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Is there anything I can do about this?



studio150

Well-known member
Jul 30, 2011
30,237
On the Border
I have just been reading the full Hermes terms and conditions. These are a complete shambles and have obviously been written by someone who does not have an attention for detail and do not dovetail with the comments elsewhere on their website. Just a few examples of their gems:

Definitions:

“Excluded Items” means Goods that we do accept for carriage but are sent at your own risk and in respect of which we do not accept any liability for Loss or Damage or Late Delivery, including: Excluded Goods.

However webpage on excluded items clearly states that these items are excluded from compensation for damage. But the full T&C says excluded from loss or damage

“Loss or Damage” means loss of or damage to a Parcel or Goods.

Brilliant defining a word by using the same word thereby not defining it at all

“Prohibited Items” means Goods that we do not accept for carriage, including: Excluded Items.

But excluded items are accepted for carriage but excluded for compensation for damage. But no the full T&C say excluded items are infact not accepted for carriage.


You must not supply to us any Prohibited Items;

Which given the definition of Prohibited items in the T&C you must not supply any excluded or prohibited items


We do not accept liability for Loss or Damage or Late Delivery where ..... the Goods or Parcels involved are Prohibited Items;

Given the definition of Prohibited items in the definitions of full T&C excluded items are also deemed to be prohibited items.


So are Hermes saying that as Electrical or Electronic equipment are listed as excluded items, in the full T&Cs they are within the definition of Prohibited items and therefore we can damage them or lose them and you get nothing.

While not a legal expert on contracts, it would seem to me that their contract given the ambiguity is void and the benefit must be given to the purchaser.

I assume that the Citizens Advice people will be willing to assist
 




Eggmundo

U & I R listening to KAOS
Jul 8, 2003
3,466
I'm intrigued to find out what happens with this.

I have no involvement other than reading this thread but I'm actually quite p'd off with Hermes..I might email them anyway and quote this thread.
Bunch of shysters.
 


TotallyFreaked

Active member
Jul 2, 2011
324
Drop the CEO a call or email.....cant hurt....I did the same with Sky and my problem was resolved within an hour.

Hermes Parcelnet UK

Ms Carole Woodhead Chief Executive

Email Carole.Woodhead@hermes-europe.co.uk
Telephone 0330 333 6556
Website http://www.hermes-europe.co.uk
Social Media T

Postal Address Capitol House 1 Capitol Close, Morley, Leeds, West Yorkshire, LS27 0WHM
Company Number 03900782C
Company Status Active (Established 22/12/1999)

Thanks, I will email the CEO tonight and see what response I get.

Maybe I should put in an extra cheeky compsensation claim for the collective NSC advice. Just Let me know your fees and will get it sorted.
 


perseus

Broad Blue & White stripe
Jul 5, 2003
23,461
Sūþseaxna
A slight tangent: I've found second-hand laptops to be bad news. The batteries are alwyas knackered so only OK if you use the mains.

The first I put down to bad luck. It was a con.
The second was an instant emergency for an earner, which covered the cost.
Third time, I wanted the software on it, but it was still a poor buy. Earned on it though.

All necessary cause I do presentations and the software has to match the projector which is a right bane.
 


Shropshire Seagull

Well-known member
Nov 5, 2004
8,790
Telford
Few years back I sold a s/h laptop on eBay and sent it ParcelForce 48
Buyer had a different PayPal address to their eBay address so it was sitting arround the sorting office for a week before buyer called in to collect it.
Screen was busted and buyer accused me of sending it like that.
I asked then to send it back to me and then I filled out the Post Office compo form and sent item to their claims office in Plymouth.
Post Office paid me compo, I refunded buyer, and with compo bought and fitted another screen and sold again.
Only downside was buyer gave me negative feedback on eay even thought I followed the process to the letter ....

In my many dealings with eBay, and in particular using PayPal, they have always favoured the buyer.

Did you use PayPal? Defo worth getting them involved as they do side with buyers ....

As others have said, I don't see that Hermes can just walk away and say "tough".
Getting this to TV Watchdog on BBC could be a smart move [mention it in your email for CEO]
 




Surrey_Albion

New member
Jan 17, 2011
2,867
Horley
Drop the CEO a call or email.....cant hurt....I did the same with Sky and my problem was resolved within an hour.

