Delivery rights

How to get compensation for a late or missed delivery
‘If I waste a day, then you’ll pay’

It’s enough to make anyone frustrated. You’ve been instructed to stay home for a delivery or service installation, which often means taking an entire day off work. But then, they show up hours late—or worse, don’t show up at all. However, you can take action if you’re aware of your rights, and you might even be able to secure compensation for the inconvenience. This guide provides comprehensive assistance on:

Although we’ve taken great care to ensure the accuracy of this article, it should not be interpreted as legal advice specific to your personal situation. Any actions you take based on this information are at your own risk. We disclaim any responsibility and accept no liability for any damages or losses that might occur.

Delivery late, missing or damaged? Here’s what to do

Anticipation for a package can quickly shift to frustration and disappointment if issues arise with the delivery. In this part of the guide, we’ll outline your rights if your shipment is late, lost, or damaged.

Before diving into the details, it’s important to remember that your contract is with the retailer from whom you made the purchase, not the delivery service.

When you make a purchase from a retailer, you’re forming an implied contract between you and the seller, even if there’s no formal written agreement. The commitment to deliver the item is an integral part of this contract. If you’ve paid for products and they haven’t been delivered, you have certain entitlements.

This principle holds true even if you’ve opted for a specific courier service through the retailer and paid extra for it. You are entitled to the same rights and remedies if you have a contract that includes installation or other services, and these services are not fulfilled due to a no-show.

The only exception arises if you independently arranged the delivery with the courier company. In this case, the primary service you’ve paid for has not been completed. Under the Consumer Rights Act, services are expected to be performed with “reasonable care and skill” (refer to our Consumer Rights guide for detailed information). In such cases, you should file a complaint directly with the courier company.

First, see if the delivery company can tell you where your item is

To address issues with a poorly handled delivery, your initial step should be to reach out to the courier company directly, especially if you arranged the delivery independently. If you need compensation, however, you’ll eventually need to engage with the retailer (for guidance on lodging a complaint, see below).

Courier services often offer customer service hotlines or online tracking tools to assist in locating your parcel. If you know which courier is handling your delivery, it’s a good idea to contact them first. Below, you’ll find contact information for several major parcel delivery companies.

Get in touch with your courier firm with these contact details 📦

 

If your delivery is late, you may be able to get a refund or compensation

If your delivery doesn’t show up on time (or in the right condition), there are three different forms of redress open to you. In brief:

• Refund. If you placed an order online or over the phone, you are entitled to cancel it within 14 calendar days and receive a full refund according to the Consumer Contracts Regulations. Please note, you might need to cover the cost of returning the item. This right applies even if the item arrives on time, but it can also serve as a remedy if the delivery is delayed.
  The Consumer Contracts Regulations also guarantee a full refund if an item arrives later than the promised date. If no specific delivery date was provided, the item must arrive within 30 days of placing the order. If it doesn’t, you have the legal right to cancel the contract and receive a refund, whether you made the purchase online or in-store.However, if you ordered in-store for home delivery, such as furniture or other large items, the Consumer Contracts Regulations do not apply. In this situation, it’s advisable to get an agreement with the seller that includes a delivery deadline marked ‘time is of the essence’. This can grant you additional rights if issues arise. For more information on ‘time is of the essence’, please refer to relevant details.
• Compensation for extra time taken off work. If your delivery is delayed and you request a redelivery, you might be eligible for compensation for any additional time you need to take off work. Below, we provide a detailed explanation of how compensation for this extra time off can be obtained.
• Additional compensation for late delivery of goods. In certain situations, you might also be able to seek compensation for extra expenses incurred due to delayed delivery, or even for any inconvenience and stress it caused. While this area can be ambiguous and success is not guaranteed, it is worth considering. For more information on potential claims, see the details below.

I’m worried a company won’t deliver on time, what can I do?

This is a common concern. For instance, imagine you order a new sofa from a store with a promise of delivery by Christmas.

Legally speaking, the commitment to deliver your sofa before Christmas forms part of your contract. However, generally, delivery times for items you purchase are not automatically enforceable unless explicitly made so.

If you purchase the sofa from the same retailer and ask when it will arrive, and the salesperson says it will take six to eight weeks, this serves as an estimate rather than a firm deadline.

You can, however, make the delivery date a binding element of the contract by including a “time is of the essence” clause. This clause would grant you additional legal rights if the delivery is not made as promised.

