Parcel deliveries and your consumer rights

Millions of us do online shopping nowadays, but what can you do when things go wrong? When you place an order online, you usually don’t think too much about it. This means that many people don’t know what you can do and your consumer rights when parcel deliveries arrive late or not at all.

A record £666 million worth of parcels were stolen by ‘porch pirates’ last year, according to new research. The technology company Quadient found that 4.8 million homes had at least one parcel taken, and doorstep theft usually peaked in November and December.

This is what you need to know to help you know your consumer rights, prevent parcel theft and how to resolve your disputes.

MY PARCEL HAS GONE MISSING. WHAT CAN I DO?

Missing parcel deliveries is a big problem, especially at Christmas. Trying to speak to anyone is virtually impossible as many firms have removed contact details from their websites and deploy useless chatbots to deal with queries.

Goods being stolen from doorsteps and porches is a common problem everywhere. Criminals often follow courier drivers and steal packages. This is commonly referred to as ‘porch piracy.’

Evidence is key on these disputes. Check the address order details first to ensure you have a legitimate complaint. The seller has a duty to ensure that goods sold are safely delivered to the buyer in the order details, unless the buyer chose a local collection option. 

A seller cannot be held liable if they have followed the buyer’s instructions and order details.

Also check the tracking details. The parcel may be delayed or in transit, so checking the tracking details may prove where it is.

If the seller says your parcel has been delivered and you have not received it, ask for proof.

YOUR CONSUMER RIGHTS

Your contract is always with the retailer – not the courier. Contact the retailer as soon as possible if your order has been lost, damaged or delayed.

The retailer is responsible under the Consumer Rights Act 2015 to ensure your goods arrive safely without undue delay and within 30 days or placing the order.

S29 Consumer Rights Act 2015 states that the goods remain at the trader’s risk until they come into the physical possession of:

• the consumer, or
• a person identified by the consumer to take possession of the goods

If something you have ordered has not arrived, you should contact the seller to find out where it is.

It is the seller’s legal responsibility to make sure the item is delivered to you. They should contact the courier and let you know what has happened to your item. It is not your responsibility.

If your parcel was delivered to a location you did not agree to (for example – it was left with your neighbour without your consent), it is the seller’s legal responsibility to resolve the issue.

Courier drivers are usually self-employed and only get paid for each parcel that is delivered. This often means that packages are thrown over a wall in to a puddle, left in a bin or outside in all weathers. If the parcel is damaged, it is the seller’s responsibility to remedy this and not the courier firm.

You are legally entitled to a replacement or refund if the package does not turn up.

I PAID MORE FOR A TIME-SPECIFIC DELIVERY WHICH ARRIVED LATE – CAN I GET A REFUND?

If your delivery was scheduled for a specific date as agreed when you placed the order, it should arrive as promised.

If you have paid for “special delivery” of if your order arrives “later than agreed”, you can claim back the delivery costs as the service wasn’t delivered.

S49 Consumer Rights Act 2015 states, “Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.”

A late delivery is considered a “breach of contract” under the Consumer Rights Act 2015 as you paid for a time-specific delivery as part of the contract you entered into.

You can request a refund of the delivery charge as the time-specific part of the contract constitutes a breach and has not been fulfilled.

PART OF MY ORDER TURNED UP BUT THE OTHER PART DIDN’T. WHAT CAN I DO?

Have you ordered a sofa that’s gone missing but the cushions turned up? Or maybe a pool table that’s arrived with no legs? These are both true stories and often happens.

S26 Consumer Rights Act 2015 covers instalment deliveries and states, “Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.”

If you have placed an order and didn’t agree to accept the delivery of the goods in instalments, they’re in breach of contract. Put it to the retailer that they must either supply the missing parts immediately or you will reject and cancel the order and raise a chargeback with your bank to dispute and reverse the transaction.

You won’t have to pay for returns as the retailer has not fulfilled the contract. That’s another popular ruse I hear (I think I’ve heard them all!).

Retailers often try to reject a chargeback on the first attempt. Legally, the onus is on them to prove they delivered the items. So, push back hard, and stress “breach of contract” under the Consumer Rights Act 2015 if this happens to you.

MY ORDER ARRIVED DAMAGED – WHAT ARE MY CONSUMER RIGHTS?

Evidence is key on all disputes. Take plenty of photos and proof of time, dates, damaged goods and packaging.

Your contract is with the retailer. They are responsible for ensuring the goods arrive safely in your possession – not the courier.

You can ask request a replacement or a refund.

THE RETAILER WILL NOT GIVE ME A REFUND – WHAT CAN I DO?

If the retailer refuses a refund and resolves your dispute with missing goods, you can enact a chargeback within 120 days with your bank or credit card provider and cite ‘breach of contract’ under the Consumer Rights Act 2015. 

Chargebacks are often rejected on the first attempt. You need to push hard and state that a breach of contract has taken place. This puts the onus on the retailer to prove otherwise.

If you have paid more than £100 for goods by credit card, you are also covered by S75 of the Consumer Credit Act 1974 which holds the credit card provider and retailer jointly liable.

Your bank or credit card provider should reverse the payment while the transaction is being disputed, although that can be reversed back to the retailer if they prove their case. This is known as a contra-entry in banking circles.

It is expensive and problematic for retailers to deal with chargebacks. It’s worth mentioning to the retailer that if they do not give you a refund that you are entitled to, you will raise a chargeback instead.

HOW TO PREVENT PARCEL THEFT

The easiest way to avoid parcel theft is to choose where your parcel is safely delivered to.

Choose a genuine safe place – instruct the courier to leave your parcel in a lockable parcel box or behind a secure gate.

Use a trusted neighbour – register them with your delivery account. Ad-hoc instructions are not always passed on.

Opt for a local collection point or locker – using Amazon Lockers, InPost, or Collect+ means the parcel is never left unattended. Local post offices and convenience stores also offer this option. It’s often free and much safer.

Always require a signature for high-value items – and keep tracking proof. Couriers sometimes skip signatures.

DETER OPPORTUNISTIC THIEVES

There are a few cheap and easy ways to deter opportunistic parcel theft.

Install a doorbell camera or CCTV – a video doorbell or motion sensor camera is an instant deterrent and gives you vital evidence.

Fit a secure parcel box – a lockable, bolted down box gives couriers somewhere safe to leave parcels.

Warning signs – CCTV in operation signs and stickers are the cheapest and most effective deterrents.

BEWARE OF SCAM TEXT MESSAGES

Beware of emails that ask you to pay a storage or delivery fee for an undelivered package.

If you are expecting a parcel, track the delivery on the company’s website. Do not use links or details provided in an unexpected message.

FINALLY

Be specific when setting your preferences for delivery times to reduce the chances of delivery problems.

Ask a neighbour you trust if they can take parcels for you as your ‘designated safe place’.

If you specify an unsecure safe place and your parcel is stolen, you are liable as the firm and courier have followed your instructions.

If you do not leave instructions and your parcel is stolen, the retailer is legally bound to replace your parcel.

Some courier firms are worse than others. Check who the retailer uses as their preferred courier. See what others say about courier problems with specific retailers and how they handle complaints and refunds.

Have you had any problems with parcel deliveries? How well do you know your consumer rights?