Delivery Failures and the Consumer Rights Act

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.

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.

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.

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.

When a retailer fails to deliver on time or refuses to resolve a missed delivery, a range of parallel enforcement tools can support your claim.

Section 75 of the Consumer Credit Act 1974

If you paid by credit card and the transaction was between £100 and £30,000, Section 75 makes your card issuer jointly and severally liable for any breach of contract — including failure to deliver. This is one of the most powerful remedies available to online shoppers. To use it:

• Contact your card provider's disputes team in writing, citing Section 75 of the Consumer Credit Act 1974.
• Describe the breach: goods ordered, agreed or default delivery date, and confirmation that delivery has not occurred.
• Attach your order confirmation, any delivery tracking evidence, and your correspondence with the retailer.

If the card issuer rejects your Section 75 claim without proper reason, you can escalate to the Financial Ombudsman Service. FOS case outcomes in Section 75 non-delivery claims are typically consumer-favourable when the retailer has clearly failed to deliver.

Chargeback for debit cards and small amounts

For debit card payments, or credit card purchases below £100, the Visa or Mastercard chargeback scheme provides a contractual route to recover payment when goods are not delivered. Most banks allow chargeback disputes to be raised online or through the banking app. Time limits apply — typically 120 days from the original transaction date. Do not wait; start the chargeback as soon as you are certain the delivery will not arrive.

Trading Standards and CMA enforcement

Individual delivery failures are handled retailer-by-retailer through Citizens Advice and Trading Standards referrals. However, systemic delivery failures — where a retailer consistently takes payment without delivering — may amount to a criminal offence under the Fraud Act 2006 or the Consumer Protection from Unfair Trading Regulations 2008. The Digital Markets, Competition and Consumers Act 2024 also strengthened Trading Standards and CMA powers to investigate retailers that systematically over-promise and under-deliver. For significant losses, consider reporting the retailer to Action Fraud as well as Trading Standards via Citizens Advice.