"It's not our fault" and "it's not our problem to fix" are two very different claims — only one of them is actually true.
They can say the courier caused it, but that doesn't change who's responsible for fixing it. Fault and responsibility are two separate questions here, and it's easy for a seller's response to blur them together. Under the UK's Consumer Rights Act 2015, your contract for the goods is with the retailer, and it's genuinely irrelevant to your rights whether the damage was the courier's fault, a packing error, or a manufacturing defect — the retailer owes you a remedy either way. The same logic holds in the US: whatever business relationship exists between the seller and their chosen carrier is separate from the seller's obligation to deliver what you paid for in sellable condition.
| United States | United Kingdom | |
|---|---|---|
| Legal basis | State consumer protection and implied warranty law | Consumer Rights Act 2015 |
| Who's responsible to you | The seller — your transaction is with them, not their chosen carrier | The retailer — explicitly, "it's up to the retailer to address the situation regardless of whether the product was damaged in transit or not" |
| Seller's relationship with the courier | A separate business matter — any contractual claim the seller has against the carrier doesn't involve you | Same — the retailer can investigate and pursue the courier under their own contract terms, but this happens after (or alongside) resolving your claim, not instead of it |
| Does fault matter to your claim? | No — your remedy doesn't depend on establishing who specifically caused the damage | No — the same principle applies under UK consumer law |
This is worth internalizing because it changes how a dispute conversation should go. If a seller opens with "that must have happened with the courier," the correct response isn't to argue about whose fault it was — it's to point out that fault doesn't determine who owes you the fix.
You're not obligated to use this, and it can actually work against you — courier claims processes are typically designed for the business shipping the item, not the end consumer, and may have different (often weaker) protections than your rights against the seller directly.
This conflates fault with obligation. The retailer's duty to deliver goods in good condition isn't conditional on them personally having caused the damage.
Whatever the seller's own insurance or courier contract limits are, that's not your problem — you're entitled to a full remedy from the seller regardless of what they can separately recover.
"I understand you believe this happened with the courier, but my contract for this purchase is with you as the seller. Under [the Consumer Rights Act 2015 / consumer protection law], you're responsible for resolving this directly with me — I'd like a [replacement/refund] arranged, not a courier claims process."
Use Kibbo's Parcel & Delivery tools to put the responsibility back on the seller, with the exact legal basis included.
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