Parcel Lost, Stolen, or Damaged in Delivery? Why the Retailer — Not the Courier — Must Refund You (UK)

You order something online, wait in for it, and then it all goes wrong: the tracking says "delivered" but nothing arrived, the box turns up crushed and the contents broken, or the courier leaves it in a "safe place" you never agreed to and it disappears. Call the retailer and you will often hear the same thing — "that's a problem with the courier, you'll have to take it up with them." In most cases that is simply wrong. Here is what the law actually says, and how to put the retailer on notice in writing.

The Core Rule: It Is the Retailer's Responsibility Until It Reaches You

Under section 29 of the Consumer Rights Act 2015, goods remain at the trader's risk until they come into the physical possession of you — or a person you have named to take possession of them. In plain terms: for a normal online order, where the retailer chooses or arranges the delivery, the goods are the retailer's responsibility right up to the point they are in your hands. If the parcel is lost, stolen, or damaged before it gets to you, the retailer bears that loss — not you.

That is why the "take it up with the courier" line usually does not hold up. You have no contract with the courier. The retailer is the one who hired the delivery company, so the retailer is the one who has to sort out a lost or damaged parcel — by refunding you or resending the item. Chasing the courier is the retailer's job, not yours.

"Safe Place" and Neighbour Deliveries

This is where it turns on one question: did you agree to it?

• If you did NOT nominate the safe place or neighbour — the courier simply decided to leave it behind a bin, in a porch, or with number 42 — and it then goes missing, the accepted position is that the retailer remains responsible, because the goods never actually reached you or anyone you authorised. You can ask for a redelivery or a refund.
• If you DID specifically nominate that safe place or neighbour — for example, you left delivery instructions asking for it to be left in the shed — then you have accepted the risk for that location, and it is much harder to hold the retailer liable if it disappears from there.

One point of accuracy: the Act itself talks about the goods reaching "a person identified by you", rather than spelling out "safe places" in those words. The safe-place position above is how consumer bodies and complaint schemes apply the rule in practice, and it is widely accepted — but it is an interpretation of the risk rule, not a line you can quote verbatim from the statute. If in doubt, keep your argument anchored on the core point: the goods were never delivered into your possession or to anyone you authorised.

The Parcel Never Arrived: The 30-Day Rule

Non-delivery is covered by a different part of the same Act — section 28 (delivery of goods). If you did not agree a specific delivery date, the retailer must deliver without undue delay, and in any event within 30 days of the order. If they miss that:

• You can set a new, reasonable deadline and ask them to deliver by then; and
• If they still fail — or if timely delivery was essential and you had made that clear, or they refuse to deliver — you can treat the contract as at an end and claim a full refund of everything you paid.

The retailer must refund you without undue delay once the contract is ended. Note this is separate from the cancellation right below — don't let a retailer conflate the two to fob you off.

You Can Also Just Change Your Mind: The 14-Day Cancellation Right

Separately, for most online and other distance purchases, the Consumer Contracts Regulations 2013 give you a 14-day cooling-off right to cancel for any reason — no fault needed. The clock generally runs from the day you receive the goods; you then have a further 14 days to return them, and the retailer must refund within 14 days of getting the goods back or proof you have sent them. This is a genuinely different right from the non-delivery refund above: one is about a seller failing to deliver, the other is about you simply deciding you don't want it.

The Parcel Arrived Damaged

If the item reaches you broken or damaged in transit, it has not been delivered in a satisfactory state, and the same principle applies: this is the retailer's problem to fix, because the goods were at their risk right up to delivery. You are entitled to ask for a repair, a replacement, or — depending on the circumstances — a refund. Photograph the packaging and the damage as soon as you open it, and report it promptly.

Where the Rules Are Different — Read This Before You Write

These protections are strong, but they are not universal. They do not apply, or apply differently, in these situations:

• You arranged your own courier. If you chose and hired a delivery firm that the retailer did not offer, the risk passes to you once the goods reach that courier — so a loss in transit is not the retailer's responsibility.
• Business (B2B) purchases. The Consumer Rights Act 2015 protects consumers — individuals buying mainly outside a business. If you bought for a business, different law applies and much of the above will not help you.
• Marketplace third-party sellers. If you bought from a third-party seller on Amazon or eBay rather than the platform itself, your legal rights are against that seller, not Amazon or eBay. Their buyer-protection guarantees (Amazon A-to-z, eBay Money Back Guarantee) are useful, often faster, commercial schemes — but they are not the same thing as your statutory rights, and have their own rules and windows.
• Private sellers. If the seller is a genuine private individual, not a business, the full consumer-rights remedies above do not apply at all — private sales are governed by more limited rules.

How Long Do You Have?

There is no fixed statutory deadline that says you must report non-delivery or damage within a set number of days to the retailer — but you should always report it as soon as possible, both because it is good practice and because couriers run their own separate claim windows. The long-stop legal time limit for a claim is six years in England & Wales (five years in Scotland, running broadly from when you knew or could reasonably have known about the loss). In practice, act quickly: the sooner you put it in writing, the harder it is for the retailer to stall.

What to Put in Writing

A clear, firm letter or email does most of the work, because it shows the retailer you know the law and forces a proper response. Your message should:

• State your order number, what you bought, and the date;
• Set out what went wrong — not delivered, arrived damaged, or left somewhere you did not authorise;
• Make clear that under the Consumer Rights Act 2015 the goods were the retailer's responsibility until delivered to you, so the claim is with them, not the courier;
• Say exactly what you want — redelivery, replacement, or a full refund — and give a reasonable deadline to respond; and
• Keep it factual and polite. You are not asking a favour; you are asserting a right.

If you paid by credit card and the item was £100 or more, you may also have a Section 75 claim against your card provider; for debit cards, ask your bank about chargeback. These are useful backstops if the retailer refuses to engage.