Hermes Parcelnet UK

Ms Carole Woodhead Chief Executive

Email Carole.Woodhead@hermes-europe.co.uk
Telephone 0330 333 6556
Website http://www.hermes-europe.co.uk
Social Media T

Postal Address Capitol House 1 Capitol Close, Morley, Leeds, West Yorkshire, LS27 0WHM
Company Number 03900782C
Company Status Active (Established 22/12/1999)

100% this, having worked in logistics don't waste time with call centres and customer "care" try depot manager then if no reply after one day go straight to the MD and it will get sorted
 








TotallyFreaked

Active member
Jul 2, 2011
324
Just to update you I emailed the CEO last night as suggested by some on here. This morning I have received a reply on her behalf and they have agreed to refund me £107.99 although they are still saying they are not liable. If anybody wants to see their response I will post it on here. Great result and thanks for all your help but a shame that you have to fight for it!

I insured it for only £100 as I felt that the actual value was not worth much more than that (The seller originally offered my a partial refund if I did not return it) and as I was paying the postage it seemed a sensible amount to insure the item.

My question is whether I should now go through Paypal to recover any of the rest of the money (£100) or I should have insured it for higher and it is my loss? I wondered whether as a compromise I could request a partial refund on the other £100 (I am currently in a Paypal dispute) especially as if the seller was to have his Ebay fee refunded as a non sale then he may not be much out of pocket.
 


StonehamPark

#Brighton-Nil
Oct 30, 2010
10,133
BC, Canada
Just to update you I emailed the CEO last night as suggested by some on here. This morning I have received a reply on her behalf and they have agreed to refund me £107.99 although they are still saying they are not liable. If anybody wants to see their response I will post it on here. Great result and thanks for all your help but a shame that you have to fight for it!

I insured it for only £100 as I felt that the actual value was not worth much more than that (The seller originally offered my a partial refund if I did not return it) and as I was paying the postage it seemed a sensible amount to insure the item.

My question is whether I should now go through Paypal to recover any of the rest of the money (£100) or I should have insured it for higher and it is my loss? I wondered whether as a compromise I could request a partial refund on the other £100 (I am currently in a Paypal dispute) especially as if the seller was to have his Ebay fee refunded as a non sale then he may not be much out of pocket.

Yeah I'd love to see the response if that's ok?

With regards to opening a Paypal dispute.
The seller was complying with you and asked you to send the item back.
You sent the item back - which didn't arrive with the seller - therefore your only claim can be with the courier.
The seller has no requirement to refund (or compensate) you anything and neither do Paypal.

It sucks, but you should have insured the item to nearest it's value for this eventuality.
 


TotallyFreaked

Active member
Jul 2, 2011
324
Here's their reply. I am not sure I still understand what they are saying!


Regarding parcel number: 1054195245918482


My name is Julie Sykes and I respond to CEO Complaints on behalf of Carole Woodhead. I have personally been asked by Carole to respond to you on her behalf.



I would like to begin by offering my sincerest apologies in respect to the delivery of your parcel and for the inconvenience that this incident has caused.



In reference to your item been excluded from compensation you followed a 5 step process to complete the contract on line:



1. Price

2. Parcel Details

3. Collection

4. Delivery

5. Payment



As part of this five step process, you were informed that there are some goods that are excluded from compensation and that there are some items that we cannot deliver. This was explained to you before the contract came into existence.



The webpages for step 1 (Price) and 2 (Parcel Details) clearly state that there are some items that are excluded from compensation. These webpages also advise customers to go to the excluded items section to check the full list of items that are excluded from compensation, by clicking on a link. Further, as part of the contractual process, you ticked a box to indicate that you had read and agreed to myHermes terms and conditions of carriage.



Clause 7 of myHermes terms and conditions of carriage states:



7.1 We do not accept liability for Loss or Damage or Late Delivery where:



(i) the Parcel involved is a Parcel that we do not accept for carriage



(ii) the Goods or Parcels involved are Prohibited Items; and/or



(iii) the Goods or Parcels involved are Excluded Items.



Excluded items are defined as “Goods that we do accept for carriage but are sent at your own risk...." This paragraph also contains a link and had you clicked on it, you would have been taken to the excluded items section.



The excluded items section contains a video, illustrations and a full list of goods that are excluded from compensation and prohibited. This list of excluded goods from compensation includes:



•Electrical or electronic items




We note that as part of the contractual process, the description that you gave for the parcel was " Tablet "Given that your parcel falls into the exclusions from compensation.



After careful consideration and on this occasion only I have authorised for your claim to be accepted. As the item value exceeded the compensation level you selected for this parcel, the claim value has been calculated by adding together the compensation level with the postage value.



• Compensation level: £100.00

• Selling price: £199.99

• myHermes postage: £7.99



Please allow 5-7 days for the payment to be processed back to the payment method you initially used to book your parcel.



We can understand your disappointment regarding the loss of your parcel, but on this occasion, we cannot offer you any additional compensation. Please accept our sincere apologies for losing your parcel.



