Your rights if your package doesn’t arrive or arrives damaged

I recently read an article in the news about a Father who had bought his son an X-Box in the Black Friday sales. The delivery driver had left him a note through the letterbox saying he had left it in the black bin, however it wasn’t there when he checked. When he took a look at CCTV footage it was revealed that the courier had never delivered it at all he had lied about putting it there.

CLICK HERE to read full Xbox story.

I have heard a lot of horror stories about delivery drivers over the years and have even had some bad experiences with them myself so I thought I’d write a post explaining your rights if it happens to you. 

Your rights if your parcel doesn’t arrive: 

• The contract for the sale of goods is between the consumer and trader so it is the trader’s responsibility to ensure that the right goods reach the consumer in a satisfactory condition
• Distance Selling Regulations require companies to provide online shoppers will additional protection, such as delivering your goods within 30 days of ordering, for example. So in other words, you should initially get in touch with the retailer.
• If your parcel didn’t arrive at all it would be up to the retailer to refund you, not the courier.
• It’s the retailers’ responsibility to get your orders to you within the agreed timeframe so you must complain to them if they don’t arrive on time or you just want to find out how you’ll be affected.
• If you paid for express delivery but it doesn’t arrive in the promised time frame, you can ask for the cost of express postage back.

Your rights if your package gets damaged in transit:

• You are covered by the Consumer Rights Act that states all sellers are responsible for goods right up until the point of delivery.
• The seller is also responsible for the condition of the goods right up until you receive them.
• It is the retailers responsibility to resolve your issue as quickly and as efficiently as possible.
• You shouldn’t have to take a complaint up with the delivery company.
• You shouldn’t have to claim off the delivery company’s insurance.
• Often a retailer will argue that you signed for the delivery and therefore you can no longer complain however this is not the case.
• Consumer watchdog company Which? advises that when you sign for your packages to note on the paper or electronic pad that the packages were delivered but not inspected.
• Check the goods as quickly as you can and raise any issues as soon as possible. This will avoid problems later, for example, over whether you have ‘rejected’ goods quickly enough.

How do I complain if I receive damaged goods? 

• Make sure you let the seller know as soon as possible when you notice something is wrong.
• It may be best to have the conversations via email. This way you have evidence of anything that has been said in your exchange.
• Return the item to the seller and they will have to either repair, replace or refund the item for you.
• If the seller asks you to return the items (on the basis that they will reimburse the costs), get confirmation that the goods will be insured against any further damage that could occur. 

CLICK HERE for further information over on Which?