Christmas delivery promises: what UK small online shops must get right

Every year, the weeks before Christmas bring a rush of orders to small online shops, and a rush of messages asking where the parcel is. Most of those messages are avoidable. The legal rules on delivery are short and clear, and the biggest risk for a small seller is usually a vague promise on the website. This post sets out what the law says, what the government tells sellers to do, and a practical list for this week.

The default rule: 30 days unless you agree otherwise

Section 28 of the Consumer Rights Act 2015 says that where no delivery time has been agreed, the trader must deliver without undue delay and, at the latest, within 30 days of the contract being made. GOV.UK's guidance for online sellers says the same: you must deliver within 30 days unless you have agreed something different with the customer.

That 30 days is a backstop, not what customers expect in December. If your site says "order by 18 December for delivery before Christmas", that is the promise you will be judged on.

When a customer can walk away

Under the same section, a consumer can end the contract straight away if you refuse to deliver, if timely delivery was essential when the contract was made, or if they told you before ordering that timely delivery was essential. In any other late delivery, they can set you a reasonable new deadline, and if the goods still do not arrive they can end the contract. In every case you must refund without undue delay.

The Dispute Resolution Ombudsman makes a useful practical point. A specific promise such as "delivery by Christmas" can become a binding term, and if it is missed the customer may be able to cancel and get a full refund. A looser line such as "Christmas delivery available" may not be enforceable unless it is tied to a cut-off date or a delivery method. Its advice to consumers is to get essential delivery dates in writing, and that tells you what to expect: customers who care will ask you to confirm in an email, and your answer becomes part of the contract.

Who carries the risk while the parcel is in transit

Section 29 of the Act says goods stay at the trader's risk until they are physically in the consumer's possession, or in the possession of someone the consumer has named to take them. The exception is where the customer arranges their own carrier, one you did not offer as a delivery option. In that case, risk passes once you hand the goods over.

For most small shops, that means a lost or damaged parcel is your problem, not the customer's. If you use a courier, check what compensation cover is included and what proof of delivery you get. A courier's terms do not change what you owe your customer.

Refunds and returns at peak time

Gifts bought online come back in January, so it helps to be exact about the rules. GOV.UK says that for online, phone and mail sales the customer must tell you within 14 days of receiving the item that they want to cancel, and then has a further 14 days to send it back. You must refund within 14 days of getting the item back. They do not need to give a reason.

You must refund the cost of standard delivery if the customer paid for it. If they chose a more expensive option, you only need to refund the standard cost. You cannot deduct fees from the refund unless the item has been used or damaged. Before purchase you must also give your business name and address, the full price including taxes, payment methods, delivery arrangements, costs and timing, and the customer's cancellation rights. If you do not tell customers about the right to cancel, GOV.UK says they can cancel at any time within 12 months.

Why this matters more at Christmas

The Ombudsman notes that at peak times parcels can pass through several depots, which raises the chance of delay, and it reports that 15 million consumers had a problem with their most recent parcel delivery. Its advice for buyers is to ask which courier a retailer uses and to check whether a faster, more reliable service is available when the date is essential. Shoppers are being told to ask these questions, so it is worth having the answers ready.

What to do this week

• Write your cut-off dates down. Ask your courier for its last recommended posting date for each service, then set your site cut-off a day or two earlier to leave room for problems.
• Make the promise specific. Replace "Christmas delivery available" with the exact order-by date for each delivery option, shown on the product page and at checkout.
• Update the checkout. Show delivery costs and expected delivery times before the customer pays. If your platform allows it, hide options that can no longer arrive in time once a cut-off passes.
• Prepare for "this must arrive by" requests. Decide in advance whether you will accept them. If you do, reply in writing and be confident you can meet the date, because a confirmed essential date lets the customer reject a late item for a refund.
• Check your courier cover. Know what happens if a parcel is lost, since the goods are at your risk until the customer has them.
• Check your returns page. It should state the 14 day cancellation period, the 14 days to return, and your refund timing, in line with the GOV.UK guidance above.
• Join an Ombudsman scheme if you can. The Ombudsman presents membership as additional protection for shoppers, and it can help to reassure first time buyers.
• Keep records. Save delivery promises, courier booking confirmations and customer emails in one folder.

Where your website can help

Most of this is process, but a good online shop does much of the work for you: showing the right cut-off per delivery option, switching off options automatically, sending dispatch and tracking emails, and flagging late orders to you before the customer writes in. If your current shop cannot do that, our ecommerce service is the place to start, and process automation can handle the dispatch emails and the late-order alerts.

The short version

The default is 30 days, but at Christmas your own promise is what counts. Make it specific, make it one you can keep, remember that a lost parcel is your risk, and keep the returns rules in front of customers. None of this is complicated, and doing it before the rush costs far less than dealing with refunds after it.

This is general information, not legal advice. If a particular dispute is worrying you, speak to a solicitor or Citizens Advice.