This approach can still be effective even if the delivery date has already passed, though it is much simpler to include this clause when placing the initial order. For more details on how to incorporate a “time is of the essence” clause, see the full guide.

They left a ‘missed you’ note when I was in!

If this situation arises, your likelihood of receiving compensation depends on your ability to demonstrate that someone was present at home and that the delivery person failed to make reasonable efforts to notify you of their arrival.

With solid evidence, you would be entitled to the same rights as you would be with any other delivery issues. For instance, if there were 10 people in the house when the courier claimed they rang the doorbell and no one heard it, this strengthens your case for a compensation claim.

Even if you lack concrete proof, you are still able to file a complaint with the seller or the delivery company.

I’ve been given a huge delivery time slot, what can I do?

Extended delivery windows that require you to be available for an entire day are all too frequent. Sadly, from a legal standpoint, if you’ve agreed to these terms, there’s not much you can do. However, you can still request a more specific delivery window from the retailer.

You might say something like: “This delivery has a 10-hour window for something that will take less than a minute to hand over. I would be willing to accept a more manageable slot, say between 9am and noon. If that’s not possible, it’s not worth my time, and I’ll need to cancel and find another option.”

Remember, you can’t cancel solely because the retailer won’t adjust the delivery schedule you’ve agreed to. It’s crucial to insist on your preferred time slot or delivery conditions before making the purchase or booking the service, or be prepared to take your business elsewhere.

Don’t hesitate to stick to your demands. If enough of us stand up against unreasonable delivery times, services will eventually start to improve.

What to do if your item hasn’t turned up at all

If you’ve purchased items that haven’t arrived or the delivery service has informed you that they are lost, your next course of action is to contact the retailer.

In this scenario, the company should be capable of issuing a full refund. If that proves unsuccessful and you’ve used a credit card to pay at least part of the cost, you might consider making a claim under Section 75 of the Consumer Credit Act, provided the item’s value is between £100 and £30,000. For further details, refer to our Section 75 guide.

If Section 75 doesn’t apply to your situation, you might be eligible for a ‘chargeback’ process. This allows your card provider to reverse a payment if they acknowledge your valid complaint, given that you used a debit card or paid less than £100 on a credit card. For additional details, consult our Chargeback guide.

This guide primarily addresses remedies and compensation for delays in delivery. For comprehensive information on your shopping rights and how to obtain a refund or replacement, see our Consumer Rights guide.

If your item arrives damaged, you have rights – even if you’ve signed for it

If your delivery arrives in a damaged state, you are entitled to a refund.

Even if you only notice the damage after signing for the package, your rights remain unaffected—you still have the same recourse as with any defective product.

Signing for a delivery simply confirms receipt of the item; it does not imply acceptance of its condition. However, if you signed a delivery note indicating that you had checked the items and found them to be in perfect condition, but later discovered they were damaged, there might be a dispute regarding whether the damage occurred post-delivery.

To avoid potential issues, it’s wise to amend any delivery acknowledgment to indicate ‘not examined’ if you haven’t had a chance to inspect the items thoroughly. Alternatively, make sure to inspect the goods closely upon receipt.

Claiming compensation for a failed delivery? Your need-to-knows

If your delivery is delayed and you need to take additional time off work to wait for a redelivery, you may be eligible for compensation.

This discussion focuses on situations where you’ve scheduled a delivery or installation for a specific day and have made arrangements to be present for it—not just instances where you stay home in anticipation of a possible delivery.

Before diving into the step-by-step process for seeking compensation for a failed delivery, it’s essential to grasp a few key points. Familiarizing yourself with your legal rights and being able to reference them can significantly enhance your chances of a successful complaint and reduce the likelihood of needing to go to court, which is something you ideally want to avoid.

Additionally, it’s worth noting that compensation can also be sought for any extra costs incurred, as well as for the inconvenience and distress caused by delays in delivery.

1 – Compensation depends on whether you’ve suffered ‘consequential loss’

When you purchase goods or services and the company fails to meet its contractual obligations, you might be entitled to compensation. This compensation can cover direct losses, such as not receiving the item you ordered, or indirect losses, which are legally termed as ‘consequential loss.’ For example, if the issue led to further complications like needing to take an extra day off work for a redelivery, you could potentially claim for these additional inconveniences.

The objective of compensation is to restore you to the position you would have been in if the contract had been fulfilled correctly. Therefore, the consequential loss you can claim and the amount will depend on the extent to which the missed delivery has caused you further losses.

