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What Can I Do When Goods I've Ordered Don't Arrive?

By: Sarah Clark (ILEX) - Updated: 9 Aug 2017 | comments*Discuss
 
What Can I Do When Goods I've Ordered Don't Arrive?

“I ordered a laptop online, from a well known retailer. I paid on my credit card, and it was due to be delivered two weeks ago. It didn’t arrive on the day I expected it, so I e-mailed the company and asked them where it was.

“They told me that the model I’d ordered was currently out of stock, and that there should be more coming in later that week. I didn’t hear any more from them so after another week I called again, and was told that they still didn’t have any of that model in stock, and I should be getting my delivery as soon as they got more of them in. Apparently because it was such a good deal, there was a run on them, and they’ve been hard to get hold of.

“I still haven’t had anything, and I really wanted that deal. Can I force them to deliver the laptop?”

Advice

Well, if they don’t have any of them in stock, you can’t make them deliver, but this puts them in breach of their contract to you under the Sale and Supply of Goods Act, and so entitles you to ‘Make time of the essence’.

Making Time of the Essence

You must write to the company (but you can e-mail the letter, even though it’s a good idea to send a hard copy by recorded delivery too.) Explain that you ordered and paid for the laptop, and give the date, and that you paid for it at the time, but that they have failed to complete the contract, so you are now ‘making time of the essence.’

Add that you require your laptop to be delivered by a date in the future that you believe to be reasonable. You set this date, but you have to be realistic, because if you tell them you want it by tomorrow, it’s just not going to happen. Ideally, you probably need to give the company a week at least to come up with the goods, and you need to make this clear in writing.

Making time of the essence is legally inserting a condition into your contract under the Sale and Supply of Goods Act. This also gives you the right to terminate your contract if they don’t supply you with your goods by the time that you set out in your letter, so you can add that if the laptop isn’t with you by a certain date, you will have no option but to request a refund so that you can purchase the goods elsewhere.

Unfortunately, this may mean that you don’t get the same great deal that the company are currently offering, and there isn’t much you can do about that. You can’t force them to deliver goods if they genuinely don’t have any, but their breach of contract does mean that you’re entitled to a full refund of anything you’ve paid them.

If they refuse to give you a refund, then you can take the issue up in the courts. Usually a sternly worded letter, warning them that if you don’t have a refund within 14 days you will be taking legal action tends to make them pay up swiftly.

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gdc - Your Question:
We purchased a new kitchen from Kitchen Revolutions Ltd and there were a few mistakes in which we are trying to negociate without success.The issues are things such as a cabinete sold to fit a microwave that does not fit it (although it is not specified in the purchase order, the purpose it was known by supplier), a worktop without the groves (also not specified due to a very vague specification order but known by both kitchen supplier and its subcontractor), sink bowl that does not fit the cabinet (a side panel was cut in order to fit it), a cabinet with round LED light instead of strip ligh and a Britta tap different from the one chosen.Also, the Knife block and the spice rack for wall unit still need to be delivered (she is making up extra costs in order to keep these items, but we have paid in full prior to delivery).We are not clear if we can go for a full refund, since the whole kitchen is now compromised in case we refuse these units or not, because the main purpose of a kitchen is to cook (the works have stopped so the kitchen is still unfinished and not tested yet).We are completely unsactisfied and already exausted due to the long negotiation and delay in the works caused for these issues, putting our kids under an unpleased living situation. Today is the 14th day of receipt of our letter by Kitchen Revolutions Ltd. We did not hear from them yet. Please give me some advise in what to do next, as we are not completely sure about our rights.Thanking you in advance.

