What are Your Rights When Dealing with Missing Deliveries and Returns?
In a recent inquiry from a reader, Lee, it was brought to light that many consumers face issues with retailers when it comes to missing deliveries and returns. Lee had purchased two pairs of shorts from Nike a year ago, and upon returning them, he was informed by the company that they never received the items. Despite providing proof of postage through Royal Mail, Nike denied Lee a refund. To shed light on this common issue, consumer rights champion Scott Dixon, also known as The Complaints Resolver, has shared his insights on the matter.
According to Dixon, Lee’s chances of receiving a positive outcome in this case are slim. He explains that the main problem lies in the fact that Lee waited a year to address the issue. This delay makes it nearly impossible to resolve the matter, as a complaint regarding missing goods cannot be left unattended for such a long period of time.
However, it is worth noting that delivery issues are quite common, and Dixon has provided guidance on the basic rights that consumers have when dealing with missing deliveries and returns.
First and foremost, Dixon emphasizes that the contract for the delivery is between the retailer and the consumer, not the courier firm. Therefore, in cases where the delivery does not reach the consumer, the retailer is legally responsible for resolving the issue under the Consumer Rights Act 2015. The retailer should contact the courier firm, with whom they have a contract, and inform the consumer of the status of their delivery.
Dixon also points out that according to S29 (2) of the Consumer Rights Act 2015, the goods remain the responsibility of the retailer until they are physically received by the consumer or by someone designated by the consumer to receive the goods.
In the case of missing deliveries, the retailer has the option to either refund the consumer or arrange for the goods to be delivered again. If the retailer fails to do so, the consumer can raise a chargeback with their bank or credit card provider within 120 days of the purchase or payment to obtain a refund. Dixon advises consumers to cite ‘breach of contract’ under the Consumer Rights Act 2015 when requesting a chargeback, as this may increase the chances of a successful resolution. He also notes that retailers are often reluctant to deal with chargebacks due to the complications and expenses involved in the process.
However, if the consumer has given specific delivery instructions, such as leaving the item in a designated safe place, and the item goes missing, they may lose their rights to a refund. This is because the retailer and courier firm have followed the consumer’s instructions, and the responsibility lies with the consumer in such cases.
When it comes to returns, consumers have a 14-day cooling-off period for non-bespoke items under the Consumer Contracts Regulations 2013. In most cases, retailers provide a returns label or a link to their returns policy, along with instructions on returning the goods. These returns are usually handled by courier firms, such as Royal Mail or DHL, where the items are scanned at a local convenience store. However, Dixon warns that consumers should be cautious as they may not always receive a receipt from the convenience store, leaving them with no proof in case the goods go missing in transit.
To protect themselves, Dixon advises consumers to follow the same policy that courier firms use when delivering goods to them – take a photo of the goods at the point of handover and insist on a receipt. This serves as proof in case of a dispute over lost goods in transit. He also stresses that retailers cannot shift the responsibility to the courier firm in such cases, as they have engaged the firm to safely return the goods, and the Consumer Rights Act 2015 applies.
In situations where retailers do not provide specific returns instructions, the contract is then with the courier firm. However, the same principles outlined above still apply. Under S49 of the Consumer Rights Act 2015, the trader is obligated to perform the service with reasonable care and skill.
In response to a request for comment from Sky News, Nike could not be reached for a statement.
In conclusion, consumers facing issues with missing deliveries and returns should be aware of their rights and take necessary precautions to protect themselves. If they encounter any difficulties in obtaining a refund, they can seek assistance from their bank or credit card provider, or as a last resort, take legal action through the Small Claims Court.