What kinds of things count as consequential loss?

Avoid overcomplicating things. You can only claim consequential losses if they are directly related to the breach and not too distant from it.

For instance, it’s reasonable to claim damages if you had to take an extra day off due to a missed delivery. However, claiming compensation for an accident that happened because you were late to an appointment as a result of the missed delivery is considered too indirect.

What if the company has a consequential loss exclusion clause?

This situation falls into a legal grey area. While a company might include an exclusion clause that blocks claims for consequential losses, this doesn’t automatically make such a clause enforceable. It might be deemed an unfair contract term, which means it could potentially be invalid. Therefore, don’t let this clause discourage you from filing a complaint, though it might give you pause about the costs of pursuing legal action.

2 – Compensation would be for any EXTRA time you’ve taken off

While it might seem counterintuitive, you cannot seek compensation for the initial missed appointment day, as you did not actually experience a financial loss from it. Since you had planned to take that day off regardless, the fact that it was wasted is frustrating but not legally recognized as a loss. The focus should be on addressing the issue going forward.

If resolving the situation requires you to take an additional day (or part of a day) off for a rescheduled appointment, you would be entitled to compensation for the lost earnings or vacation time used.

For your compensation claim to be considered valid, it must be deemed reasonable by a court. For instance, if the delivery failed because local roads were closed due to snow, your case might be less robust compared to a situation where there were no such extenuating circumstances.

Can I claim if I didn’t take any extra time off?

If waiting longer or on a different day would incur no extra expenses for you, it’s improbable that a judge would rule in your favor. Nevertheless, you are still free to file a complaint with the company, expressing that their service was unsatisfactory and fell short of your expectations. You can also inquire about the steps they will take to address the issue and make amends (refer to how to request compensation).

What if the deliverer came outside the agreed time window?

Assuming the initial appointment was confirmed, the crucial point to consider is whether additional time off was necessary or if there were any resulting costs. For instance, if you took a morning off and the appointment arrived an hour later than scheduled while you were still at home, it’s inconvenient, but you haven’t incurred a financial loss.

However, if you ended up going to work because you could no longer wait and had to take more time off to reschedule, or if you had to pay for an extra hour of childcare to cover the additional waiting time, then you would experience a consequential loss.

How many hours can I claim for?

When it comes to time, if you needed to spend extra unpaid hours resolving a delivery issue (excluding the time spent on the initial delivery), contract law allows you to seek compensation for any damages incurred due to the contract breach. Essentially, you can claim for all those hours.

Can I claim for my time even if I’m on a high salary?

You can assert whatever you wish, but as we’ll discuss later, the crucial factor is whether you’ll actually receive it. Remember, you may need to substantiate your rate. While there are no strict guidelines in place, the opposing party might contend that your claim is excessive.

For instance, consider a scenario involving a supermodel who demands £20,000 per hour. If she billed £160,000 for a full day, the other side might challenge this as unreasonable, suggesting she could have employed someone else for £100 to cover for her. Therefore, finding a fair balance is essential.

3 – You’re expected to try to minimise your loss

To legally make a claim, you must first take steps to reduce your loss. For instance, you should arrange for delivery at a time when you’re home, avoiding any inconvenience. Alternatively, you could ask a friend, neighbor, or family member to be present for the delivery on your behalf; if you incur any costs or need to compensate them, you may claim those expenses as well.

You can also inform the seller directly: “You’ve breached the contract. I’m available after 5pm on Saturday or all day Sunday. If you can deliver at one of these times, it will prevent me from filing a compensation claim, though I won’t cover any additional delivery fees.”

If no suitable delivery times can be arranged and you have to take time off work, it’s then appropriate to file a claim.

4 – You may be able to claim additional compensation

In addition to seeking compensation for extra time taken off work, you might also be eligible for reimbursement for delays in delivery.

If you incur extra expenses—such as making phone calls or spending on fuel because you had to make an extra trip to collect a parcel—you can claim these costs, provided they are justified. However, the success of such claims often depends on your negotiation abilities. Be reasonable in your claims (for instance, avoid asking for a private jet ride because your new bicycle wasn’t delivered on time).

Furthermore, you might be able to claim compensation for the loss of enjoyment caused by the delay. For example, if you missed watching the Champions League final on your new 65-inch OLED TV and had to settle for your old 30-inch LCD, or if your new dining suite didn’t arrive in time, leaving your guests to sit on the floor during a dinner party.

