Bought a Mattress from Amart, but Likely Lost during their Delivery, What Should I Do

badinh on 19/11/2022 - 13:14

Hi everybody,

In short, I made an online order on the Amart website for a mattress. A few days later, I received an email informing the delivery had been completed. But I have not received anything. I have contacted Amart store and also Amart Customer Care office, but their responses were that they currently did not know where the mattress was. It is likely that the mattress was lost. The reasons may be due to the delivery man having brought the mattress to an incorrect address, or another possibility is that the mattress was stolen when it was put in front of my door.

What should I do next? What can I do to get the mattress, or get my money back? I do not want to lose more than one thousand dollars just like this. Thank you all.

The timeline is as follows:

  • 10/11/2022, Thursday, 11 PM, I made an online order on the Amart website for a spring queen mattress, meanwhile choosing my store as Oxley store (Brisbane, Queensland). In my order, I put a note: “If no one is available at home, please put the mattress in front of our door. We are living on the 3rd storey of the building”.
  • 11/11/2022, Friday, 07 PM, I received the Receipt, Tax invoice and Sales Order through email from Amart Oxley store.
  • 14/11/2022, Monday, 03 PM, I received an email informing me that the delivery had been completed. I had a missed call around that time since my phone ran out of battery, unfortunately. I came back home at night at about 8 PM (my wife came back earlier about 6 PM), but we did not see the mattress. We searched around the whole building but did not see anything.
  • 15/11/2022, Tuesday, I tried to contact Oxley store as soon as I could, by sending an email in the early morning at 07 AM, then called them around noon. The Oxley staff had no idea where the mattress was, and how it was delivered, and suggested I should contact the Customer Care Office.
  • 16/11/2022, Wednesday 01 PM, I called Amart Customer Care Office and again the customer staff had no idea about the travel of the mattress. When I asked about a refund, I was informed that the refund could only be processed if the mattress would be delivered back to the warehouse.
  • 18/11/2022, Friday at noon, I called Amart Customer Care Office again to ask about the travel of the mattress. I met another staff whom I told the story again. On the Amart system, he could only see that the delivery had been completed by Shippit. He tried to check the warehouse but said that he had no more information, not sure if the warehouse has got the mattress back or not.
  • 19/11/202, Saturday morning (today) 09:30 AM, I called Oxley store, but they had no more information and tried to transfer my call to Amart Customer Care Office. I then call to Amart Customer Care Office and met a lady. That lady tried to contact the delivery service, and then she informed me that the mattress's delivery had been signed by a person whose name was completely strange to me. I suggested that the delivery may go to an incorrect building (I have checked my address and phone number on my order, and all of them are correct). The final information I got is a further investigation from Amart will be conducted.
Home & Garden Mattress

Related Stores

Amart Furniture
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Comments

  • AngoraFish on 19/11/2022 - 13:46
    +2

    Vic site, but relates to Australian consumer law.

    https://www.consumer.vic.gov.au/products-and-services/proble…

    A store or seller that accepts payment for products must supply them:

    within any timeframe they have indicated, or
within a reasonable time.

    If a product ordered online has not arrived within either of these periods, the consumer can ask the store or seller for an explanation in writing.

    If the store or seller still fails to supply the product, the consumer is entitled to a refund of any money they have paid for the product.

    Note: if the seller claims to have posted the product, they are responsible for resolving any issues with Australia Post or the courier company used to deliver the product.

    • dcep on 19/11/2022 - 15:29

      In my order, I put a note: “If no one is available at home, please put the mattress in front of our door. We are living on the 3rd storey of the building”.

      Authority to leave granted. No receipt confirmation / signature on delivery, required.

      • badinh on 19/11/2022 - 16:15
        +1

        @phunkydude: What do you think if the delivery man had brought the mattress to the incorrect address? I do not think that mattress was stolen in front of my door.

        • Ryanek on 19/11/2022 - 19:03
          +3

          That is the risk you take when you give authority to leave at a door with no signature

          • Bozman on 20/11/2022 - 08:39
            +2

            @Ryanek: They still need to provide proof of delivery

            • Ryanek on 20/11/2022 - 10:31

              @Bozman: A signature is their proof, and OP waived it.

          • badinh on 20/11/2022 - 08:45
            +1

            @Ryanek: @Ryanek: I agree there is a risk, even it is very tiny in my point of view. The item is a big and heavy mattress, and if delivered as instructed, it was put in front of my unit in the 3rd storey.
            You may read to the end of my post, that yesterday morning the Amart Customer Care staff informed me that the delivery was signed by a strange name. What should I do next?

