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Collectplus - Is this breach of contract?

industrial_gypsy posted a topic in Online Stores

I've recently sent a parcel via their service but it was simply left on the front doorstep of the delivery address and then stolen. Drivers have guidelines for leaving parcels. These guidelines clearly weren't followed on my delivery. The driver left the parcel next to the front door, clearly visible from a public footpath which runs adjacent to a busy main road. The value of the item inside was £112 plus the delivery fee. I have just received a refund of the delivery fee plus £50 as that's all I was covered up to. I accept that I should have increased the cover for this item but have they breached their contract and duty of care in this instance? In the current terms and condition, it clearly states: “We shall supply the Services to You using reasonable care and skill” and “leave the Parcel in a safe place”. Clearly not in this case. The T&Cs also state: We shall be liable for non-compliance with instructions if it is proved that the non-compliance was caused by Our negligence or the negligence of Our employees, agents or Sub-contractors and that the non-compliance has caused You loss. In this case, the negligence of the delivery driver has caused me a net loss of approx. £60. I think it’s reasonable to expect a level of common sense and consideration from the delivery team. Leaving a parcel on the front door step of a house which is next to a public footpath is absurd.

The National Consumer Service