in my experience DPD have been very quick to solve things but from reading things on here it can be very area dependent!

Good luck 😊

[BoomBoomsCousin]

adaline has good advice about the steps to take but just to be clear, as others have said - dpd have not breached their contract with you - they don't have a contract with you, they have a contract with Kiehls. They may or may not have breached their contract with Kiehls, that would be for Keihls and dpd to decide. As others have said - your contract is with Keihls and it is keihls who have failed to deliver a product to you in saleable condition and that's what you should focus on. Don't let Keihls push it back on to dpd - dpd owe you nothing.

If Keihls refuses to act and you used a credit card to purchase then consider going through them since the goods are not fit for purpose.

[OlaEliza]

I'd take it up with whoever employs her.

Cheeky cunt.