Kind regards



Julie Sykes


Customer Relations Advisor

myHermes Customer Relations Department
 




StonehamPark

#Brighton-Nil
Oct 30, 2010
10,133
BC, Canada
Clause 7 of myHermes terms and conditions of carriage states:

7.1 We do not accept liability for Loss or Damage or Late Delivery where:

(iii) the Goods or Parcels involved are Excluded Items.

If that's genuinely the case with Hermes, I'll make every effort to never use them.

They don't cover ANY electronics in the event of loss or damage.

What we have learnt is that they are emphatically unclear of their terms online and that you're damn lucky to have gotten £100+ back.

---------

Again:

"Please view the below list to see items that are excluded from compensation for damage and items we do not accept for carriage."

AND

"COMPENSATION TERMS
What level of compensation do you offer?
We offer compensation for the loss, damage or theft of items worth up to the value of £25 as standard. If you are sending items with a higher value, we also offer compensation up to the value of £100 and £250 for a small fee.

However, there are some items that we do not cover for damage. Please ensure that you check our comprehensive list of excluded items before shipping. If you choose to send any items that appear on this list, it is done so at your own risk.

We will not compensate any items that are prohibited from entering the network."


---------

NO mention of terms relating to LOSS until you dig deep into their website and find the full T&C's.
Absolutely ridiculous that they don't cover any electronics.
 
Last edited:


studio150

Well-known member
Jul 30, 2011
30,237
On the Border
Here's their reply. I am not sure I still understand what they are saying!


Regarding parcel number: 1054195245918482


My name is Julie Sykes and I respond to CEO Complaints on behalf of Carole Woodhead. I have personally been asked by Carole to respond to you on her behalf.



I would like to begin by offering my sincerest apologies in respect to the delivery of your parcel and for the inconvenience that this incident has caused.



In reference to your item been excluded from compensation you followed a 5 step process to complete the contract on line:



1. Price

2. Parcel Details

3. Collection

4. Delivery

5. Payment



As part of this five step process, you were informed that there are some goods that are excluded from compensation and that there are some items that we cannot deliver. This was explained to you before the contract came into existence.



The webpages for step 1 (Price) and 2 (Parcel Details) clearly state that there are some items that are excluded from compensation. These webpages also advise customers to go to the excluded items section to check the full list of items that are excluded from compensation, by clicking on a link. Further, as part of the contractual process, you ticked a box to indicate that you had read and agreed to myHermes terms and conditions of carriage.



Clause 7 of myHermes terms and conditions of carriage states:



7.1 We do not accept liability for Loss or Damage or Late Delivery where:



(i) the Parcel involved is a Parcel that we do not accept for carriage



(ii) the Goods or Parcels involved are Prohibited Items; and/or



(iii) the Goods or Parcels involved are Excluded Items.



Excluded items are defined as “Goods that we do accept for carriage but are sent at your own risk...." This paragraph also contains a link and had you clicked on it, you would have been taken to the excluded items section.



The excluded items section contains a video, illustrations and a full list of goods that are excluded from compensation and prohibited. This list of excluded goods from compensation includes:



•Electrical or electronic items




We note that as part of the contractual process, the description that you gave for the parcel was " Tablet "Given that your parcel falls into the exclusions from compensation.



After careful consideration and on this occasion only I have authorised for your claim to be accepted. As the item value exceeded the compensation level you selected for this parcel, the claim value has been calculated by adding together the compensation level with the postage value.



• Compensation level: £100.00

• Selling price: £199.99

• myHermes postage: £7.99



Please allow 5-7 days for the payment to be processed back to the payment method you initially used to book your parcel.



We can understand your disappointment regarding the loss of your parcel, but on this occasion, we cannot offer you any additional compensation. Please accept our sincere apologies for losing your parcel.



Kind regards



Julie Sykes


Customer Relations Advisor

myHermes Customer Relations Department

I'm sure you're feed up with Hermes, but it would be interesting if you went back to Julie and asked for her observations on both the website and the information that you were given when talking with an employee earlier.

Firstly you were told that no compensation would be paid due to the carriage of battery, but this it seems from the details from Julie is not the reason, so why were you provided with incorrect information at the outset.

Secondly what are Julie's comments on the web page link that clearly states that electrical items are excluded from compensation from damage. As the item has not been damaged but lost by Hermes why are they effectively only paying an ex-gratia payment as opposed to covered compensation.

Also given the poorly written T&C if you had the time you could have a lengthy period of correspondence with them.

Also clearly the details of the refund from Hermes is just a template and no thought has taken place into the issues. I assume that they are doing this to reserve their position in case you took legal action against them.
 


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