Goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the trader must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.
If an item has been left and then stolen it is your responsibility if you provided details for a “safe place”. You are agreeing to it being safe! If there is a chance that it could be stolen don’t use it as a safe place! Common sense really! It has become your property as the retailer has left the item where you specified. You could possibly try and claim from your insurer.
However, if some fool has put it in a wheelie bin and it’s a bin day then the service has not been carried out with reasonable skill and care and you are entitled to a full refund.
A common mistake people make is to contact the courier and some retailers will try and fob you off and make you do this. However, your contract is with the trader, their contract is with the courier. Here is a template letter for when things go wrong with a delivery (put in your own information instead of the writing in bold).
Use “faithfully” when it is “Dear Sir/Madam” and “sincerely” where you know the name of the person to whom you are writing) and replace the bold with your information!
There are some exceptions to this such as bespoke items. Whether or not return postage has to be paid depends on the trader’s terms and conditions. If you paid extra for speedier delivery and it wasn’t delivered within this time you are entitled to the charge back. If the item is faulty you do not pay return postage and you should receive the full cost of any postage paid for sending the item to you.
You are also entitled to any out of pocket expenses if the company don’t turn up when they say they will, such as time off work wages if you have to arrange another date for delivery.
The Consumer Rights Act 2015 provides specific coverage for digital content. Digital content must not be supplied by the retailer within the 14 cooling off period unless the customer has agreed to it and that once the download starts the cancellation right is lost. If the customer does not give consent then s/he will have to wait until after the 14 days before downloading. Having bought the wrong download and realising it before I actually downloaded but before this new law came out I welcome this Act! All I could do was tell them that the Law was changing!
The aforementioned Act also states that goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the trader must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.
Of course, deliveries must also be carried out with reasonable skill and care. See my experience with the Body Shop here. I was on the ITV news regarding that story, I gave advice which they cut and Martin Lewis said if we complained more then service would improve. Something that followers of me on Twitter and read this blog know that I bang on about a lot!
What if your plant pot denies signing for your parcel? Well the delivery company won’t have proof of the signature (I assume of course, I may be wrong) and if your parcel isn’t there, say because I don’t know, it’s out in the open on a busy road and it’s a really stupid place to put it, what do you do?
By providing details for a “safe place” you are agreeing to it being safe! If there is a chance that it could be stolen don’t use it as a safe place! Common sense really! It has become your property as the retailer has left the item where you specified. You could possibly try and claim from your insurer.
If however, some fool has put it in a wheelie bin and it is bin collection day and you don’t get the parcel then it has not been delivered with reasonable skill and care and you are entitled to a full refund.
How to complain about deliveries
Mind you, Laura (the presenter) said the carpet was cream. She must have thought the carpet was filthy because it was never cream! It is a dark pinky purple beigey type thing!
To whom do you complain when deliveries go wrong?
I see so much people complaining about the courier company. Unless you paid the courier company direct (extremely unlikely when purchasing items online) your contract is with the retailer. So when a courier company, let’s call it Model, is utterly useless and leaves your package somewhere to be stolen or throws it in the garden breaking the contents, it is the retailer from whom you claim.
Even if they try and fob you off and say contact Model, don’t. The retailer can deal with the courier and perhaps when they’ve had enough complaints they’ll drop the contract and use a better firm. If you have difficulties you can go to the CEO of the company to whom you paid the money and find their contact details from ceoemail.com
If you need the retailer to pick up the item because it is bulky, put the request in writing (why it is important to write not phone) provide a deadline for when they can pick it up or you will dispose of the item.
What are your rights when returning items at Christmas?
Should consumers order an item from an advertisement in a newspaper which is signed up to the Safe Home Ordering Scheme (previously known as the Mail Ordering Protection Scheme) they can get their money back if the trader goes into liquidation or stops trading. Keep a copy of the advert when ordering until the item has been received.
If you use a courier firm to deliver something (e.g. you have sold something on an auction site) and there is a problem it can be VERY frustrating to contact them and get the matter resolved. Once an item is lost it appears to very rarely appear again!
It is in breach of the Consumer Rights Act 2015 for not providing services with reasonable skill and care and if it has lost an item you are entitled to a full refund. You will at the very least be entitled to a refund of the delivery cost. Whether you are entitled to the cost of the value of the item is unfortunately debateable and may depend on which courier you used, whether you paid for cover and whether your item is exempt from insurance.
Be careful for example when using companies like Parcel2Go which appears to take an insurance payment for items that are not covered. (It is a very long list!) One could consider that this is a breach of the Consumer Protection from Unfair Trading Regulations 2008 for being misleading and being an unfair contract. However this has yet to be tested in court and I would be delighted to help anyone try it and set a precedent which could stop this practice!