Hi, posting for some advise.
I recently ordered a Steam Deck Oled from Mighty Ape via a third party seller.
The item was sent out for delivery but I had no knock at the door. When I got notification that the item was delivered I went and checked but nothing was there.
My property is a terrace house with no fencing and free access to my doorstep.
When I raised this with Mighty Ape they did an investigation and found the item has been delivered by a photo of it on my doorstep from the courier so they deem it delivered.
I have never authorised any item to be left in a safe place as there is no safe place on my property. I also noticed the seller authorised the item to be left in a safe place without my knowledge.
What do I do now as I'm $1400 out of pocket?
Any suggestions would be greatful.
Update - thanks for all the advise. I emailed might ape again stating the following
Hello
This is unacceptable. How is it that I am held responsible for an item being delivered and left on my front door step when I have gave no authority for this to happen or did not arrange the delivery? The seller gave the authority to leave on the doorstep without signature. That's on the seller for being reckless with the delivery and not getting it signed for. I'll understand if I chose that delivery method or opted out of it being signed for but I didn't and had not been given any choice.
I would like this case escalated as I'm not willing to just hand over $1400 for free. In your decision making can you please explain how you came to your conclusion as under the CGA 1995 - Section 5A
Guarantee as to delivery
(1)
Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—
(a)
at a time, or within a period, agreed between the supplier and the consumer; or
(b)
if no time or period has been agreed, within a reasonable time
'Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer" - My front door is not the consumer, I am.
The meaning of consumer - consumer means a person who—
(a)
acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption;
Key word is person ie me, not my door.
It's poor judgment on the seller to send over a 1k item to not be signed for and for the delivery company to leave an item on someone's doorstep that's not a safe place to leave it. My property is not gated and can be easily accessed by the road.
I will not be putting a police report in as that would be me taking ownership of the item which currently I'm not the owner, the seller is.
I await you response but I want this escalated.
Thanks