Keep in mind that compensation for complaints is never guaranteed. Nevertheless, it may be worth pursuing, especially if you’ve experienced significant distress or inconvenience due to delivery issues, such as a ruined holiday, a missed wedding dress arrival, or extended problems with a leaky roof due to delayed tile delivery.

How to get failed delivery compensation: Step-by-step

The goal is to leverage your legal entitlements to prompt the company to negotiate a fair settlement, avoiding the complications, costs, and uncertainties associated with a court case.

The strategy involves demonstrating to the company that a court would likely decide in your favor, making it advantageous for them to propose a reasonable settlement offer.

Remember, addressing your complaint promptly will generally lead to a more serious response from the retailer. Even though you technically have up to six years to file a lawsuit, it’s best to resolve the issue sooner and aim for an out-of-court settlement.

Step 1: See if you can get a refund or compensation via the company’s own late delivery procedure

Many companies have a standard process for reimbursing customers for failed deliveries, so it’s a good idea to check the retailer’s website or reach out to their customer service. Opt for a freephone number if possible.

During peak seasons, like Christmas, it might be challenging to reach the retailer by phone or email. In such cases, consider contacting them through social media platforms like X or Facebook, where responses can be faster.

Seeking a refund should be your initial step. While additional compensation may be discretionary and not guaranteed, it’s worth asking for. At a minimum, you should request a refund of the delivery charge. If you opted for express delivery, you’ll typically only get back the difference between the express and the standard delivery rates.

Even if the retailer has a set procedure for compensation, you still have the right to pursue further action if the offered compensation seems insufficient. However, if the company is already providing a fair offer, additional compensation might be less likely.

Step 2: If that’s not an option, call the company to say it hasn’t met expectations

If a company lacks a standard protocol for handling issues or if you believe their usual compensation isn’t adequate, give them a call and explain that their service “didn’t meet your expectations.” This approach can be effective even if you don’t have legal grounds for compensation. Companies are keen on maintaining their reputations and generally prefer to address customer dissatisfaction whenever possible.

Before making the call, determine what you hope to accomplish and what type of compensation you would find acceptable. Aim to be reasonable and focus on achieving that goal rather than trying to extract as much as possible.

If you incurred extra expenses due to a delivery delay, you might seek a monetary refund. However, if your concern is more about the inconvenience and time lost, consider whether a credit note or voucher might suffice. Keep in mind that the more compensation you seek, the more challenging it may be to obtain it.

If the initial offer isn’t satisfactory, inquire about alternative options—it might present a different proposal. You’ll need to decide whether to accept this new offer, but keep in mind that rejecting a fair offer may decrease the chances of receiving additional compensation. Make sure to specify the type of ‘remedy’ you’re seeking in your communications to clearly indicate how the company can address your issue.

Step 3: Email or send a letter to the company

If the company has not yet provided appropriate compensation, consider sending an email or letter. Doing so will escalate your situation by demonstrating that you are aware of your legal rights and are committed to resolving the matter.

While it’s preferable to avoid taking the matter to court if you can, the purpose of the email is to emphasize that, should you choose to proceed legally, you would have a solid case for compensation. The goal is to demonstrate to the retailer that addressing the issue through a negotiated settlement now will save them considerable trouble and cost.

It’s essential that you get a reply to confirm the receipt of your email; without this acknowledgment, you lack legal proof that it was delivered. If you don’t receive a response, you should follow up by sending a letter via recorded delivery.

Need help with writing an email or letter? Use our templates

To help, we’ve drafted a template email or letter that you can use – you’re able to choose which one of these you’d like to send.

If you’d find an email easier, you can access the template email.

– Copy and paste this into a blank email to be sent, add your details and then tweak it to suit your particular circumstances. Make sure to delete the brackets included after following the instruction – there are two types used:

• [BRACKETS]: Put your specific info here, then delete the instructions.
• [BOLD BRACKETS]: Just for info – after you’ve read, delete.

Once you’ve made the changes, read through the email carefully to ensure it will make sense to the recipient, before you send it off.

– Our FREE template email to ask for delivery compensation 📧

Dear [insert name of retailer],

Order number: [insert your order or purchase number if there is one]

Ref: Delivery complaint due to breach of contract

On [enter date] you agreed to sell me [enter item].

