Under the Consumer Rights Act 2015, the retailer bears legal responsibility for ensuring purchases are delivered within a reasonable time and in good condition, even when a courier makes an error. This is the key conclusion from Kal Sandhu, a former qualified lawyer who runs the YouTube channel Better call Kal, addressing one of the most frequently raised consumer complaints in the UK.
Retailer, not courier, holds liability
Sandhu explained to his 44,000 subscribers that retailers often attempt to deflect responsibility onto the delivery company, but this is incorrect. He said: "They (the retailer) chose that courier, they remain legally responsible until the parcel arrives with you."
If an item arrives damaged, is lost in transit, never shows up, or is marked as delivered when it is clearly not, the retailer owes the solution, not the courier.
30-day cancellation rights
Shoppers are entitled to cancel their order if it fails to arrive within 30 days. Even if the parcel turns up beyond that window, the buyer is not obliged to accept it. Sandhu clarified: "The first is, delivery must happen within 30 days or you can cancel. If they don't, you can cancel that contract and get a full refund."
He added: "Before you ask, a purchase is a contract. A contract is made when you agree to buy something and they agree to sell something, and money changes hands. Even if it's online. If the package does show up after 30 days, you don't have to accept it if you've already cancelled."
Guaranteed delivery dates and marked-as-delivered parcels
If a seller guarantees delivery by a specific date and misses it, the buyer may be entitled to a refund of the delivery charge alongside the item itself. Cancellation and a full refund are possible if timing was essential, such as for a birthday gift or medication. Sandhu noted: "You can do this even if they don't say guarantee. But you will need to show that timing was essential, which is easier if they convey that when ordering."
For parcels marked as delivered but not received, unless explicit consent was given to leave the item in a specific location or with a specific individual, the retailer remains liable until the parcel is in the buyer's hands. Sandhu explained: "Maybe the driver dumped it on your doorstep, gave it to a neighbour or left it in a random safe place, or the tracking system was simply wrong and was still at the depo. Here's the key - unless you gave explicit permission, like ticking a box on a website saying 'you have my permission to leave it with a neighbour,' the retailer, not the courier, remains liable until the parcel is in your hands."
Steps to resolve a complaint
Sandhu outlined a straightforward process for resolving complaints. The first step is to contact the retailer directly, not the courier, with a clear, firm and concise email. He suggested: "Just something simple like, 'my parcel has not been delivered under the Consumer Rights Act 2015, you are responsible for ensuring I receive my goods within a certain time and in a good condition. Please confirm when I will receive a replacement or refund.'"
The second step is to give the retailer around seven days to respond. If the company declines to assist or continues deflecting responsibility, the third step is escalating the matter into a formal complaint, which could be directed towards Citizens Advice, your bank, or the Alternative Dispute Resolution service. If that still proves unsuccessful, the fourth step involves reclaiming your money, with the route depending on whether payment was made by credit or debit card and the total value of the purchase.
