Shipping Protection

[rumblegrumble]

I just bought a dress at DVF and when I went to check out I noticed shipping protection was checked. I tried to uncheck it and received the message:

"LABL Purchase Guarantee
To cover any lost, stolen, or damaged packages, we offer this package protection service. By opting into LABL, we can quickly resolve any such issues by placing a new order on your behalf or issuing a refund—giving you peace of mind during the shipping process. By choosing to opt out of package protection, you assume responsibility for the shipment once it is in transit. DVF will not be liable for any loss, damage, or theft that occurs after your order leaves our fulfillment center."

I don't see how this is legal? Surely, the seller is always responsible for the shipment until it is delivered, they can't just opt out of that legal responsibility?!

I didn't check it and bought the dress, and I've opened a chat window but had no response yet....

We're moving this thread to our Legal Matters topic for the OP

Their response:

We offer package protection service (LABL) to protect against lost, stolen, or damaged packages, whilst our orders are in transit and out or our control. By opting into LABL, we can quickly resolve any such issues by either placing a new order on your behalf or issuing a full refund.

It is important to note that without opting into package protection, the responsibility for the shipment transfers to you once the package is in transit. DVF will assist in filing a claim with the courier if any issues arise, but please be aware that the courier has a cap of £100 for approved claims related to lost or damaged goods, which may not fully cover the value of certain orders.

The cost for LABL is calculated at approximately 2–3% of your total order value. However, it is entirely optional, and you are welcome to decide if this service suits/ does not suit your needs.

I said:

"the responsibility for the shipment transfers to you once the package is in transit" but surely that goers against both the consumer rights act and consumer contracts regulations? you can't just opt out of your legal responsibilities?

They said:

If package protection is opted out, we still do assist in opening investigations with the courier. However, as a retailer, once an order leaves our fulfillment center, the shipment responsibility becomes a shared process. Couriers often have specific protocols and limits on liability. For instance, compensation for lost packages may be capped at £100, depending on the courier’s terms and conditions.

Our policy aligns with these industry standards and supplements existing consumer rights to offer enhanced security. As always, we of course remain committed to assisting you in case of any issues, whether you opt into LABL or not.

You are correct. The Consumer Rights Act is clear that the goods remain at the trader's risk until they come into your physical possession. They cannot shift responsibility to you when the package is in transit unless you choose the courier and it is not one DVF normally offer as an option. If goods go missing or are damaged in transit, DVF is liable for the full amount. They cannot simply pass you on to the courier, and any claims limit the courier has is irrelevant.

Just to add, misleading consumers about their rights is a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008.

That's what I thought, it seems really dodgy. I really like DVF and assumed they were a good company, so am a bit shocked they're doing this. I have reported to Trading Standards and will just buy the one dress rather than the six I had my eye on! Thanks so much for clarifying.

Diane Von Furstenberg? Shameful practise for such a high end brand.

Quite. Rather disappointed, I do hope Trading Standards tell them to pack it in before I next want a new dress.