Liability for missing delivery

Hello there! I can certainly help clear this up for you. This is a very common issue with online shopping, and the good news is that the law is designed to be very protective of buyers.

The short answer:

Almost always, it is the retailer who is legally responsible if your delivery goes missing. Your contract is with the shop you bought the item from, not the delivery company.

The legal position:

Under the Consumer Rights Act 2015, which applies in England and Wales, a retailer is entirely responsible for the goods you order until they are physically in your possession, or in the possession of someone you specifically asked them to deliver to.

Because you entered into an agreement with the retailer when you paid them, they are the ones who must ensure the item reaches you safely. If the delivery company loses your parcel, damages it, or delivers it to the wrong street, the retailer is not allowed to pass the buck and tell you to take it up with the courier. It is the retailer's job to chase the courier to find out what went wrong, but that is their problem, not yours. They must still refund or replace your item.

When the rules change slightly:

There are a couple of specific situations where the responsibility might shift away from the retailer.

If you specifically named a neighbour to accept the parcel, or you gave instructions to the courier to leave it in a certain safe space, like a porch or a shed, the retailer's responsibility ends once the courier follows those exact instructions. If the parcel is stolen from your nominated safe space after being left there, you usually have to bear the loss.

However, if the courier decides on their own to leave it in a wheelie bin or on your doorstep without your explicit permission, and it goes missing, the retailer is still legally on the hook for the loss.

Practical next steps:

Here is the most sensible way to get things sorted out.

1. Contact the retailer directly. Do not waste time calling the courier or waiting in their telephone queues. Write an email or use the retailer's customer service chat to say your item has not arrived. Gently remind them that under the Consumer Rights Act 2015, they are responsible for the goods until they are in your physical possession, and ask for a replacement or a full refund.

2. Ask for proof of delivery. If the retailer claims the item was delivered, ask them to show you the evidence, such as a photo or a signature. If the photo shows a completely different front door, or a safe space you never agreed to, point this out to them in writing.

3. Escalate the payment. If the retailer flatly refuses to help and blocks your complaints, you have another route if you paid by debit or credit card. You can contact your bank or card provider. You can ask them to reverse the transaction using the chargeback scheme for debit cards, or make a Section 75 claim if you paid by credit card and the item cost over 100 pounds.

I hope this gives you the confidence to go back to the retailer and get your missing order sorted! Let me know if you need a hand with anything else.