Rights when online orders get lost or don't arrive

When you order goods online, you enter into a contract with the seller. In terms of the Consumer Rights Act 2015, the goods must be delivered to you within 30 calendar days unless you have agreed a shorter or longer period with the seller. However, if an online order gets lost or doesn’t arrive, you have a range of rights and options.

Request a redelivery

If the item you have ordered doesn’t arrive by the agreed date or within a reasonable time, you can ask the seller to deliver it again.

Request a refund

If the item is not delivered by the agreed date or within a reasonable time, you can cancel your order and ask for a refund.

Who is responsible for the delivery?

The seller is responsible for the delivery of the goods you have ordered. You should never be asked to contact the courier about the delivery. It is for the seller to resolve any issues with delayed delivery or lost goods in transit, not you.

What happens if the seller claims the goods were delivered but you don’t have them?

When goods do not arrive as expected, check that the Royal Mail or the courier hasn’t left them with a neighbour or in a safe place you have previously advised them about. If the Royal Mail or courier do leave the goods with a neighbour or in your nominated safe place, they will usually mark this on a card and put it through your letterbox or they will inform you by text or email.

Frequently, couriers take a photo of the delivery when leaving it in a safe place and this is then uploaded to their website and the seller’s website. This allows you to check your order and view the photo.

It is the seller’s responsibility to locate lost goods and ensure their correct delivery.

Can I claim on my credit or debit card for a lost delivery?

If you paid for the goods by credit card and value is over £100, you can lodge a Section 75 claim with your credit card company. Section 75 of the Consumer Credit Act 1974 allows you to ask your credit card company to refund the amount you have paid and they can then resolve the issue with the seller.

If the value of the goods is under £100 and is paid with a debit or credit card, you can use the chargeback rules. When you lodge a claim with the card issuing company, they will ask for an explanation of the position, create a dispute case and decide on the validity of the claim. If found in your favour, they will reverse the charge on your card and return the money to your account.

What happens if the seller refuses to issue a refund?

If the seller refuses to issue a refund, you can report them to trading standards. You can also raise a claim through the courts for breach of contract, based on the seller’s failure to deliver or deliver later than the required date. In the latter circumstance, you will clearly need to reject and return the goods due to their late arrival before raising proceedings.

For further help and advice, please contact Joshua:

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.

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