      • TrustNoBody on 20/11/2022 - 10:49
        +1

        but usually they will take a photo when they leave stuff so they might be able to see if it’s their door that it was left at , but someone actually signed for the item so obviously they took it to the wrong door

    • badinh on 19/11/2022 - 16:12

      So far I have had three times talking with Amart Customer Care (plus a number of times with Oxley store), and they said the item had been delivered by Shippit. In their point of view, they will not agree that "the store or seller still fails to supply the product", as they said they did.
      But I agree with you that in my point of view, they need to deal with Shippit. I am going to call Shippit next Monday too. What do you think?

      • AngoraFish on 19/11/2022 - 18:39
        +4

        The problem you have there is that you have no direct contract with Shippit. They may deal with you, or they may not.

        Ultimately Amart is the client, Amart is the person you paid for the goods. The onus is on Amart to prove that the item was delivered. Shippit is just a sub contractor for Amart.

        It is not up to you to prove that the item wasn't delivered, and you inherently can't prove a negative anyhow.

        Basically, Amart will be obstructive and inept long enough for some people to give up, but should grudgingly come through with a refund pretty quickly enough once you threaten to go to Consumer Affairs.

        • badinh on 20/11/2022 - 08:50

          Thank you Angora Fish,
          Your comment is very informative and constructive as well.
          The Proof of Delivery, as pointed out by @AndyC1, is an important point in this case. I will try to chase Amart for this. Yes, I will try my luck with Shippit as well. I agree with you that since I am not the client of Shippit, Shippit will be not likely to support my case but like Amart, will be obstructive and inept.

          Regarding the support with Consumer Affairs, do you have any experience or advice for me? I will fight for my hard-earned money.

          • AngoraFish on 20/11/2022 - 11:31
            +1

            @badinh: I haven't had to get that far, the threat should normally be enough. As others have said, you might also want to investigate lodging a charge back with your credit card company, but you shouldn't do that until you feel that you have exhausted your options with Amart first as the outcome there is not guaranteed and you only get one shot at that.

            If you do need to actually lodge a complaint the process for Queensland is here https://www.qld.gov.au/law/your-rights/consumer-rights-compl…

            Before you take it too far make sure you have made a formal complaint to Amart in writing (email should be enough) so there is a paper trail, and give Amart a reasonable amount of time to respond (at least a week). Explain that you intend to take the matter to the Office of Fair Trading (Queensland's version of Consumer Affairs) if the matter is not resolved to your satisfaction. Amart's response should also be in writing (if they do call you instead make detailed notes of what they say, including the exact time and date, immediately afterwards).

            Note that it would likely cost Amart less to simply send you a new mattress than to give you a refund, which you may want to suggest to them if you still want the mattress. It will also look better for you if the complaint does end up being investigated if you look like you have tried to be reasonable.

  • AndyC1 on 19/11/2022 - 13:58
    +3

    Also ask them for proof of delivery and if they cannot supply it then they did not deliver it.

    Also give them an ultimatum to get it sorted by Wednesday with delivery or you will instigate a CC chargeback assuming you paid by CC.

    Until delivery proof is supplied then Amart has not supplied you the goods. If the POD (proof of delivery) does not show the matress at your front door then it was delivered as requested and Amart is responsible for it.

    • dcep on 19/11/2022 - 15:29
      -1

      In my order, I put a note: “If no one is available at home, please put the mattress in front of our door. We are living on the 3rd storey of the building”.

      Authority to leave granted. No receipt confirmation / signature on delivery, required.

    • badinh on 19/11/2022 - 16:22

      @AndyC1: thank you for your good idea. I will ask Amart about proof of delivery e.g. a photo showing the mattress at my front door.
      Regarding instigating a CC chargeback, do you mean I can claim my money back from my credit card bank? Yes, I paid with a Common Wealth Bank credit card. Can you please give me more hints about this action?

      I am going to call to Shippit office too. What do you think?

      • turbochris on 20/11/2022 - 09:54
        +3

        https://www.commbank.com.au/support/disputing-a-transaction.…

        I wouldn't bother chasing Shippit. I would make it very clear to Amart that this is their problem, not yours.

