united-kingdom england-and-wales consumer-protection
Has risk been transferred to the consumer?
<p>I have a question about the <code>passing of risk</code> in the <a href="http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted" rel="nofollow">Consumer Rights Act 2015</a>, in the context of the <a href="http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations" rel="nofollow">Consumer Contracts Regulations</a>.</p>

<p>If I order something addressed to myself, but at the address of my office, which has a reception, is that the equivalent of nominating reception to take possesion of the goods. Has the risk transfered to me?</p>

<p>Alternatively, are the goods delivered to reception counted as having already come into my physical possession in this situtation?</p>

<p><strong><a href="http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations" rel="nofollow">Summary:</a></strong></p>

<blockquote>
  <p>The Consumer Rights Act, which came into force on 1 October 2015, says that the retailer is responsible for the condition of the goods until the goods are received by the consumer, or by someone else they have nominated to receive them on their behalf like a neighbour.`</p>
</blockquote>

<p><strong><a href="http://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted" rel="nofollow">Wording:</a></strong></p>

<blockquote>
  <p>Passing of risk</p>
  
  <p>(1) A sales contract is to be treated as including the following provisions as terms.</p>
  
  <p>(2) The goods remain at the trader’s risk until they come into the physical possession of—<br>
      (a) the consumer, or<br>
      (b) a person identified by the consumer to take possession of the goods.</p>
  
  <p>(3) Subsection (2) does not apply if the goods are delivered to a carrier who—<br>
      (a) is commissioned by the consumer to deliver the goods, and<br>
      (b) is not a carrier the trader named as an option for the consumer.</p>
  
  <p>(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.</p>
  
  <p>(5) Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.</p>
  
  <p>(6) See section 2(5) and (6) for the application of this section where goods are sold at public auction.</p>
</blockquote>

<p>Possession of something that is delivered by post or courier takes place when it is wholly within the property to which it is addressed. At that point it has been delivered. It you nominated the address then it has entered the possession of someone nominated by you.</p>