Our Response:
We don't really have enough information to give good advice here. The problem seems to be that your purchase order was either not detailed enough or you didn't inspect it properly before agreeing/paying the deposit. If you feel you have been mis sold the kitchen, you may have to pursue it via the small claims court which will handle claims for up to £10,000.
ConsumerRightsExpert - 10-Aug-17 @ 12:00 PM
We purchased a new kitchen from Kitchen Revolutions Ltd and there were a few mistakes in which we are trying to negociate without success. The issues are things such as a cabinete sold to fit a microwave that does not fit it (although it is not specified in the purchase order, the purpose it was known by supplier), a worktop without the groves (also not specified due to a very vague specification order but known by both kitchen supplier and its subcontractor), sink bowl that does not fit the cabinet (a side panel was cut in order to fit it), a cabinet with round LED light instead of strip ligh and a Britta tap different from the one chosen. Also, the Knife block and the spice rack for wall unit still need to be delivered (she is making up extra costs in order to keep these items, but we have paid in full prior to delivery). We are not clear if we can go for a full refund, since the whole kitchen is now compromised in case we refuse these units or not, because the main purpose of a kitchen is to cook (the works have stopped so the kitchen is still unfinished and not tested yet). We are completely unsactisfied and already exausted due to the long negotiation and delay in the works caused for these issues, putting our kids under an unpleased living situation. Today is the 14th day of receipt of our letter by Kitchen Revolutions Ltd. We did not hear from them yet. Please give me some advise in what to do next, as we are not completely sure about our rights. Thanking you in advance.
gdc - 9-Aug-17 @ 2:45 PM
I purchased a guide book 2017 on 22nd May for my parents for which showed where the could use 'camping cheques' for this year.They used to be able to buy at same time as the cheques in the UK but now you can only buy direct from company in France.The book didn't arrive before they left and still hasn't and they are now back so no longer require it.I rang the company (no email to contact) and explained the situation and asked for refund.They said not their fault unable to give refund but they could resend book.Explained no longer needed as camping cheques now used (with last year's book where possible).Still refused a refund.Should they still issue a refund?If they won't can I still claim through my credit card as a charge back?
Hazel - 7-Jul-17 @ 6:17 PM
Dralnegar - Your Question:
I have a complaint to make about a company called Big Chief Studios (BCS). This company is a reseller for a large amount a 1:6 scale display actions figure i.e. Star Wars / Marvel etc. However they also produce a range of their own. They keep advertising new products, and as I like to have all of their products I sign up for them and pay over a 6th month period or so. However orders that we made for products well over a year ago have still not been honored, and a lot of people are complaining about this. BCS keep advertising new products that you can pre-order, but there are so many figures that people have paid for, for quite a long period of time, that the delivery date is no where in sight. Is there anything that can be done to anonymously contact them, by trading standards to investigate their business practises as at this point I find it a little dodgy.

Our Response:
In general your consumer rights say that you can ask for your money back if you don’t receive the item either within 30 days of buying it or on the date you agreed with the seller. If the seller refuses to give you your money back, you should put your complaint in writing. Looking at the retailer's website it seems that item's purchaed via their payment plan are treated differently and they include the following statement "Items purchased by Payment Plan will be shipped to customers once the goods have come into stock and the last payment has been charged and cleared. Shipping costs and any applicable taxes are added to the last payment."
When you order another item via this plan, we suggest you contact the retailer first asking them for rough time scale of when the item will be in stock. That will mean you can use your consumer rights with regards to delivery.
ConsumerRightsExpert - 6-Jul-17 @ 12:22 PM
I have a complaint to make about a company called Big Chief Studios (BCS). This company is a reseller for a large amount a 1:6 scale display actions figure i.e. Star Wars / Marvel etc. However they also produce a range of their own. They keep advertising new products, and as I like to have all of their products I sign up for them and pay over a 6th month period or so. However orders that we made for products well over a year ago have still not been honored, and a lot of people are complaining about this. BCS keep advertising new products that you can pre-order, but there are so many figures that people have paid for, for quite a long period of time, that the delivery date is no where in sight. Is there anything that can be done to anonymously contact them, by trading standards to investigate their business practises as at this point I find it a little dodgy.
Dralnegar - 5-Jul-17 @ 6:56 PM
Tolerant - Your Question:
I purchased a rechargeable power brush (for my bathroom) which had been advertised on Facebook. I paid extra to have a quicker delivery. I was told I would have a tracking number 3-5 days later. I didn't receive this and my delivery has still not come. I have no address or phone number for the company, only an email address. I have sent them countless emails but they have not replied to any of them - the payment was taken out of my credit card on the day I ordered it. The total was £42.80. Have I any way of getting my money back?

Our Response:
If you had an agreed delivery time which wasn't met, you can claim a refund from the retailer. If the retailer is not responding to your request for a refund, you can try contacting your credit card company first of all. If that fails, report it to Trading Standards and then consider the small claims courts. All commercial websites are required by law to provide details of their identity together with an address. If you bought directly off a facebook shop page you might need to contact them, try this help page
ConsumerRightsExpert - 26-Jun-17 @ 2:35 PM
I purchased a rechargeable power brush (for my bathroom) which had been advertised on Facebook. I paid extra to have a quicker delivery. I was told I would have a tracking number 3-5 days later. I didn't receive this and my delivery has still not come. I have no address or phone number for the company, only an email address. I have sent them countless emails but they have not replied to any of them - the payment was taken out of my credit card on the day I ordered it. The total was £42.80. Have I any way of getting my money back?
Tolerant - 23-Jun-17 @ 8:21 PM
I've ordered a mower online from the UK's no 1 online garden machinery store. Admittedly it was cheaper than anywhere else at £300. I received a confirmation by e-mail, but not adelivery date - so i e-mailed them to ask. A professional looking reply came back saying it would be delivered in 2 weeks. It still hasn't arrived & i cant get hold on of them on phone - just a message to say they are busy then tells you to ring off.They look authentic online showing new & used machines - what do i do please. i could drive to them but about 2 hours away!
Scrogg - 26-May-17 @ 10:10 AM
Dave - Your Question:
I ordered 5 internal doors online. Two arrived today, but upon contacting the supplier regarding the order shortfall I was advised that the other 3 were delivered to us on 5th April ( the day after placing the order). This is not the case and we have not received any doors previously or been advised of any delivery. What should I do ? Payment was by Credit Card. The amount paid was over £1,000.

