I bought some items from Myer three and a half weeks ago. They were dispatched two days later and still haven’t arrived. I was told by Myer to engage with the courier – who confirmed in writing five days ago that the parcel is lost in transit (I have provided this information to Myer). Myer is insisting it needs to engage with the courier itself and I now haven’t had any further advice for five days. I have used its “concierge” service online and made a written complaint, however just keep getting told the same thing (including that its systems don’t tell it about a lost item unless the consumer complains).
This happened with Mecca recently (luckily the only two times it has happened) and it had great in-person service, systems that allowed it to quickly confirm the item was lost and it resent a new order quickly. What are my rights and what else can I do? What is a reasonable amount of time to wait for Myer to resolve this?
– Sarah, ACT
Kat says: This is so frustrating and, unfortunately, a familiar story. I think you’d be hard-pressed these days to find a person who shops online and hasn’t lost anything in the post.
Your situation will be a bit of a headache to sort out and will require some time investment by you but I’m confident the matter will be resolved as responsibilities and rights are fairly clearcut.
Under Australian consumer law, if a business can’t supply a product that a consumer has paid for, on time or within a reasonable time, then the business must provide a solution. A reasonable time, in your case, would be within or close to the shipping time indicated at the point of sale.
There are exceptions to this rule. For instance, where the issue that caused you to not receive the item you paid for was beyond the business’s control – for instance, where a product is lost in transit by a courier. When this happens, you as the consumer need to give the business the opportunity to provide a solution. You have done that, so you’re on the right track to getting where you need to go.
Myer is correct in saying that as the seller, it is required to liaise with the courier about the lost item. It contracted the courier to provide a service to them and the courier is therefore liable to it.
You have done the right thing in providing Myer with evidence of the courier’s confirmation, and lodging a written complaint. Unfortunately, it sounds like a lot of automated and opaque customer service systems are making it difficult to deal directly with Myer, and as a consequence it hasn’t yet offered you a solution.
My suggestion in this case is that you continue to pursue Myer to provide you with a solution. This could include providing you with a refund or replacement of your order. But it’s worth noting that because the loss was out of Myer’s control, they don’t have a legal obligation to provide this to you.
My hunch is that you’ll eventually get Myer to help you but it might take some time given how its systems don’t seem geared towards you easily picking up the phone and discussing the matter with someone.
If you’re not getting anywhere, you can also go ahead and make a complaint to Access Canberra, which deals with consumer complaints in the ACT. You can also complain about the courier to the commonwealth ombudsman, which might help speed up a resolution for you.
Ultimately, for all the times that online shopping is convenient, these inconveniences will rear their ugly little heads. It could be enough to prompt a return to good old-fashioned bricks-and-mortar shopping … maybe.
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