Delivery Issue with Langtons

LJeanmiMitch on 09/08/2021 - 18:12
Last edited 19/08/2021 - 21:20

Hi all,

Long time lurker and first poster as I am facing an issue with an online retailer and seeking advice and guidance from the crowd here - If you would be so kind.
I have ordered some wine on Langton's wine auction end of July - as I have many times in the past - and just received the below email explaining that wine went missing and that they were "sorry for the inconvenience" but since I didn't opt-in delivery guarantee, that's my loss…

I had never paid attention to the "delivery guarantee" option tbh, over my dozens of previous orders, and would not even have imagine it is possible to conduct an ecommerce business without guaranteeing delivery…

Can you let me know what you think ? Is it legal or is there any recourse ?

Hi,
We have been advised by our courier that unfortunately, your items from order 1385953 was lost in transit.
Unfortunately, as you did not opt in for the delivery guarantee, as per our policy we are unable to refund for Auction items that are lost in transit. We do not own the products on Auction so we are unable to refund these items. The buyer has the choice to add delivery insurance (“Delivery Guarantee”) on their order, in the checkout.
If you want to double check our terms and conditions please see: https://www.langtons.com.au/terms-and-conditions
We are sorry for the inconvenience, please let us know if you have any further questions.
Kind regards,
Liam
Endeavour Drinks Customer Service Representative

Thanks for the help,
JM

****Update

Thank you all for your feedback. So I followed the broad advice given here to challenge the legality of selling a delivery service without actually guaranteeing completion of it and brandished ACCC reporting… Not sure it did anything but next thing you know the bottles where recovered.

I doubt they will change their policy because of a random complaint but I surely will never tick and pay extra for thier "delivery guarantee option".

Cheers

General Discussion

Related Stores

Langton's
Langton's

Comments

  • Hybroid on 09/08/2021 - 18:15
    +2

    Buyers can elect at the time of purchase, for an additional fee (specified on the Website), to have delivery covered by Langton's Delivery Guarantee. If no Delivery Guarantee is purchased, risk in the Goods shall remain with the Buyer from the time they leave Langton's premises.

    https://www.langtons.com.au/terms-and-conditions

    What? Is this actually legal?

    Failure to supply a product or service

    If you do not receive the products or services you have paid for, your first step should be to contact the business to try and resolve the problem.

    If you are still having difficulty resolving the problem, contact your local state and territory consumer protection agency.

    https://www.accc.gov.au/consumers/sales-delivery/non-deliver…

    https://www.accc.gov.au/contact-us/other-helpful-agencies/co…

    • JeanmiMitch on 09/08/2021 - 18:20

      I don't think so. Although obviously they think it is, under the pre-tense that in this particular auction context "they don't own the goods", hence they are not responsible for delivery(…). Don't ask me how that makes sense…

  • lachhelix on 09/08/2021 - 18:16
    +2

    What's to stop them from not even sending an order and responding to the buyer "sorry you didn't tick this box and it's gone so you're SOL"

    • monky on 09/08/2021 - 18:20
      +3

      I'm assuming a confirmation of good received and in transit with tracking from whatever courier they use.

      The questions for OP now is: Which courier do they use? Can you contact them with a tracking number and get them to search for the missing goods?

      • JeanmiMitch on 09/08/2021 - 18:30

        Nope. No tracking email was sent. On Langtons customer portal the order tracking shows "We don't have any tracking information for you at this time."

        • monky on 09/08/2021 - 18:46
          +1

          Their FAQ says "Langton's uses Endeavour Delivery and Australia Post." and "Once your order is dispatched, delivery track and trace information is accessible via the Shipping Tab in My Settings, and included within your order dispatch confirmation email."

          So for them to say your goods are missing before even confirming the courier picked it up is incredibly suspect. I believe a complaint to the ACCC would be completely valid as they have no evidence of even fulfilling your order aside from taking payment.

          • monky on 09/08/2021 - 18:47

            @monky: Endeavour Delivery also has just awful reviews…

            • Zephyrus on 09/08/2021 - 20:18

              @monky: All delivery companies have bad reviews

          • JeanmiMitch on 09/08/2021 - 19:56

            @monky: Yes you are right. If they can't provide evidence that the items were sent, they have no case. However if they do manage to provide evidence, does it meant that my only recourse is with the courier ?

  • randomusername2017 on 09/08/2021 - 18:56

    There is no charge for insurance, however, if compensation is required for breakage or items lost in transit, payment will be made at our low estimate minus sellers commission.

    • JeanmiMitch on 09/08/2021 - 19:54

      Where did you get this statement from ?

  • mskeggs on 09/08/2021 - 20:19
    +2

    How did you pay? Quickest way might be to do a credit card chargeback for failing to deliver the paid for goods.

    • JeanmiMitch on 09/08/2021 - 21:09

      Would that work with a CBA debit card ? (I will check too)

      • AdosHouse on 09/08/2021 - 22:53

        Yes because it is a Mastercard.

    • [Deactivated] on 09/08/2021 - 23:41

      I agree
      You didn't receive goods, but the bank will investigate and the T&C may matter.

  • Willco88 on 09/08/2021 - 22:54
    +1

    WHAT A SCAM

  • kingsville on 09/08/2021 - 23:12

    no courier tracking number = not received by courier in the first place?

  • [Deactivated] on 09/08/2021 - 23:40

    How the hell does wine go missing? I wanna find these warehouses where there's 50 million packages sitting there waiting.

    :/

  • djkelly69 on 10/08/2021 - 09:34
    +2

    Just confirming: they charge you for the item, they charge you for freight, but then claim they are not responsible for the item being freighted to you because you didn't pay an additional "delivery guarantee" fee which is essentially a "yes I actually want you to comply with your obligations under this contract" fee??

    This genuinely needs to be reported to the ACCC for unfair contract terms. Just because it is in their T&Cs doesn't make it legal, particularly when that term basically gives them the power to defeat the entire purpose of the contract but then retain your payment/consideration under the contract.

  • sietes on 10/08/2021 - 13:44
    +1

    Langton's parent company Endeavour drinks also own the courier company so I'd say you should have some recourse.

    • [Deactivated] on 11/08/2021 - 14:13

      Nice info!

  • mini2 on 11/08/2021 - 15:07

    You're in luck - EDG is in Surry Hills so you're in the same state as them. Lodge a complaint with NCAT and see how you go.

    EDG's delivery used to be called NexDay and they suck.

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