Our Response:
Is itthe retailer's responsibility to ensure items are delivered to you as ordered. If you haven't received them, the retailer should follow this up with the courier or post office to find out what's happened to the doors and let you know. If your item wasn't delivered (e.g it was left with a neighbour etc), it is the retailer's responsibility by law to sort it out. If the item doesn't turn up, you're legally entitled to a replacement or refund.
ConsumerRightsExpert - 4-May-17 @ 2:19 PM
I ordered 5 internal doors online. Two arrived today, but upon contacting the supplier regarding the order shortfall I was advised that the other 3 were delivered to us on 5th April( the day after placing the order). This is not the case and we have not received any doors previously or been advised of any delivery. What should I do? Payment was by Credit Card.The amount paid was over £1,000.
Dave - 3-May-17 @ 10:55 PM
I bought a coffee machine from Nespresso which I never received on 30th January and I've been trying to get a refund since then without any success.I am desperate to get some resolve in this matter but Nespresso keep fobbing me off.What can I do?
Sancha - 23-Apr-17 @ 11:34 PM
cazmillon - Your Question:
Is this legal in the terms and conditions:PLEASE NOTE THAT IF YOU DO NOT CHOOSE THE INSURED OPTION, WE WILL NOT BE HELD LIABLE FOR ANY LOSSES IN TRANSITObviously I chose the uninsured postal option and clicked on agree to terms. Goods never arrived and retailer won't replace or refund.

Our Response:
What are the details? Was this an online order? Was the insurance for postage? Was it a UK retailer? Sorry at the moment there's not enough information to comment.
ConsumerRightsExpert - 16-Mar-17 @ 2:40 PM
Is this legal in the terms and conditions: PLEASE NOTE THAT IF YOU DO NOT CHOOSE THE INSURED OPTION, WE WILL NOT BE HELD LIABLE FOR ANY LOSSES IN TRANSIT Obviously I chose the uninsured postal option and clicked on agree to terms. Goods never arrived and retailer won't replace or refund.
cazmillon - 15-Mar-17 @ 6:31 PM
I purchased 5 sets of blinds from a store in their sale.I took possession of two and told the other three would be sent from their other branch in a few days.Two weeks later they did not arrive and I had returned the other two as they needed to be trimmed and the installersrefused to work with cut blinds.I was told I couldn't get a refund.A sign in their store only states no refund on net curtains and I was not told about their refund policy at the till.I spoke to the manager who offered to give me a discount on custom made roller blinds which my credit covered. I was told it would take two weeks to be made.I called in the second week to see if two of the pulls/controls could be changed to the left.I was told it was too late as the blinds would have been made.Three weeks on I called to get a status as no-one had called.The manager said there was a fire at the factory and they would have to get the blinds made else where.I have no faith in this store.I have been promised delivery the following week but feel this will not materialize.What can I do now as they do not want to refund my money.
Miss M - 4-Mar-17 @ 2:39 PM
We bought 2 cars last week and paid for them and picked them up on Thursday.On Friday the same cars were in the paperat a much reduced price. The advert was sent into the paper before we bought them. Advice please.
BW - 29-Jan-17 @ 9:13 PM
I placed an order with CEX on the 27 December 2016. I received notification that goods were being dispatched on the 2 January, unfortunately they were never delivered. I contacted CEX and they said wait until the 16 January and then contact us if not received. My problem now it that they are totalling ignoring all of my communcations in respect of the goods that have not been delivered. They do not have a phone number for customer services as only communicate by email so cannot speak to anyone at the company. Is there any suggested course of action i could take that will prompt them to contact me and ultimately send me by goods which i have paid for.
Ian - 28-Jan-17 @ 6:02 AM
I brought a phone off a private seller from a facebook buy/swap page but its been just under two weeks and havnt recieved anything and havnt heard from the seller either who was quiet prom to start with, i have paid via bank transfer and have now seen the same person advertiing to scam again. What should i do,please help!
tylerdavis - 28-Dec-16 @ 10:01 AM
I have bought a product from SavviBuys. They took the money from my account on 13th Dec. Promised delivery yesterdsy 23rd Dec. Nothing arrived. Not responding to any emails and i cant find a contact phone number.Its a gift for someone special tomorrow Christmas ay.
Chrissy - 24-Dec-16 @ 10:52 AM
I have also the same problem.ordered item is not come even after 30 days. What should I do to claim my product. Whenever I called that company they said your product is out of stock.
Amit - 24-Dec-16 @ 10:37 AM
i made an order of clothing online to forever boutique in oct and they kept telling me it was a pre order item an we're waiting for them to arrive, i'm still waiting for my perchase, they have taken my money left me with nothing and have blocked me from contacting them! pleasewhat can i do now!?
rach - 10-Dec-16 @ 10:21 PM
Wayne - Your Question:
I purchased something online and haven't received anything I've tried emailing but have got no reply

