A guide to delivery fails and your rights during lockdown

Yet complaints about delivery services are the fourth most complained-about sector at Resolver with around 90,000 complaints last year, up a whopping 56%. And that’s not counting the complaints about the retailers. So what happens when things go wrong?

Dodgy deliveries and knowing your rights

The most important thing is your rights have not changed or been watered down due to COVID 19. Yes, it is taking longer to deliver items and some stores are claiming they can’t accept returns just yet, but the law remains the same – so stand your ground if you think you’re losing out.

The rules

When you enter in to an agreement with a retailer, your contract is with them, not with any third party they use. So if items you order are not delivered, are damaged or faulty, are delivered or left in an unauthorised place or another delivery-related problem occurs, it is the responsibility of the retailer to sort out the problem.

Of course, this doesn’t let the delivery company off the hook. Loads of the complaints we see revolve around how hard it is to actually contact them to arrange a collection or redelivery. A lack of phone numbers, direct email addresses and complicated websites drive many people to distraction. Annoyingly, the person who posts the item is usually the person who needs to chase the goods if there’s a problem. This can be particularly pronounced if you order goods online from abroad.

However, as a general rule if there’s a dispute over delivery the retailer should be able to pin down where the driver was around the time of the delivery, who signed for the item, or where it was left. Remember the onus is on them to prove that you received the item, not the other way around. You’re entitled to ask for proof of delivery if you’re being charged for an item you haven’t received.

What about delivery dates and estimates?

You are entitled to expect your goods to be delivered on the agreed date that you were given when your order was placed. If no date was given or agreed, the trader must get your purchases to you within 30 days of the order being placed. If this does not happen, you are entitled to a full refund. This is stated in the Consumer Contracts Regulations 2013 (formerly the Distance Selling Regulations applied) if you fancy getting all factual with a stubborn seller! If you paid a supplement for a specified time or date of delivery, it is reasonable to ask for this back.

COVID 19 quirks

Many websites are now giving longer estimates for delivery, so check before you make the final click. If the firm has given a deadline, then you have a reasonable expectation that the goods will be delivered then – and if they aren’t you should be able to cancel or make a formal complaint to the retailer, regardless of whether it’s their delivery driver that has messed up.

If a firm doesn’t give a delivery date – and this is something that I’m hearing about a lot lately – then you can argue that if the subsequent delivery date is excessive or repeatedly delayed, you can demand money back or make a formal complaint. If they drop a long estimate on you after you’ve paid, then remember that you have 14 days to cancel an online purchase and get a full refund. So check that receipt and the payment details.

Another major annoyance is returns. Many big retailers are claiming they can’t take these till their high street branches reopen. I’m not buying this. If you can ship goods from a warehouse then you can take them back. But regardless, your rights don’t erode because of this. Tell the firm you want to return the goods – by tweet if necessary if you can’t get hold of a person at the business – and if they tell you further down the line that you’re too late, complain – and let me know!

Resolver can help sort out complaints about pretty much anything for free. Check out www.resolver.co.uk

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