Introduction
Consumers in the UK are protected by a range of rules when goods arrive damaged or are otherwise unsatisfactory. Which rights apply and what remedies you can pursue depend on who you bought from (a trader or a private seller), how you paid, how the goods were delivered and when you report the problem. This article explains your legal position across common purchase routes (online stores, marketplaces such as Amazon and eBay, shop purchases and deliveries, telephone orders and private sales), the practical steps to take on receipt, and when suing (or using other remedies such as chargeback, platform guarantees or small claims) may be appropriate. If a seller refuses to put things right, the paralegal at Impel Legal may be able to assist you to pursue your remedies.
Key legal principles (summary)
– Consumer Rights Act 2015 (CRA): Applies to contracts between a trader and a consumer. Goods must be of satisfactory quality, fit for purpose and as described. If goods are faulty or damaged on delivery, you have remedies including the right to reject within a short-term period, repair or replacement, and, where appropriate, a price reduction or final right to reject and refund.
– Distance selling / Consumer Contracts Regulations: For purchases made at a distance (online, telephone), you also have information and cancellation rights (e.g. a 14‑day “cooling off” right for change of mind in most distance transactions). These are separate from rights for faulty or damaged goods.
– Payment protections: If you paid by credit card, you may have Section 75 protection for purchases between £100 and £30,000. Debit card payments may be eligible for a chargeback via the card issuer (voluntary). PayPal and other providers have buyer-protection procedures.
– Limitation periods: In England & Wales, most contract claims must be started within six years of the breach; Scotland has different timescales (commonly five years). For consumer remedies under CRA, you should act promptly — many practical remedies (short term rejection) are time-limited.
– Private sales: Sales between private individuals are not covered by CRA. Your contractual and misrepresentation remedies are more limited, though you can still sue in the small claims court for breach or misrepresentation.
What to do immediately when goods arrive damaged
1. Inspect the goods before you accept delivery (if possible). If delivered by courier, note “Unchecked/ Damaged on arrival” on the delivery note if you accept.
2. Take clear dated photos and videos of the packaging and the damage (external and internal packaging and item).
3. Keep all packaging and the delivery note until the matter is resolved.
4. Contact the seller immediately (use their returns or complaints process for traders). Keep copies of all communications.
5. If the seller is a third-party seller on a marketplace, also use the marketplace’s dispute process (e.g., Amazon A-to-z Guarantee, eBay buyer protection).
6. If you paid by card, note payment details and consider contacting the card issuer if the seller won’t help.
Remedies available for trader sales (online store, shop, telephone order, Amazon/eBay seller who is a business)
– Short-term right to reject: Under CRA you usually have a right to reject faulty or damaged goods within 30 days and obtain a full refund (this is sometimes called the “short-term right to reject”).
– Repair or replacement: The trader can offer a repair or replacement as a first option. If repair or replacement is attempted but fails (or is impractical), you can seek a price reduction or final rejection with refund.
– Final right to reject: If repair/replacement is unsuccessful or unreasonable, you can reject and get a refund, possibly reduced for use.
– Delivery failures: If a trader fails to deliver within the agreed time (or within 30 days if no time agreed), you can cancel and obtain a refund.
– Chargebacks and Section 75: These are additional routes (explained later) that can be used alongside statutory rights.
Scenario-by-scenario guidance
1) Online store (business trader)
Example: You order a new TV from an online shop and it arrives with a cracked screen.
Your rights: CRA applies. You should report the damage immediately. You can use the short-term right to reject and ask for a refund (normally within 30 days). Alternatively, accept a replacement or repair. Keep photos and correspondence. If the seller refuses or delays unreasonably, consider a chargeback (if paid by debit card) or Section 75 claim (if paid by credit card and the value is between £100–£30,000). If necessary, escalate by sending a letter before claim and take the matter to the small claims court.
2) Amazon Marketplace (third-party seller) or Amazon Direct
Example: You buy a set of cookware from an Amazon Marketplace seller and the set arrives dented.
Your rights: If the seller is a business, the Consumer Rights Act 2015 applies. Use the seller’s returns process. If unhelpful, use Amazon’s A-to-z Guarantee (you can claim against Amazon in many circumstances) or the platform’s “Return/Refund” options. Payment protections (card issuer, Section 75, PayPal) may also be used. For purchases directly from Amazon (sold and dispatched by Amazon), Amazon itself is the seller and must comply with CRA.
