{"product_id":"vragen-72992-goedemorgen-ik-heb-in-april-via-xxx-een-grote-buitenkeuken-besteld-die-bezorgd-zou-worden-door-xxx","title":"Arrange compensation after delivery?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Good morning,\n \nIn April, I ordered a large outdoor kitchen through xxx, which was supposed to be delivered by xxx on April 23rd. The delivery drivers arrived around 3:22 PM. Everything was captured on security cameras. Without consultation, ringing the doorbell, or permission, they backed their truck into our driveway because our entrance gate happened to be open at the time. While maneuvering, they hit a tree on the right side of the driveway (viewed from the house) because the driver reversed too sharply while the passenger was watching. The tree lost large chunks of thick branches, mutilating and destroying the inner side (the left side of the tree as viewed from the house), leaving a large hole. It's no longer symmetrical with the other tree on the left side of the driveway, and the tree has become unsightly. It could take many years for it to recover, which our gardener doubts. The tree needs to be replaced (it's 19 years old).\n \nI didn't witness the incident myself, but my wife did. I noticed it (within two minutes) when they were parked at the house with their truck. I immediately confronted them about it. They initially acted as if nothing had happened, but then immediately admitted they'd wrecked it.\n\n I immediately called xxx (where I ordered it) and informed them of the incident. It's also important to note that they delivered the outdoor kitchen without a pallet jack or forklift. It's a large thing, weighing 250kg. They said they didn't know how to lift it out of the truck. I told them I'd go to my neighbor and ask him to take it out with his forklift. When I walked over (a minute's distance) and was about to ring the doorbell, I saw the truck drive away without consulting them. I was stunned; they took the outdoor kitchen and left me with nerve-wracking damage.\n \nI contacted a Mrs. K... from xxx via xxx regarding the claims handling. I sent her photos and the camera footage, which clearly show everything. You see the drivers approaching, reversing, breaking tree branches, pulling into the driveway, and you see me walking towards the passenger, etc.\n\n I believe I am fully entitled to compensation and\/or replacement of my tree.\n\n I would appreciate your advice on this matter and your views on my rights.\n\n P.S. The internet is full of negative reviews about xxx, the damage they caused, and the poor handling of the claims department, especially about Mrs. K. It seems like they experience this daily and just reject everything. XXX needs to be dealt with properly. I even propose starting a major lawsuit against xxx and all the victims for all the damage and misery they have caused.\n\n See below my correspondence with Mrs. K... of xxx.\n\n 1-\n\n \"Ir\/Madam,\n \nWe have received a report that damage was caused to your home during the delivery on behalf of xxx NV (Logistics) on 2020-04-24.\n In order to further process your damage report, we would like to receive the following information:\n - Did you see the damage occur?\n - How exactly did the damage occur?\n - Has the damage been discussed with the courier in question?\n Without the above information it is not possible for us to further determine liability.\n Awaiting your response.\n\n If you wish to respond by email, please include reference number #SV-xxxx# in the subject of the email.\n\n Yours sincerely,\n Kind regards,\n\n F...”\n\n 2-\n\n “Hi K...,\n\n I didn't see the damage myself. I only noticed it later (five minutes after the incident), when I was walking toward the gate to borrow a pallet jack from the neighbor. However, the damage itself was captured on camera and recorded.\n \nThe damage was caused by the driver and front passenger's carelessness. The front passenger saw what was happening—the driver destroying the entire left side of the tree—but he simply let it happen. For the security camera recording and photos, see the attachments.\n\n I immediately told them what they'd done, and they acted like they didn't care. I told them I'd go to the neighbor's to borrow a pallet jack so they wouldn't have to lift the BBQ, and that I'd be back in a few minutes. While I was at the neighbor's, I saw them drive away (I hadn't even spoken to my neighbor yet). They immediately took off as soon as I left. That's extremely antisocial!\n\n The entire left side of the tree, looking from our house toward the gate, is broken and deformed. I want you to replace the tree or pay for its replacement and all the damage. It's a 19-year-old tree.\n\n Kind regards,”\n\n 3-\n\n “Dear Mr. xxxx,\n\n This brings us back to the above issue.\n \nWe have processed your damage report dated 2020-04-24 00:00:00. You indicate that your tree was damaged during delivery of your product on 2020-04-24 00:00:00.\n\n You didn't see the damage occur and only discovered it afterward. We also didn't see the incident unfold on the camera footage you sent. Therefore, we cannot determine liability.\n\n Based on the above information, we cannot process your claim any further. We regret that we cannot provide you with better information.\n\n If you disagree with our decision, you can appeal by sending us additional information showing otherwise.\n\n Assuming this information is sufficient for you.\n\n If you wish to respond by email, please include reference number #SV-xxxx# in the subject of the email.\n\n Yours sincerely,\n Kind regards,\n\n F...”\n\n 4-\n\n \"Specifications...,\n \nI didn't see it happen myself, but my wife did. I saw it myself after a few minutes when they were driving their car into the driveway, and I immediately confronted them. The camera footage and photos clearly show the delivery drivers destroying the tree, and they even admitted to it. It's very clear this. The damage was caused by your driver and company. We captured all the footage with multiple cameras. You can make it easy or difficult. But then I'll engage my lawyer and start legal proceedings against xxx, claiming the legal costs, legal fees, material and immaterial damages, and all the time I've spent so far and will spend at my normal hourly rate, which I also charge my clients as advisors for xxx. All in all, the costs for you will rise considerably. All the footage is clear, and my wife witnessed the incident, and your delivery drivers even admitted it themselves. Furthermore, the damage was reported to xxx within ten minutes of the incident, and he informed you immediately.\n\n \nJust tell me, K..., are you going to resolve this amicably, or should I hire a lawyer and start legal proceedings? Either way is fine with me, because I'm completely within my rights.\n\n Kind regards,\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n You must hold them liable through an official legal process, and then you can add your wife's testimony—both visual and audio—briefly and factually. This will ensure that the matter is treated more seriously and likely passed on to the insurer. I can legally represent you; please contact me. Question: Has the outdoor kitchen been delivered yet, and have you not yet paid for everything?\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer, it was delivered the next day on April 24th by other Dynalogic delivery people.\n\n I would appreciate it if you could help make my story legal.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301791543645,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-72992-goedemorgen-ik-heb-in-april-via-xxx-een-grote-buitenkeuken-besteld-die-bezorgd-zou-worden-door-xxx","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}