Evri says delivered. DPD says delivered. Royal Mail says delivered. The seller tells you to chase the courier. In a consumer sale, the retailer generally remains responsible for the goods until the statutory point when risk passes.
The seller cannot simply outsource its consumer contract to the courier
Section 29 of the Consumer Rights Act 2015 generally provides that goods remain at the trader's risk until they come into the physical possession of the consumer or a person identified by the consumer to take possession of them, other than the carrier.
So where the consumer has not received the goods, the trader will generally be the party that has to resolve the delivery problem.
What if the courier says “delivered”?
A delivery scan is evidence, not automatically the end of the legal analysis. If the package was left somewhere unauthorised, delivered to the wrong address or handed to a different person without the consumer having identified that person to take possession, the trader may still have a problem under section 29.
Always check whether you actually authorised the safe place or nominated recipient in the order.
What if you nominated a neighbour?
If you identify another person to take possession of the goods, the statutory risk rule can change. The contract and delivery instructions should therefore be preserved.
Do not accept “contact the courier” as the final answer
You can certainly cooperate with a courier investigation, but the retailer is the party you bought from. Ask the retailer to resolve the non-delivery under the Consumer Rights Act and to explain what remedy it is offering.
Build the delivery evidence file
- Order confirmation and delivery address.
- Courier tracking page.
- Delivery photograph or signature.
- Any safe-place instruction.
- Date and time you discovered non-delivery.
- Messages with the retailer and courier.
What this means practically
- Section 29 generally keeps risk with the trader until physical possession by the consumer or an identified recipient.
- Do not let the retailer simply send you away to the courier.
- Check whether you authorised an alternative recipient or safe place.
- Preserve delivery records immediately.
- State the statutory issue and requested remedy clearly.
Sources
- Legislation.gov.uk — Consumer Rights Act 2015, section 29: legislation.gov.uk
- Citizens Advice — Delivery problems: citizensadvice.org.uk
Related Kibbo Tools
- Lost Parcel Claim Pack — preserve courier scans, photos, safe-place instructions, and the seller's responses.
- Refund & Warranty Claim Generator — structure the claim against the seller.