3) eBay purchase (private seller vs business seller)
Example (business seller): An eBay listing is for a refurbished laptop sold by a trader; the laptop arrives with a smashed screen.
Your rights: Same as other trader sales — CRA applies. Use eBay’s money-back guarantee if the seller will not resolve, and use payment protections if you paid by card or PayPal.
Example (private seller): You buy a second-hand smartphone from a private eBay seller and it arrives with water damage that wasn’t described.
Your rights: Private sales are not covered by CRA. Your legal position depends on the terms of the sale and whether the seller misrepresented the item. Options: ask the seller for a refund (many private sellers will cooperate), use eBay’s buyer protections (some protections may exist depending on payment method), or pursue a claim for breach of contract/misrepresentation in the small claims court. Remedies are less certain and court success depends on evidence.
4) Shop purchase and shop delivery
Example (in-store): You buy a sofa in a shop and take it away in your van; later you discover a tear in the upholstery.
Your rights: CRA applies to in-store purchases. You should return to the retailer and seek a refund, repair or replacement. Many shops will offer an immediate exchange or repair.
Example (shop delivery): You order a wardrobe for home delivery; the item is scratched on arrival.
Your rights: The retailer is responsible for delivering goods in satisfactory condition. Report the problem immediately and seek repair/replacement or refund under CRA. If delivery time or method was part of the contract, the Consumer Contracts Regulations may also be relevant.
5) Telephone order (distance contract)
Example: You call to order a set of garden tools; when they arrive, they are rusty and unusable.
Your rights: Telephone sales are distance contracts. CRA rights for faultiness apply. Additionally, you usually have a 14-day cancellation right under Consumer Contracts Regulations to change your mind (note: this is separate to fault rights). If the goods are faulty on arrival, you can reject them under CRA and get a refund.
6) Private sale (person-to-person)
Example: You buy a used camera from a private seller via Gumtree, which was advertised as working; it is dead on arrival.
Your rights: No CRA protections. The sale is governed by contract and general law (misrepresentation/fraud). Practical options: ask seller for refund, negotiate partial refund, raise a dispute on the platform (if available), or bring a small claims court action for breach of contract or misrepresentation. Court success will depend on the evidence (messages, photos, listing details) and the seller’s conduct. Small claims costs and recovery prospects should be weighed up.
Other practical routes if the seller won’t cooperate
– Section 75 (credit card): If you used a credit card and the purchase was between £100 and £30,000, the card provider can be jointly liable with the seller for misrepresentation/fault. This can be a powerful remedy.
– Chargeback (debit/credit card): Ask your card issuer to reverse the payment. Chargeback is not a statutory right but a bank scheme; success varies.
– PayPal & other processors: Many online payment platforms have buyer protection programs for undelivered or significantly not-as-described items.
– Platform claims: Use Amazon A-to-z, eBay Money Back Guarantee, and other marketplace dispute systems.
– Alternative Dispute Resolution (ADR): Traders sometimes belong to ADR schemes (check their terms). ADR can be quicker and cheaper than court.
– Trading Standards/Citizen Advice: For systemic or unfair trading practices, report to Trading Standards or obtain guidance from Citizen’s Advice.
– Small Claims Court: For modest sums (England & Wales), bring a claim via the small claims track. You’ll usually need to send a letter before claim first. Consider costs and whether the seller has assets to pay a judgment.
When suing (small claims) may be appropriate
– You should consider court action if:
– The seller has refused reasonable requests for repair/replacement/refund;
– You have clear evidence (photos, communications, delivery notes);
– The likely claim is financially worthwhile given court fees, time and stress.
– Typical claims include breach of contract, misrepresentation, or failure to provide goods as described.
– Procedure: Start with a polite but firm letter to the seller setting out the problem and a deadline to resolve it. If ignored, send a “letter before claim” and then issue a small claim online. If you win, you get a court order for payment; enforcement can still be challenging if the seller has no funds.
Case studies (illustrative and anonymised)
Case study 1 — Online shop (successful CRA claim)
Mrs A ordered a cooker online from a UK retailer. The cooker arrived with dents and a damaged control panel. She photographed the damage, emailed the retailer on the day of delivery and asked for a replacement. The retailer initially offered a repair only. Mrs A rejected the repair and relied on the short-term right to reject under the CRA and asked for a full refund. The retailer provided the refund within 10 days. Lessons: act quickly, keep evidence and refer to your statutory rights.