        You need to be assertive here. You paid, and it was not delivered. Seems that it was delivered to the wrong place. If it was left outside your door and then stolen there would not be a proof of delivery signature. They have provided zero proof that it was delivered to your address.

        Tell them that as the mattress has not been delivered, you expect a mattress to be delivered by say end of the week or a refund. If you do not receive either of these then you will lodge a chargeback from Commonwealth Bank. (Customer usually always wins in a chargeback and there are fees charged to the merchant as well to discourage them from pushing customers that far).

        • badinh on 20/11/2022 - 10:20

          @turbochris: Thank you for your informative reply. Yes, I will make your suggested ideas clear in my next email which I am going to send tomorrow morning. I will call Amart around noon too.

          The action of the chargeback is very interesting for me since I am more proactive then. As pointed out in @AngoraFish's comment, Amart will be obstructive and inept. Supportive proof of such behaviour is that during the second call to Amart Customer Care (last Friday), I did ask them to provide me in writing through emails with updates on the current status e.g. their warehouse has not received the mattress back yet (yes, because it was likely lost) and they could not know where the mattress was.

          On the third call (yesterday), when the lady said the delivery was signed by a strange name, I asked if could she please send me an email with that name and the current investigation from Shippit, she politely agreed and even spelt my email with every character; but until now I have not received a such email yet.

      • TrustNoBody on 20/11/2022 - 10:54

        i have done charge back with creditcard but amart is going to say it was actually delivered so u may have a fight on your hands but don’t give up especially for that amount of money

  • frugalftw on 19/11/2022 - 14:32
    +1

    How do people steal a mattress? Aren't they pretty heavy? That aside, yes, you can write them a letter of demand and ask for a refund if you are pressed for time. Or you could be understanding and wait for a while to see if it turns up somewhere. Two weeks is where I'd draw the line, provided that I have something else to sleep on.

    • Daabido on 19/11/2022 - 14:39
      +3

      Someone turns up at their door to deliver the mattress. They think to themselves, Yeah, I'm a bloody no good grub and I'd like a new mattress to replace my urine soaked crack den bed. "Where do I sign?"

      People. What a bunch of bastards.

      • badinh on 19/11/2022 - 16:28

        @Daabido: It is sad but I think yes, what you are assuming is very likely what did happen.

      • TrustNoBody on 20/11/2022 - 11:00

        not always , as maybe the person that signed didn’t know it wasn’t for someone else in their house ..as my adult son would just sign for something that was being delivered and not think anything about it as im forever getting stuff delivered but usually the courier will ask the name or say the name of the delivery and if it wasn’t my name then he wouldn’t accept delivery

    • badinh on 19/11/2022 - 16:27

      @frugalftw: Yes, I also could not think about the case that mattress was stolen. It is a queen-size spring mattress, more than 50 kg, 1.6 m in height and 0.5 m in width at least (assumed it is rolled in a box) and should need two men to handle it comfortably.

      I did ask Amart Customer Care about the refund. They agree but need to have the item back before progressing with the request. That is ridiculous in my case since I have never had it.

      • frugalftw on 20/11/2022 - 13:09

        Yes I had dealt with that too, it's really not your issue though where that one is. So you'll have to be very firm :)

  • Hardlyworkin on 19/11/2022 - 15:03
    +2

    Before making a decision, it's always best to sleep on it.

    • badinh on 19/11/2022 - 16:28
      +1

      Totally agree.

  • GordonD on 19/11/2022 - 15:04
    +2

    You wanted something delivered to your door ON THE 3RD FLOOR? Well, there's you're problem. The delivery guy looked at that instruction, laughed, and left it outside the front door on the ground floor, and it got nicked.

    But, seriously, you gave them an instruction that said it was OK to leave it in a non-secure location. So all they have to do is say they did, and if it got nicked its your problem.

    • badinh on 19/11/2022 - 16:39
      +1

      @GordonD: I have lived in my place for four years receiving hundreds of deliveries from Amazon, Ebay, Woolies, Coles, Officework, JBhifi … What is wrong with living on the 3RD FLOOR?

      Do you mean in this case the mattress is so heavy that the delivery man could not handle it to the 3rd floor? If so, they should arrange another delivery service before they dispatch the item, and let me know in advance. And then, if they "left it outside the front door on the ground floor", it is their problem, not mine, since I asked to put the item in front of my door.

      Meanwhile, when the place in-front-of-my-door is not 100% safe, it is too hard for me to accept that someone stole it at that place. The mattress is pretty heavy and on the 3rd floor. It is more likely that it was delivered to an incorrect address.