[Use this section to claim for losses after a failed delivery, or delete]

It was agreed you would deliver to me on [enter date and time]. You failed to deliver. You would not then agree to deliver at a time which was convenient to me, and delivery was rearranged for, and took place on, [enter date]. However, I incurred loss due to your breach of contract.

I was compelled to take [select from unpaid leave/annual leave] for [enter one day/number of hours] which represented a net loss to me of £[enter amount you would have been paid]. I am writing to claim this amount from you. I look forward to a full and prompt response to this letter within 14 days. Failing this, I will bring proceedings against you in the county court for damages, and interest on them at the rate of 8% per annum and costs.

[Use this section if it didn’t deliver on time and you want to cancel the order, or delete]

It was agreed you would deliver to me on [enter date and time]. You failed to deliver but time was of the essence. It was a condition of the contract that the delivery date would be adhered to, as stated on [enter where delivery date was stated – for instance, on the invoice/website/ sign in shop]. I no longer require the goods from you and because of your failure to deliver, I hereby terminate the contract. I claim the return of the sum of £[enter amount paid].

[Add this section if you would like to claim additional costs, or delete]

In addition, I also claim £[enter expenses] for [enter reason – for example, travel, phone, postage costs, increase in price for similar goods, compensation for loss of enjoyment, compensation for inconvenience if goods were for ‘personal comfort’]. This brings my total claim to £[enter amount and costs]. I look forward to a full and prompt response to this email within 14 days. Failing this I will bring county court proceedings against you for damages, interest at the rate of 8% per annum and costs.

[Use this section to add ‘time is of the essence’ to your contract, or delete]

It was agreed delivery would be in [enter time – for instance, three to five days] but so far delivery has not taken place. The delay has been undue and cannot reasonably be expected to continue indefinitely.

Therefore, I am hereby making time of the essence and giving notice that unless the goods are delivered to me no later than [enter a reasonable date – for example, 28 days], I will treat you as having repudiated the contract and call on you to refund all sums I have paid you, together with damages for breach of contract. This will include my expenses in having to buy the same goods elsewhere, and any amount in excess of the price I paid to you.

I look forward to your response within the next 14 days.

[Use this section for all letters]

Regards, [your name]

Alternatively, if you’d rather download a template letter in rich text format to print off and post, you can do so here.

Step 4: Accept the offer or negotiate

After you’ve dispatched the email or letter, keep in mind that the outcome relies heavily on your negotiation skills. Should the company respond with a compensation offer, you’ll need to thoughtfully evaluate whether to accept it.

• If you want to accept its offer. Contact them to notify them and arrange payment. If you wish to accept their offer but also have an unresolved related complaint, state that you are accepting the compensation ‘without prejudice’ to your pending claim. It is essential to use this exact term because it ensures that the offer does not affect or limit your ability to pursue further legal action regarding the outstanding issue.
• If you don’t feel it’s enough. Consider negotiating for a larger settlement. If you choose to pursue this, specify the amount you’re willing to accept and emphasize the reasons, expenses, and evidence supporting your position. The outcome will largely hinge on your negotiation abilities. However, keep in mind that there’s no assurance the company will agree to your counter-offer, and it’s possible they might retract their initial proposal.

Even if the company’s offer falls short of your initial request, it might be worthwhile to accept it to avoid the complexities of legal action. There’s no definitive right or wrong in this situation; it all depends on how much effort you’re willing to invest. If you’re considering pursuing the matter in court, be sure to review the following section for a comprehensive overview of the advantages and disadvantages first.

Step 5: If all else fails – how to take ’em to court

Ideally, the letter should resolve the issue. However, if you’ve followed all the recommended steps and the company still hasn’t provided a satisfactory resolution, pursuing a court claim might be your last option.

This route isn’t suitable for everyone, and seeking advice from a legal expert or advice center might be beneficial.

A county court judge (or sheriff in Scotland) is the only authority who can compel action, but this doesn’t necessarily involve traditional courtroom drama; often, it’s just a matter of completing some online forms.

Sometimes, initiating this process can prompt a company to settle (assuming you have a valid legal claim), potentially avoiding a full court case. Keep in mind that you have a legal right to fair treatment, and it’s uncommon to be required to cover the other party’s costs. Generally, it’s a low-risk approach, but it’s important to assess if it’s the best option for you.

Additionally, be aware that court proceedings aren’t typically swift. The process can take around six months, so consider this timeline if you choose to proceed.

