Refund for damaged goods on delivery

Question
Can I get a refund if my order arrives damaged?

Short answer: Yes, in most cases you are entitled to a refund, repair, or replacement if goods arrive damaged.

Legal position:

Under the Consumer Rights Act 2015, goods supplied to a consumer must be of satisfactory quality, fit for purpose, and as described. Goods that arrive damaged will almost certainly fail the satisfactory quality requirement under section 9 of the Act.

Your rights depend on timing and what remedy you want.

1. Within 30 days of delivery, you have a short-term right to reject the goods and claim a full refund. This is the strongest position and is usually the simplest route.

2. After 30 days but within six months, you must give the trader one opportunity to repair or replace the goods. If the repair or replacement fails, or is not carried out within a reasonable time and without significant inconvenience to you, you can then claim a refund. During this period, there is a presumption that the fault was present at the time of delivery, so the burden is on the trader to prove otherwise.

3. After six months, the burden shifts to you to show the goods were defective at the time of delivery. For goods that arrive visibly damaged, this is usually straightforward provided you have evidence such as photographs taken on arrival.

Key practical points:

Your contract is with the seller, not the courier. Even if the damage was caused during transit, the seller is responsible. Do not let a trader try to redirect you to the delivery company.

If you paid by credit card and the goods cost over £100 but no more than £30,000, you also have a claim against the credit card provider under section 75 of the Consumer Credit Act 1974. If you paid by debit card or through PayPal, you may be able to pursue a chargeback, though that is a voluntary card scheme process rather than a statutory right.

Practical next steps:

1. Photograph the damaged goods and the packaging as soon as possible after delivery.

2. Contact the seller promptly in writing, by email or through their website, stating clearly that the goods arrived damaged and that you are exercising your right to reject them and requesting a full refund under the Consumer Rights Act 2015.

3. Keep a record of all communications.

4. If the seller refuses or ignores you, consider raising a section 75 claim with your credit card provider or a chargeback with your debit card provider.

5. If those routes are unavailable or unsuccessful, you can escalate to an alternative dispute resolution scheme if the trader is a member of one, or complain to Trading Standards via the Citizens Advice consumer helpline.

6. As a last resort, a claim through the small claims track of the county court is available for amounts up to £10,000. For damaged goods this is usually straightforward and the court fee is modest relative to the value of many purchases.

If you can tell me more about the value of the goods, how you paid, when they arrived, and what the seller has said so far, I can give you more tailored guidance.

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