If you've ever waited for a parcel that never turned up, you're not alone. Failed deliveries are one of the most frequent complaints handled by consumer teams, leaving many wondering where they stand legally. The key thing to remember is that your contract is always with the retailer, not the delivery company.
Your Legal Rights When a Parcel Goes Missing
According to consumer expert Scott Dixon, the first and most crucial step is to contact the retailer directly. Your contract is with the seller, and it is their legal responsibility to ensure your order is delivered safely to you under the Consumer Rights Act 2015. They are the ones who must investigate with the courier firm they hired and inform you of the item's status.
Dixon highlights Section 29(2) of the Consumer Rights Act, which clearly states that the goods remain the trader's risk until they are in the physical possession of the consumer, or a person the consumer has authorised. The retailer's options are straightforward: they must either issue you a full refund or rearrange for the goods to be delivered.
Should the retailer be uncooperative, your next line of defence is to raise a chargeback with your bank or credit card provider. This must be done within 120 days of making the purchase or payment.
The Hidden Risk of 'Safe Place' Instructions
Many consumers attempt to solve delivery problems by leaving instructions for the courier, but this single act can void your rights. Dixon warns that if you specifically instruct the retailer to leave the item in a porch, shed, or another designated 'safe place' and it is subsequently stolen, you assume responsibility.
The retailer and courier have simply followed your directions, and as a result, you may lose your right to a refund or replacement. This is a critical pitfall for shoppers to avoid.
Navigating the Perils of Returns
Under the Consumer Contracts Regulations 2013, you have a 14-day cooling-off period to return most non-bespoke items. Retailers typically facilitate this by providing a returns label or a link to their policy, often involving a drop-off at a local convenience store.
However, a significant risk emerges here. Convenience stores often state you will receive an email receipt, but this doesn't always happen, leaving you without proof if the goods vanish in transit. To protect yourself, adopt the same practice couriers use: take a photograph of the goods at the point of handover and insist on a physical receipt.
Dixon states that if a return goes missing, retailers often incorrectly claim it is the courier's fault. He emphasises that this is a blatantly untrue fob-off. Your contract remains with the retailer, as you are following their return instructions. The responsibility for the safe return of the goods lies with them under the Consumer Rights Act.
You must push back hard, citing 'breach of contract' under the Consumer Rights Act 2015 to get a full refund. If the retailer remains unresponsive, you can raise a chargeback with your bank, again citing breach of contract. As a final measure, you can take your case to the small claims court in England and Wales, or use the equivalent legal channels in Scotland and Northern Ireland.
In situations where a company fails to provide specific returns instructions, your contract is then primarily with the courier. Even so, Section 49 of the Consumer Rights Act requires that the service be performed with reasonable care and skill, offering you a degree of protection.
