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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10795
Experience:  Barrister 17 years experience
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If a customer has bought an item from our online shop, and

Resolved Question:

If a customer has bought an item from our online shop, and when it's been delivered the delivery driver has damaged the customers property (car and electric gate) can they sue us for the damages? Or do they have to deal directly with the delivery company who's driver caused the damage?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Where a customer buys an item online, they have an automatic period of 7 days in which they can return the item under the Distance Selling Regulations. Accordingly, in your situation, the customer can return this item to you even though it might have been the courier company who damaged it. You can sue the courier company or reach some agreement with them as to the damage if you want. However, you are responsible here for the fact the item did not turn up as promised, I regret to say. The customer, has the option either to look to you or the courier.
Customer: replied 2 years ago.

Hi There,

Thanks for the reply....

The courier did not damage the goods he purchased from us, he damaged the customers Car and Electric Gate when delivering our goods with his Pump Truck!

Thanks,

Michelle

Expert:  Buachaill replied 2 years ago.
2. That is very different! Here, the customer has the cause of action against the courier, not you. So you should simply decline to deal with the customer. If necessary, point out to the customer that you are not responsible for the negligent acts of an independent contractor such as the courier. Essentially, the courier company will have insurance for the driving or whatever caused the damage to the customer's property. IN law, a seller has no liability for the negligent acts of a third party, such as a courier. It is not part of the contract of sale, so no liability ensues.
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