We have entered into a digital era where internet shopping is not only easier, it is widely accessible. Who likes rustling through large numbers of items only to not find your size or have to stand in a queue for 20 minutes to purchase one item? NOT A SINGLE PERSON. In a world where people are busy with their lives the retail companies have made shopping easier. HURRAH. (I shop a lot!) But like everything it does not come without problems.
ASOS has recently refused to take any orders from TOWIE star Lucy Mecklenburgh after she advised them she did not receive her parcel. What are your rights if you do not receive a parcel?
COMPLAIN COMPLAIN COMPLAIN! However, it has not worked for Miss Mecklenburgh so far. If they cannot prove your parcel was delivered to you, refuse to refund you and block you as a customer then it can be important to know your rights.
The Consumer Contracts Regulations came into force on 13th June 2014. These implement the European Consumer Rights Directive into UK law. These apply to all purchases you make at a distance, for example online or over the phone and replaces the Distance Selling Regulations.
The Consumer Rights Act which came into force on 1st October 2015, which states the retailer is responsible for the condition of the goods until the good are received by you, or by someone else you have nominated to receive them on your behalf such as a neighbour. This means that the retailer is liable for the services provided by the courier it employs – the delivery firm is not liable. There is a default period of 30 days during which the retailer needs to deliver the goods to you unless a longer period has been agreed. If your delivery is later than agreed and it was essential that it was delivered on time, then you have the right to cancel the purchase and obtain a full refund. If the delivery isn’t time essential but another reasonable time can’t be agreed, you’re also within your rights to cancel the order for a full refund. In this instance Lucy is well within her rights to complain to the retailer as her contract is with ASOS and it is the retailer’s responsibility to ensure you receive the goods. If Lucy had paid for next day delivery or nominated a day to receive her parcel and she did not receive same by the correct date, this is a breach of contract. If it was essential that her goods were delivered on time (in this case in time for her boyfriend’s birthday) then she has the right to terminate the purchase and obtain a full refund.
If it was not clear to the retailer at the point of purchase that it was essential and she did not make the retailer aware she needed her goods delivered by a certain date or time frame, she should give them another opportunity to deliver the goods. Even though ASOS have advised her they will not deal with her she should contact them and give them a further deadline to deliver by. The amount of time she gives has to be ‘appropriate in the circumstances’ and so will depend on the particular item she has ordered and why she needs it. If they do not redeliver the item within a time period you can request a full refund. Where you have the right to end the contract for non-delivery the retailer should refund you without undue delay the amount you paid for the goods AND the delivery charge you paid.
If you have made it obvious the delivery is time sensitive you can request a refund if you made it clear the delivery was essential. You can also ask for the money paid for a faster delivery. You can also receive compensation for a timed delivery which turns up late. This varies depending on the length of the delay and the type of delivery you paid for. Lastly you can cancel the contract within 14 days after delivery and receive a full refund including postage as long as you have chosen the least expensive and most common delivery method. If you cancel you order and have paid for a more expensive delivery, you’ll get a refund for only the least expensive delivery method. If you wish to return goods within 14 days you can do so under the Consumer Contract Regulations.
In conclusion, with Christmas looming and busy work schedules, online shopping will be booming and issues with delays and parcels being damaged or not arriving may be more common. Always make your complaint in writing so you have a paper trail and if the retailer is not responding, asking for a response via social media normally gets the retailers attention as they do not want to portray a bad public image. If not, please contact one of our offices to obtain further information.
Blog by Neha Sood, Solicitor