Consider thoroughly whether dealing with this process is truly worth the trouble. It’s usually more effective to use this approach as a final measure and aim to resolve the issue amicably with the company if you can.

Important note: This step is based on the process for England and Wales. We’ve included the basics for the rest of the UK, but for more see the NIdirect and Scottish Government sites.

You can apply to a county court to claim back money you’re owed. Previously this was referred to as taking someone to the ‘small claims court’, but now it’s called a ‘court claim’.

Of course, for belt ‘n’ braces you could consider hiring a lawyer for larger claims; see the Law Society website for more.

Try to resolve things directly first

Before pursuing legal action, you should first attempt to settle the issue directly. It’s advisable to send a ‘letter before action’ indicating your intention to take the company to court. Failing to make this effort may lead the judge to view your case less favorably.

Factor in the fees

Fees might be reduced or eliminated for those receiving benefits or with a low income. For most others, there are several costs involved: an initial application fee ranging from £35 to £455 for claims up to £10,000, and potentially additional fees for court allocation and/or hearings if your case requires a judge. Keep in mind that if you win your case, these fees are typically refunded.

In the event of a loss, it is uncommon to be required to cover the opposing party’s legal costs. The potential liabilities you might face are limited to their travel expenses and any work time lost for them and their witnesses, which generally cannot exceed £95 per person per day.

It’s designed so you can go it alone

In most situations, you won’t require a solicitor’s assistance, as the small claims system is intended to be user-friendly. For additional support, refer to the free resources listed in the Who’s Who section of our How to Complain guide. If you’re unfamiliar with the process, it might be beneficial to seek guidance from a knowledgeable friend.

How to safeguard against future problems

While compensation might be available if things go awry, it’s much less stressful when a delivery proceeds without any issues. Follow these simple tips to help ensure that your future deliveries go off without a hitch.

Order the right way

A bit of additional preparation can significantly improve the chances of your package arriving at its intended destination promptly.

Add a contact number. I work as a trainer for a delivery service, and I have a tip for online orders. In the rarely utilized third line of the address details, enter your phone number. This will ensure that your contact number is included on the delivery label and visible on the handheld scanner, allowing the driver to reach out if they encounter any issues finding your location.

Leave a note. If you’re expecting a delivery, it’s helpful to leave a note on your door or window indicating which neighbor will receive the package for you while you’re away.

Tell ’em where to stick it. If you’d like your parcel to be left at a specific location, please provide a signed note indicating the desired drop-off spot. The driver can then take the note and leave the parcel according to your instructions.

Pass it on. It’s a widely watched topic, and I hope it reaches a large audience and enhances delivery success rates. I manage between 50 and 110 stops daily, and implementing the suggestions mentioned would significantly simplify the process.

Research offline, buy online for rights to a refund

When you shop online, you benefit from extra consumer rights compared to in-store purchases.

Under the Consumer Contracts Regulations, when you make a purchase online or over the phone, you have the right to cancel your order within 14 calendar days for any reason, even if the item is not defective. Conversely, when buying from a physical store, you can only return items if they are faulty.

If you’ve made an online purchase, you can return the items to receive a refund for both the item price and the initial delivery fee, though the cost of returning the item is generally not covered. However, several retailers, including Asos and George, provide free return shipping for online orders. Additionally, if you purchased from a high street store’s online platform, you often have the option to return items in their physical stores. After you cancel your purchase, you have an additional 14 days to send the items back.

This convenience is one reason why many people have embraced the ‘roboshopper’ trend, where ‘robo’ stands for ‘researching offline, buying online’:

• Researching
• Offline
• Buying
• Online

The Consumer Contracts Regulations are particularly useful when you need an item delivered by a specific date, like for a birthday or Christmas. For example, if you purchase a games console online as a Christmas gift and it fails to arrive by Christmas Eve as promised, these regulations allow you to purchase one from a physical store instead. You can then return the delayed item once it arrives and receive a complete refund.

If you need to return the item, you will probably have to cover the cost of sending it back. However, they should reimburse you for the initial delivery charge.

What do the Consumer Contracts Regulations cover?

