What if Santa's delivery is late?

The recent snow and increasing popularity of internet shopping has put the country’s postal network (as well as private delivery firms) under great pressure. In all likelihood, many presents ordered online will only be delivered long after Christmas, despite consumers ordering presents long before the suggested “last date for Christmas” order dates.

So what are your rights if you order goods that are not delivered in time for Christmas?

The main regulations dealing with internet shopping apply to all forms of remote purchasing, such as orders placed over the phone or mail order. They state that consumers (including Santa) can cancel orders for goods placed through the internet etc at any time prior to delivery of the goods and for a period of 7 days, commencing the day after the date of delivery (in the event the order for goods has been met). The customer could have longer to cancel if the retailer fails to inform the customer of his or her cancellation rights (in writing).

Where the order is cancelled by a customer, the customer is entitled to a full refund of the purchase price paid (including delivery charges).

There are, however, exceptions to these rules. For example, a customer can not return a product if;

• the sealed wrapping on a product such as a CD is broken;
• the goods ordered are perishable, such a food; and
• the goods ordered are tailor made or personalised to the customer concerned.

There are other exceptions.

The cancellation rules are additional to other statutory rights all consumers have (no matter how the goods are ordered) that goods purchased must;

• match their description;
• be of satisfactory quality; and
• be fit for purpose.

So in short, consumers who are waiting for their Christmas gifts to be delivered can cancel an order if they so choose and none of the exceptions apply. However, it is questionable as to whether cancelling the order and obtaining a refund will in itself prevent tantrums on Christmas Day from those who wanted a particular present!!

So the best advice for the future maybe to be prepared and order goods online in plenty of time for Christmas. (Hindsight is a wonderful thing- the writer is waiting on many presents to be delivered!) 

 
Written by Matthew Read, a Solicitor in the Nelsons Commerce and Technology group. To find out more about our Commerce & Technology group, click here.