Case study 2 — Telephone order (Section 75)
Mr B bought gym equipment over the phone and paid by credit card for a package worth £1,500. On delivery, the equipment was unsafe and could not be used. The retailer refused a refund but offered a repair that Mr B rejected. Mr B contacted his credit card issuer and relied on Section 75. After negotiation, the card company refunded him and recovered the cost from the retailer. Lessons: credit card protection can be an effective backstop for larger purchases.
Case study 3 — Amazon marketplace (platform remedy)
Ms C bought a designer handbag from an Amazon Marketplace seller. The bag arrived with torn lining and a strong odour not mentioned in the listing. The seller refused to refund. Ms C used Amazon’s A-to-z Guarantee, supplied photos and communications, and Amazon refunded her in full within three weeks. Lessons: use marketplace guarantees as well as statutory rights.
Case study 4 — eBay private sale (small claims)
Mr D bought an antique clock from a private seller on eBay. The listing claimed it was “in working order”; it arrived broken. The seller denied liability. Mr D sent a letter requesting a refund; the seller ignored it. Mr D pursued a small claim for breach of contract and misrepresentation, supported by screenshots of the listing and messages. The court awarded Mr D a partial refund and his court fees. Lessons: private sale claims are possible but depend heavily on evidence; costs recovery is not guaranteed.
Case study 5 — Shop delivery (Impel Legal paralegal assistance)
Mrs E ordered a bespoke chest of drawers for £1,200 from a local furniture shop; the items arrived scratched and the shop refused to collect or refund. Mrs E contacted Impel Legal. The paralegal assisted by drafting a formal letter before claim referencing the CRA, the short-term right to reject and potential court action. The shop responded within a few days and agreed to collect the goods and issue a full refund. Lessons: an effectively drafted pre-action letter and professional assistance can prompt a commercial settlement.
Sample letter points to include when contacting a seller (or in a letter before claim)
– Your name, address, order/reference number, date of purchase and delivery.
– Clear wording of the problem and when you discovered it (include photos as attachments).
– The remedy you seek (refund/replacement/repair) and a reasonable deadline (e.g., 14 days).
– Reference to statutory rights (Consumer Rights Act 2015 — goods not of satisfactory quality/ unfit for purpose / not as described) if the seller is a trader.
– A statement that, if the seller does not resolve matters, you may escalate to the card issuer (if applicable), use platform dispute procedures, or start small claims court proceedings.
– Keep tone factual, include evidence and keep a copy of the correspondence.
Practical tips on evidence and processes
– Photograph immediately (packaging, labels, damage) and retain packaging until resolution.
– Use recorded delivery or an email chain so you have a time-stamped record.
– Be proportionate: weigh the cost of legal action against the value of the item.
– If you intend to sue, follow pre-action protocols (polite/commercial approach first).
– If the seller is insolvent or in another country, remedies may be limited.
When to contact a paralegal or lawyer (and how Impel Legal may help)
Consider professional help if:
– The seller refuses reasonable remedies and the sum involved justifies professional assistance.
– You need a formal pre-action letter drafted.
– You want help navigating Section 75, chargeback or platform procedures.
– You are unsure whether the seller is a trader (and therefore whether CRA applies).
A paralegal at Impel Legal can help with drafting correspondence, advising on evidence, preparing a claim for the small claims court and guiding you through practical enforcement options. This is particularly useful where a firm, correctly framed letter might prompt settlement without court action.
Warnings and limitations
– This article provides general information and is not a substitute for specific legal advice relating to your circumstances.
– Outcomes depend on the facts, the evidence you hold and how the seller responds. There is no guarantee of success if you litigate.
– Private sales carry fewer statutory protections than purchases from traders.
Conclusion
You often have strong rights when goods arrive damaged from a trader: the Consumer Rights Act 2015 gives you a short-term right to reject and other remedies. Additional practical routes include Section 75 (credit card), chargebacks, marketplace guarantees and, where necessary, small claims court. Private sales are more limited but remedies may still be available through negotiation or court proceedings if there was a misrepresentation. If a seller is refusing to put things right, the paralegal at Impel Legal may be able to help you draft formal correspondence, advise on the best route (platform complaint, chargeback, ADR or court) and progress your case. Collect evidence promptly, act quickly and choose the most proportionate remedy.