I often shop online and notice some courier companies create persistent problems for me. These include: couriers claiming to have attempted delivery on days when I have been working from home and know they didn’t bother to buzz my apartment; couriers failing to leave notice of attempted deliveries; lost packages; and in one instance, giving me conflicting information about the need to pay import duties, resulting in a time sensitive delivery being delayed.
Trying to resolve these problems often takes multiple phone calls and a lot of waiting on hold. The shipping and courier companies always pass the buck back to the retailer when something goes wrong. This doesn’t seem fair since it’s the courier, not the retailer, who is at fault. Beyond complaining to the retailer, is there any way to hold a shipping company to account for their terrible customer service?
– Alex, New South Wales
Kat says: Australia Post reports Australians spent a record breaking $69 bn online shopping last year. Given the prevalence of online shopping, it’s frustrating that consumers experience so many issues with delivery services.
You’d be hard pressed to find someone who shops online who hasn’t had a bad experience with delivery, and you could say, they’re part and parcel (pardon the pun) of the digital retail experience.
Under Australian consumer law, the retailer is responsible for delivery. So the courier companies are right in directing you to the retailer in the first instance – for the most part.
This is because the retailer is responsible for making representations about the delivery time of a product at the point of sale. Under consumer law, the retailer is not allowed to mislead or deceive you. That means they can’t sell you a product if they know, or should have known, it can’t be supplied in a timely manner, or within the timeframe they specified.
When a product is not delivered within a reasonable timeframe, it’s up to the retailer to provide a solution, even if there was no material loss to you as the customer. What constitutes a “reasonable” timeframe, according to the Australian Competition and Consumer Commission (ACCC), is “what most people would think is fair in the circumstances”. Importantly, this also applies to the drop-shipping model, where a digital store front sends you items sourced from a third-party supplier.
On the other hand, there are also circumstances where postal issues are considered “beyond the business’s control”, which sounds like what you’re describing. This is where the responsibility starts to shift from the retailer to the courier or postal service.
For instance, you’ve noted that couriers “didn’t bother to buzz” your apartment. A retailer could reasonably assume if the courier had buzzed you, your items would have been delivered on time. This could be considered out of their control.
If the retailer has received multiple or persistent complaints about a courier causing delays, there’s a reasonable argument that the retailer is still responsible for not seeking out more reliable delivery options. However, without evidence of this, it would be challenging to prove.
In your case, there are steps you can take with the retailer and the courier company. First, complain to the retailer. Let them know, over the phone (if possible) and in writing, about your experience with the courier and any evidence you have of the delay. While they won’t be able to undo what’s done, they’ll at least gain visibility of the poor courier service you’ve received, which they can take up with the courier business.
Meanwhile, postal services and couriers also have responsibilities to you as a consumer, called consumer guarantees. As a service provider, they must provide services to you with due care and skill. The ACCC says this is work that is “at least as good as what a competent service provider with average skills and experience would provide”. It also includes a responsibility to avoid causing loss to the consumer in the provision of a service. One might reasonably argue that not buzzing you for delivery constitutes a breach of the due care and skill rule.
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Second, call the courier directly and lodge an official complaint, with evidence of the failed delivery. If they’re not receptive to your complaint, and don’t offer you a reasonable remedy (for instance, prompt redelivery), you can take your complaint further.
There are a number of complaints bodies that can handle your issue. If your problem is with Australia Post or StarTrack, you can make a complaint to the Commonwealth Ombudsman. The Ombudsman can investigate complaints in relation to lost, damaged or delayed packages, parcel drop off issues or customer service issues, among other things.
For other courier companies, you cancontact the consumer protection authority in your jurisdiction. They’ll be able to provide you with more information about your rights and options and in some cases act on your behalf to reach a resolution with the courier company. Finally, you can make a complaint to the ACCC, which won’t investigate your individual case but might identify and act on a systemic issue as a result of your complaint.
Ultimately, there are pitfalls and inconveniences with online shopping. Short of a time machine, there’s not much that can remedy a failed delivery when you’ve needed something by a particular date and not received it. If having something in your possession by a certain date is critical, consider bricks and mortar shopping when possible, and balance what you lose in terms of sanity in the shopping centre car park against having what you need, when you need it.
