A retailer pointing you toward Evri or Yodel because tracking says "delivered" is skipping a step UK law doesn't allow them to skip: goods stay legally at the seller's risk until you — or someone you actually nominated — physically has them.
The Rule: Physical Possession, Not a Tracking Status
Section 29 of the Consumer Rights Act 2015 (CRA 2015) is explicit: goods remain at the trader's risk until they come into the physical possession of the consumer, or a person the consumer has identified to take possession on their behalf. This applies regardless of which carrier the trader chose to use for delivery.
There's one statutory exception, under Section 29(3): if the consumer is the one who arranged and chose a carrier the trader didn't offer, risk transfers when that carrier takes the goods, not at the point of physical receipt. For the overwhelming majority of online purchases — where the retailer selects and arranges the courier — this exception doesn't apply, and the general rule holds.
Why "The Courier Says Delivered" Isn't a Valid Defence
Your contract is with the retailer, not the courier — there's no privity of contract between you and Evri, Yodel, or whichever carrier the retailer used. A retailer telling you to "take it up with the courier" is, in most cases, misdirecting you away from the party actually obligated to you. If a parcel is lost or stolen in transit without ever reaching your physical possession, the retailer has failed to perform the contract under Section 28 CRA 2015 (the delivery obligation itself), and you're entitled to a full refund or replacement, at the retailer's expense — not something you need to chase the courier for yourself.
What This Means When You Raise It
- If a retailer directs you to the courier, you can respond citing Section 29 CRA 2015 directly — the risk was theirs, and your contract remains with them, not the carrier.
- Confirm whether you personally arranged the specific carrier used (rare for standard online orders) — this is the only scenario where the Section 29(3) exception could shift risk earlier.
- Request a full refund or replacement, framed as the retailer's own failure to deliver under Section 28, rather than a request for a favour.
- Keep your order confirmation and any delivery notification as evidence of what was agreed and what actually happened.
Related Kibbo Tools
Sources
- Legislation.gov.uk — Consumer Rights Act 2015, Section 29. legislation.gov.uk
- Citizens Advice — If something you ordered isn't delivered. citizensadvice.org.uk