Christmas order running late? When you can cancel for a full refund

What's happening

Christmas orders are starting to pile up, and with Black Friday on 27 November, the busiest delivery weeks are still to come. If a parcel turns up late, or not at all, you have rights under the Consumer Rights Act 2015. Section 28 sets out when goods must arrive and when you can cancel for a full refund. Section 29 says the goods stay at the seller's risk until they reach you.

The key question is whether you agreed a delivery date, and whether you made it clear that the date mattered.

At a glance

• If no date was agreed, the seller must deliver without undue delay and within 30 days of the order.
• If a date was agreed and it was essential, you can cancel straight away when it's missed and get all your money back.
• If the date wasn't essential, you can set a new, reasonable deadline. Miss that, and you can cancel.
• Lost parcels are the seller's problem, not the courier's and not yours, unless you picked the courier yourself.
• Online orders also come with 14 days to change your mind after delivery, for most goods.

When delivery is "essential"

Section 28(6) lets you treat the contract as ended if the seller refuses to deliver, or misses an agreed date that was essential. A date counts as essential if that was clear from the circumstances when you ordered, or if you told the seller before ordering that delivery on time was essential.

In practice, that means getting it in writing. If you pay extra for "guaranteed delivery by 23 December", the date is clearly part of the deal. If you're ordering a Christmas jumper or an advent calendar, the item itself suggests a deadline. If it's less obvious, use the order notes box or send the retailer an email before you pay, saying "I need this by 20 December for a Christmas present, and delivery by then is essential."

When it isn't essential

If you didn't agree an essential date, section 28(7) lets you set a new period that's reasonable in the circumstances. If the seller misses that too, you can cancel under section 28(8). The seller must refund everything you've paid, including standard delivery, without undue delay.

Lost and stolen parcels

Under section 29, goods remain the seller's responsibility until they come into your physical possession, or that of someone you've named to receive them, such as a neighbour. A photo of a parcel on a doorstep you didn't choose isn't the same as delivery to you. The exception is if you arranged the courier yourself and the seller didn't offer it.

A worked example

This is an illustration. On 20 November, Priya orders a £120 coat for her mum from a high street website. Checkout offers "Christmas delivery by 18 December" and she adds a note saying it's a present that must arrive before she travels on 21 December. On 19 December, nothing has turned up and tracking hasn't moved.

Because the date was agreed and she said it was essential, she can cancel the order now under section 28(6) and ask for her £120 plus delivery back, without undue delay. If the coat arrives later, she can refuse it or send it back under her 14-day cancellation right. If she hadn't flagged the date, she'd have to give the retailer a fair new deadline first, perhaps a few days, before cancelling.

What to do now

1. Check the confirmation email for the promised delivery date and save a screenshot.
2. Tell the seller before you order if the date is essential, and keep a copy.
3. If it's late, contact the seller, not the courier. Your contract is with the seller.
4. Set a deadline in writing if the date wasn't essential, such as seven days, and say you'll cancel if it's missed.
5. Cancel and ask for a full refund, quoting section 28 of the Consumer Rights Act 2015.
6. If the seller won't refund, ask your card provider about Section 75 (credit card purchases of an item over £100 and up to £30,000) or a chargeback.

Questions

The seller says it's the courier's fault. Is that right?

No. The goods are at the seller's risk until they reach you, so the seller has to sort it out with the courier.

How does the 14-day cancellation right fit in?

For most online orders, the Consumer Contracts Regulations let you cancel from the moment you order until 14 days after the goods arrive. Once you've sent goods back, the seller should refund you within 14 days of getting them back, or of your proof of return. Personalised items and some sealed goods are excluded.

Do I get delivery charges back?

Yes. If you cancel under section 28, the seller must refund all payments made under the contract, and that includes any extra you paid for faster or guaranteed delivery.

Ways to save

Shops with click and collect can avoid the courier problem altogether. Argos, John Lewis and Currys all offer store collection, and we list current codes for Amazon and Very too. Order early, and check the delivery date before you pay.

Sources: Consumer Rights Act 2015, section 28, Consumer Rights Act 2015, section 29, Consumer Contracts Regulations 2013, regulation 30, Consumer Contracts Regulations 2013, regulation 34, Consumer Credit Act 1974, section 75