Here’s a brief overview of the Consumer Contracts Regulations—refer to the section on rights when purchasing online for additional details:

• What’s covered? Goods or services via mail order, phone or online.
• How long do you have to cancel? You have 14 calendar days from the date you receive the goods to cancel your purchase. For services, the cancellation period is 14 calendar days from when the contract is signed. However, if you’ve used any part of the service between the contract’s start date and your cancellation, you might need to cover the cost of the service used.
• How long do you have to send it back? After cancelling, you have a further 14 days to send the item back.
• What’s NOT covered? Certain items are exceptions to the standard cancellation policy, including perishable goods such as fresh food and flowers, which can deteriorate quickly. Additionally, personalized items, services related to accommodation, transportation, or leisure that are scheduled for specific dates, newspapers, magazines, lottery tickets, and any sealed audio, video, or computer software that has been unsealed are not eligible for cancellation. Furthermore, if you have inspected goods in a physical store and then decided to order them online from the same retailer, and this inspection was specifically noted in the purchase agreement, you cannot cancel the order.
• How can you cancel? Typically, you need to notify the seller in writing about your cancellation, though some sellers might permit cancellations by phone. Once you’ve canceled, ensure that you handle all items from your contract with care, as you’ll need to return them in decent condition (though they don’t have to be in their original packaging). In most cases, you’ll be responsible for covering the cost of return shipping, unless the seller’s terms and conditions specify otherwise or the items were defective.
• How do you get your refund? The seller is required to refund any payments within 14 days of receiving your items or canceling the service, which should include the delivery costs. However, it’s wise to explicitly request the inclusion of delivery charges, as some stores may not automatically include them. Additionally, if the seller did not inform you about your cancellation rights, you might have an extended period to cancel the order.

Use the ‘time is of the essence’ trick

If you require an item to be delivered by a particular date or time, there’s a lesser-known legal provision that can enhance your consumer protection.

Ensure that the company acknowledges the delivery deadline as ‘time is of the essence’ in your agreement. By doing so, you gain additional rights if the delivery fails to meet the specified terms.

Without this stipulation, the company is only required to deliver within a ‘reasonable’ timeframe, leaving it up to you to negotiate for a refund if issues arise.

By specifying ‘time is of the essence,’ you establish that if the goods do not arrive by the agreed date, or if a service’s start or end date is missed, you have the legal right to cancel the contract and seek a refund of any related credit agreements or deposits. Alternatively, you could choose to proceed with the contract but at a reduced cost.

• Use it in store. Add ‘time is of the essence’ to beef up your rights when ordering in store.
• It adds to your consumer rights. This is because purchasing items in a physical store does not offer the same protections as the Consumer Contracts Regulations, which apply only to online, mail order, or phone purchases. These regulations ensure that you are automatically entitled to a refund if an item isn’t delivered by the promised date, or within 30 days if no specific delivery date was agreed upon.
• The retailer doesn’t have to agree. It’s designed to be implemented, but that doesn’t guarantee the trader will consent. Like with any consumer rights issues, the final determination of whether it’s enforceable would rest with a judge, should the matter proceed that far.
• This is a fairly unknown trick. The concept of ‘time of the essence’ isn’t broadly recognized because companies generally prefer not to be strictly accountable for timely delivery. If this principle were more prevalent, businesses would be pressured to enhance their delivery services, benefiting consumers, albeit at the cost of the companies’ own convenience.

If you require your products or services by a particular deadline—like a gift in time for Christmas or having windows installed before your vacation—use this to strengthen your legal position.

While it’s theoretically possible to add ‘time is of the essence’ to your contract if you’ve already ordered, it’s far easier to add it when ordering.

You can also emphasize the urgency by including ‘time is of the essence’ after placing your order, particularly if you suspect the company is delaying delivery. Nevertheless, the company might reject this request, leaving it to the courts to resolve the issue.

See how to add ‘time is of the essence’ ⏱️

To inform the retailer or supplier ahead of placing your order, request that they include a note on your invoice. Essential details to provide are the phrase “time is of the essence,” the required delivery date, and the justification. For instance, you might write, “Time is of the essence – delivery required by 30 August 2024 for house relocation.”

However, exercise caution. Setting an unrealistic deadline could lead to significant disputes, and if the matter escalates to court, you might encounter a judge who lacks sympathy for unreasonable demands.

You can try to add it if you’re worried about timings on an existing order – see a step-by-step below.

Step 1: Write to the retailer/supplier

If you didn’t specify it when placing your order, enforcing a strict delivery timeline can be trickier, but it’s still possible to make “time of the essence” without the trader’s consent.

To proceed cautiously, ensure there has been an ‘undue delay’ in the delivery before taking action (use your judgment to determine what constitutes an unreasonable delay). Once this threshold is crossed, you can demand that delivery occurs within a reasonable timeframe (refer to the steps to take if delivery is still not fulfilled).

