Christmas order not delivered in time? Your rights

You ordered it in November, the retailer said it would arrive before Christmas, and it has not. The first thing to know is that the retailer is responsible for getting it to you, not the courier. That puts the power with you, and the clock is shorter than most people think.

The default rule: 30 days

Under the Consumer Rights Act 2015 (section 28), if you did not agree a delivery date, the seller must deliver within 30 days of the order. Not "within a reasonable time". Thirty days.

That default covers a lot of November orders, and it is worth knowing it works against you as well. An order placed on 20 November without a stated date is not legally late on 15 December. If you needed it for Christmas, the date has to be agreed.

Agreed dates and "time is essential"

If the retailer gave a delivery date, or promised arrival "by Christmas", the legal position changes.

• A specific date was agreed, or you told the seller you needed it by then and they accepted. If the seller misses it, you can end the contract and get a refund straight away, because the deadline was essential to you.
• A date was given but you made no point of it being essential. You must first give the seller a new, reasonable deadline. If they miss that, you can cancel and be refunded.

The practical lesson: put it in writing before you pay. Choose the guaranteed-by-Christmas delivery option if there is one, or email the seller: "I am ordering this as a gift for 25 December and need it delivered by 23 December. Please confirm." A reply that confirms it is what turns a late parcel into a clear right to cancel.

Lost or damaged in transit: the retailer's problem

When a courier loses your parcel, many retailers tell you to "contact the carrier". You do not need to. The goods stay at the seller's risk until they are in your hands, unless you chose the courier yourself. You have a contract with the retailer, not with Evri, DPD or Royal Mail. See our guide to what you can do when a parcel goes missing and the delivery compensation tool.

A parcel marked "delivered" that you never received is also the seller's problem to resolve. Say that in writing.

How to get your money back

1. Message the retailer in writing and use the word "complaint". State the order number, the agreed date or the 30-day limit, and what you want: a refund or immediate replacement. Our refund timeline tool shows the date they have to pay.
2. They must refund within 14 days of the contract ending, without undue delay. That is the legal limit, so put the date in your message.
3. Cancel the order in the same message if you are cancelling, to avoid a stale order arriving on 29 December.
4. Paid by credit card? Over £100 and under £30,000, Section 75 holds the card company equally liable for non-delivery. Use the Section 75 checker.
5. Debit card or PayPal? Try a chargeback for goods never delivered. PayPal's buyer protection also covers items that did not arrive.

Things that do not give you extra rights

• "Estimated delivery" dates on their own are not the same as an agreed delivery date.
• A tracking page showing a delay does not cancel the order. You must tell the seller.
• Marketplace sellers are the seller for your purposes. Amazon, eBay and Etsy third-party sellers are in the chain, but the marketplace's own guarantee (such as Amazon's A-to-z Guarantee) may be quicker. Our Amazon page has the route.

Gifts that arrive after Christmas

You still have your 14-day cancellation right from the day the goods arrive, so a gift that arrives on 28 December and is not wanted can still be returned. The 14-day returns guide explains how, including who pays for the return postage.

If they ignore you

Escalate in writing, then use the retailer's ADR scheme if it has one. Most goods retailers do not belong to an ombudsman, so the realistic routes are Section 75 or chargeback, then the small claims court. The small claims guide walks through it. A good letter in the first week usually gets a refund before you ever need those.

Order not arrived? Start a complaint and we will draft a letter that names the law and sets the deadline. They are counting on you giving up after Boxing Day. Don't.