      • iCandy on 20/11/2022 - 11:35
        +1

        Most bulky delivery items are left at the front door and delivery drivers will not even help you move the item, let alone carry it up 3 flights of stairs. I’d say someone in your block of units has a new mattress.

      • dcep on 20/11/2022 - 12:40
        -1

        I have seen big-ass fridge brand new in box, left unattended in the middle of ground foyer.

        You can continue to fight your expectation, pointing out who's right or wrong and then proceed to do the same thing again in future,
        it's your call, your time, your hassle/trouble that you chosen to happily risk the chance of dealing with this situation again.

    • TrustNoBody on 20/11/2022 - 11:01

      someone signed for it , plus most places have lifts

  • Derrick Crane on 19/11/2022 - 17:00
    +3

    In my experience a delivery driver usually takes a photo of the product in-situ. If Shippit cannot provide this then you have a claim.

    • badinh on 20/11/2022 - 09:00

      Agree, thanks Derrick.

      he problem is that it is likely Shippit will not provide such photos. They may already put the mattress, not in front of my door on the 3rd storey, but on the ground level where is pretty much exposed to pedestrians. Another possibility is Shippit delivered the mattress to an incorrect address where the delivery was signed by a strange name, as informed to me by a lady of Amart Customer Care.

      So, it is likely that both Shippit and Amart will be obstructive and inept, without providing any photos and such, what should I do?

  • 2esc on 20/11/2022 - 08:49
    +1

    It is possible it was delivered to the front door on the ground floor. Any cctv? Front door visable from street? Heavy means nothing to thieves im more inclined to think it was stolen by a passer by or neighbour.

    • badinh on 20/11/2022 - 09:04

      Yes, it is a possible case. If the mattress was put on the ground level (which is exposed to pedestrians), and then it was stolen, who is liable for this lost item? Shippit, Amart or me?

      Is there any chance I will get my money back? And how? thanks.

      • jjjaar on 20/11/2022 - 10:18
        +1

        If the mattress was put on the ground level (which is exposed to pedestrians), and then it was stolen, who is liable for this lost item? Shippit, Amart or me?

        I would say shippit as you only gave authority to leave on the third floor, not the ground. They did not complete the delivery.

        IMO leaving something on the ground floor when you live on the 3rd is the same as leaving it a block away. It’s not the delivery address, and they have not satisfied their end of the delivery agreement.

        But you still need proof that that’s where they left it.

        • badinh on 20/11/2022 - 10:25

          Thanks @jjjaar, I have the same thought as you. I will make a firm statement with Amart and chase them for Proof of Delivery, and then a refund since the mattress was likely lost at the fault of the delivery service.

        • turbochris on 20/11/2022 - 11:27

          But you still need proof that that’s where they left it.

          Nope OP doesn't need to prove anything. Amart need to prove that they delivered it OPs door.

          • jjjaar on 20/11/2022 - 12:14

            @turbochris: That’s what I meant, sorry, proof needs to be provided of where it was delivered from shippit/amart.

            If shippit/amart show a photo of anything other than OPs front door on the third floor (or can’t provide a photo), then OP can argue the above as I explained.

  • Deridas on 20/11/2022 - 12:13
    +1

    Just playing the devil's advocate. A heavy mattress up 3x sets of stairs? I'm somewhat sure you have to pay extra for movers to go up the stairs. If you haven't specified that when you purchased the couriers would've likely left it on the first floor anyway, or refused to take it up the stairs even if you were there. So you up gave them authority to leave, so they probably left it on the ground floor.

    • jjjaar on 20/11/2022 - 12:15

      Nah that’s included in a mattress delivery price, that’s why you pay for delivery.

      There was a brief period in 2020 where they cited “covid” for not being able to enter buildings, but that’s no longer the case and just pure laziness.

  • archiexyz on 01/12/2022 - 11:35
    +1

    Some suppliers have a clause in the delivery T&Cs that they will not deliver up stairs for large/bulky items, in which case it won't matter what you wrote in the comments. Might be worth checking what the delivery T&Cs were in this instance.

  • badinh on 02/12/2022 - 19:42

    Thank you everyone ☺️ I have received my money back in full amount.
    Thanks to @Agorafish advice, I sent an email to Amart for a new mattress or a full refund. They approved the latter option. The case has been closed.
    I appreciate the support of our OZ guys. Thank you :)

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