Our Response:
Try phoning. Sometimes a customer phone line is more effective. If you don't have the item delivered within 30 days, write to them and tell them you are cancelling your order for a full refund. Your card company should be able to help with this.
ConsumerRightsExpert - 5-Dec-16 @ 12:52 PM
I purchased something online and haven't received anything I've tried emailing but have got no reply
Wayne - 2-Dec-16 @ 8:59 AM
H - Your Question:
I ordered a personalised phone case on line from Wrappz, and was told I would receive it once shipped within two days, 10 days later I still haven't received it, I have emailed several times and not had any response, I have tried calling but it's an automated response that says to email them. What can I do now?

Our Response:
You can cancel an order if it's not delivered within the agreed timescales. Write to the company (the address is at the bottom of their website pages) and say if it's not received within the next 7 days you will exercise your right to cancel. If they do not respond/your do not receive your item, contact the card provider of the card you paid with.
ConsumerRightsExpert - 30-Nov-16 @ 12:58 PM
I ordered a personalised phone case on line from Wrappz, and was told I would receive it once shipped within two days, 10 days later I still haven't received it, I have emailed several times and not had any response, I have tried calling but it's an automated response that says to email them. What can I do now?
H - 29-Nov-16 @ 4:41 PM
Bought stuff of wowcher in oct not received wowcher said contact company i did 4 times each time they said sent out not got money back wowcher wont do anything niether will company where do i stand
Jeanne - 26-Nov-16 @ 8:05 PM
We ordered a travel system from a well known retailer, told on numerous occasions that it was on pre order however at time of sale this was not the case. They offered different colours however after further contact (to which they NEVER called or made contact with us we had to call or email) they found the item paid for was not in stock and won't ever be in stock again. What rights do I have to get the goods that they have taken money for or refund or compensation?
Kharv - 26-Nov-16 @ 5:31 PM
Sophie - Your Question:
Hi, I ordered 3 mini personalised footballs online on the 9th October 2016. Its now the 22nd November 2016 and im still waiting for the order. Ive emailed the company 4 times, messaged them on facebook and put a comment on their facebook page which they deleted. I try to ring them and I cant get through. I dont know what else to do or where I stand, could you please give me some advice?Thank you

Our Response:
You can cancel an online order that is not delivered within 30 days (unless an alternative date was agreed at the time of order). You should therefore write to them saying you are exercising this right and demanding a refund - contact your credit card company if they do not cooperate.
ConsumerRightsExpert - 23-Nov-16 @ 10:04 AM
Hi, i ordered 3 mini personalised footballs online on the 9th October 2016. Its now the 22nd November 2016 and im still waiting for the order. Ive emailed the company 4 times, messaged them on facebook and put a comment on their facebook page which they deleted. I try to ring them and i cant get through. I dont know what else to do or where i stand, could you please give me some advice? Thank you
Sophie - 22-Nov-16 @ 12:22 PM
Mimi - Your Question:
Hi, I ordered a pair of shoes online and payment was taken the next day. When I placed the order I received a confirmation email which indicated I would get a further email confirming dispatch once payment was processed. This has not happened (two weeks later). I emailed the company and contacted them via a form on website but haven't received a response (the website doesn't have a phone number). I'm wondering what I can do now given they aren't responding to me. Thanks

Our Response:
Most good companies will provide a telephone number and an email address (the latter is an obligation). The terms and conditions should also state the ordering and delivery process etc. If no other delivery times have been agreed and the item arrives after 30 days - you can legally cancel the contract and claim a refund. If the company isn't responding, report them to Trading Standards. Your credit card company will help if you have not received anything by 30 days. The Resolver website has phone numbers of many online sellers, so it's worth checking there to see if there's a number to call them on.
ConsumerRightsExpert - 14-Nov-16 @ 11:12 AM
Hi, I ordered a pair of shoes online and payment was taken the next day. When I placed the order I received a confirmation email which indicated I would get a further email confirming dispatch once payment was processed. This has not happened (two weeks later). I emailed the company and contacted them via a form on website but haven't received a response (the website doesn't have a phone number). I'm wondering what I can do now given they aren't responding to me. Thanks
Mimi - 12-Nov-16 @ 11:27 AM
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