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Delivery Failures and the Consumer Rights Act

TravelUK-wideLast reviewed: 1 April 20256 min

Late and failed deliveries are one of the most common consumer complaints in the UK. Under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013, you have clear rights when goods do not arrive on time — including the right to cancel and get a full refund if delivery fails within the agreed timeframe.

Key points

  • Goods must be delivered within the agreed time or, if no time was agreed, within 30 days of the contract.
  • If goods are not delivered on time, you can set a new deadline and cancel for a full refund if that is also missed.
  • If a delivery is essential by a specific date (e.g., a birthday gift), you can cancel immediately and get a full refund.
  • Risk in goods passes to you upon delivery — until then, the retailer bears the risk of loss or damage.
  • Your contract for delivery is with the retailer, not the courier — pursue the retailer, not the delivery company.

The 30-Day Default Delivery Rule

Under the Consumer Contracts Regulations 2013, unless you and the retailer agreed a specific delivery date, goods must be delivered within 30 days of the contract being concluded (i.e., when you placed the order). This applies to all online, phone, and mail-order purchases.

If the retailer specified a delivery estimate but did not make it a binding commitment, the 30-day rule still applies as a backstop. If goods have not arrived by day 30 and no extension was agreed, the retailer is in breach of contract and you have the right to cancel and receive a full refund.

When a Specific Delivery Date Is Missed

If you agreed a specific delivery date and it is missed, the Consumer Rights Act 2015 sets out a two-step process:

  1. Set a new reasonable deadline. Contact the retailer in writing, confirm the original agreed date was missed, and give them a new reasonable deadline to deliver (e.g., an additional 5–7 days).
  2. Cancel and get a full refund if that new deadline is also missed — or if delivery by the original date was essential (for example, a wedding anniversary gift or equipment needed for a job starting on a specific date), you can cancel immediately without setting a new deadline.

Keep written evidence of the original agreed delivery date (order confirmation email) and your communication with the retailer.

Lost and Damaged Deliveries

Risk in goods remains with the retailer until you (or a person you nominate) physically take possession. This means:

  • If a courier loses the parcel, the retailer is responsible — not the courier. The retailer must resend or refund; they cannot make you chase the courier.
  • If goods arrive damaged in transit, this is also the retailer's responsibility. Photograph the damage immediately and notify the retailer in writing.
  • If you authorised delivery to a "safe place" or nominated someone else to receive it, risk typically passes once the goods are left in that location or handed to your nominee.

Do not sign for goods as "in good condition" if you have not inspected them — note any visible damage on the delivery note before signing.

Pursuing the Retailer for Delivery Failures

If the retailer is unresponsive or refuses to refund:

  1. Send a formal written complaint by email, citing the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, stating the breach and the remedy you require.
  2. If paid by credit card (over £100), make a Section 75 claim with your card provider — the card provider is jointly liable for the retailer's failure to deliver.
  3. For debit card payments or smaller credit card amounts, use the chargeback scheme through your bank.
  4. Report the retailer to Citizens Advice Consumer Service, which can refer cases to Trading Standards for investigation.
  5. Issue a small claims court claim if necessary — the online money claim service is straightforward for claims up to £10,000.

Frequently asked questions

The courier says they delivered to my neighbour but I never received the parcel. What do I do?
Contact the retailer, not the courier. Unless you authorised delivery to a neighbour, the retailer is responsible for ensuring you receive the goods. The retailer must investigate with their courier and either resend the goods or refund you. If they refuse, you can raise a Section 75 credit card claim or chargeback.
My order was marked as delivered but nothing arrived. Do I have to prove it was not delivered?
No — the burden is on the retailer to prove delivery was made to you. A courier's GPS scan or photo of a door is not conclusive proof of delivery to the correct recipient. Insist the retailer investigate and remind them that risk passes only when you take physical possession.
Can I claim compensation for losses caused by a late delivery, beyond just a refund?
If you suffered additional losses because of the late delivery — for example, you had to buy a replacement item at a higher price for a time-critical purpose — you may be able to claim those as consequential losses in a contract claim. You must show the losses were a foreseeable consequence of the late delivery and that you mitigated your losses where possible.
The retailer says delivery delays are due to a third-party courier. Is that their problem?
Yes. Your contract is with the retailer, not the courier. The retailer is responsible for ensuring delivery by the agreed or default deadline. Courier delays are the retailer's problem to manage — they cannot use a third party's failure as a reason to deny you a remedy.

What to do next

  1. 1
    Consumer Contracts Regulations 2013

    The full text of the CCRs governing online purchases and delivery rights.

  2. 2
    Consumer Rights Act overview

    Your full statutory rights on goods and services.

  3. 3
    Online shopping and distance selling

    The 14-day cancellation right and other online shopping protections.

  4. 4
    Faulty goods refunds

    What to do if goods arrive and are faulty rather than missing.

Official bodies and resources

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Financial Ombudsman Service

Ombudsman

Resolves complaints between consumers and financial businesses such as banks, insurers, and lenders.

Financial Conduct Authority

Regulator

Regulates financial services firms and financial markets in the UK to ensure they are honest, fair, and effective.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.