Compose a letter or email to the retailer or supplier, stating that you are making “time of the essence” and that you require delivery by a specific date. Provide a reason, such as ‘the dress is needed for a wedding’. Specify a timeframe that reflects your needs; typically, a period of about 28 days is reasonable.

To assist you, we’ve included a section on this topic in the template email or letter provided above. Simply remove any irrelevant parts, copy and paste the relevant sections into an email, or complete the template, print it, and send it. Retain a copy for your records. As with claims for compensation, it’s advisable to send the “time of the essence” letter via recorded delivery to ensure you have proof of receipt. If you opt to email, you may face challenges in proving that the retailer has received your communication.

Step 2: Follow up with a phone call

Ideally, the company will respond to confirm receipt of your message. If you don’t hear back, follow up with a phone call to ensure they’ve received your letter and will meet the promised deadline. Emphasize that you’re including ‘time is of the essence’ in your contract, which is your legal entitlement.

If the person you speak with is unfamiliar with this term, stay firm in your request. Many staff members might not be aware of ‘time is of the essence,’ so don’t be discouraged. Clarify that it is a significant element of consumer law and that you have the right to include it in your contract.

Step 3: If the supplier still won’t play ball…

If the company or supplier remains uncooperative, or if they frankly admit that there’s no chance of your goods arriving in a timely manner, there is one last course of action. You can then consider threatening the company with a claim for damages due to their breach of contract, in addition to canceling your order.

It’s important that any such claim is reasonable and appropriate for the situation. For instance, if you had ordered a wedding dress that didn’t arrive on time, you could inform the retailer that you plan to seek damages for the distress and disappointment caused by having to wear a standard off-the-rack dress instead.

The threat of additional financial repercussions might prompt the company to expedite your delivery. If it doesn’t, proceed with filing a claim and negotiating a resolution. Refer to our earlier advice for a comprehensive guide on how to do this effectively.

Delivery rights FAQs

Q – Who pays if a parcel goes missing?

A – The responsibility for delivering your package falls on the retailer, not the delivery service. Should your item be stolen, lost, or damaged, it is the retailer’s obligation to either replace it or issue a refund, and they might also be liable for compensation.

This is due to the fact that your agreement is with the retailer, which makes them accountable for delivery issues—not the courier. For further details, refer to the section on what to do after a failed delivery mentioned above.

Q – How much compensation do you get for late or missed deliveries?

A – The amount of compensation you receive for a delayed or missed delivery varies based on the company you’re filing a claim with and the specifics of your situation. For instance, you might be eligible for compensation for any additional time off work or for the extra stress and inconvenience caused by the delay.

For further details, refer to the section on how to claim compensation for failed deliveries.

Q – What is the law on the delivery of goods in the UK?

A – When purchasing products online from a retailer or utilizing a courier service, you are safeguarded by several consumer protection laws. These laws encompass the Consumer Rights Act and the Consumer Contracts Regulations.

These protections ensure that as a consumer, you can expect goods to be delivered with ‘reasonable care and skill’. Additionally, under certain conditions, you have the right to cancel your order and receive a full refund.

Q – Do couriers have a duty of care towards buyers?

A – You can only seek compensation from a courier service for a delayed or missed delivery if you arranged the delivery yourself.

For example, if you purchased a souvenir while on vacation and hired a courier to send it to your home, any complaints about the delivery should be directed to the courier company rather than the retailer.

Q – I’ve paid for next-day delivery and my item’s not arrived – what should I do?

A – If you opted for a guaranteed or next-day delivery service and paid an extra fee for it, you are eligible to request a refund for this additional delivery cost if your item does not arrive as promised. This situation constitutes a breach of contract since the service was not delivered as guaranteed.

You will be reimbursed the difference between the cost of the standard (or most frequently used) delivery service and the premium option you selected.

If the item still does not arrive eventually, you are entitled to a full refund, which includes both the delivery charge and the cost of the item itself, and you may also be eligible for compensation.

Q – My delivery company has gone bust – what now?

A – Your optimal strategy in this scenario depends on the specifics of the situation. For instance, in December 2014, when City Link entered administration, there was a chance that the company retained parcels at its depot. However, this would require you to pick it up personally.

If the company is unable to deliver the item or if visiting the depot is not feasible, you should contact the retailer to arrange for a refund or compensation.