A pushchair that arrives weeks late, or never, can leave a family without a pram when it is needed. The law sets default delivery deadlines, and it also decides who bears the loss if a parcel is damaged or goes missing on the way. This guide summarises sections 28 and 29 of the Consumer Rights Act 2015, which the legislation site shows as applying across the UK, using the wording of the Act. It is general information, not legal advice.
The default delivery deadline
Section 28 applies to any sales contract between a trader and a consumer. Unless the two have agreed otherwise, the contract is treated as including a term that the trader must deliver the goods. Where no time or period has been agreed, the term is that delivery must happen without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into (legislation.gov.uk, Consumer Rights Act 2015, section 28(2) and (3)).
The Act says an “agreed” time or period means one agreed by the trader and the consumer. Because an agreed date replaces the 30-day default, the delivery date shown at checkout is worth recording, and a pre-ordered pram may carry a later agreed date.
What to do when delivery is late
Section 28 gives two routes, depending on the circumstances.
The consumer may treat the contract as at an end straight away if:
- the trader has refused to deliver;
- delivery at the agreed time or within the agreed period was essential, taking into account all the relevant circumstances when the contract was made; or
- the consumer told the trader before the contract was made that delivery by the relevant time was essential.
In any other circumstances, the consumer may set an appropriate period and require the trader to deliver before it ends. If the goods still do not arrive within that period, the consumer may then treat the contract as at an end. Where the contract is treated as at an end, the trader must, without undue delay, reimburse all payments made under it (section 28(5) to (9)).
The last ground is the reason to state a deadline clearly when ordering. A buyer who needs the pushchair by a particular date should say so in writing before buying, because section 28(6)(c) refers to what the consumer told the trader before the contract was entered into.
If the contract is not ended
A buyer who does not treat the contract as ended is not prevented from cancelling the order for any of the goods, or rejecting goods that have been delivered. The trader must then reimburse without undue delay the payments made for those goods. Where goods form a “commercial unit”, a unit whose division would materially impair the value or character of the goods, the consumer cannot cancel or reject part without the rest. The Act also states that section 28 does not prevent the consumer from seeking other remedies where they are open (section 28(10) to (13)).
Damage or loss in transit
Section 29 deals with risk. A sales contract is treated as including a term that the goods remain at the trader’s risk until they come into the physical possession of the consumer, or of a person identified by the consumer to take possession of them. There is one exception: if the goods are handed to a carrier that the consumer commissioned, and that carrier is not one the trader named as an option for the consumer, the goods are at the consumer’s risk from delivery to the carrier. Even then, the Act says the consumer’s rights against the carrier are not affected (legislation.gov.uk, Consumer Rights Act 2015, section 29).
In practice, for a pram bought from a retailer and sent by the retailer’s chosen courier, a parcel that never arrives, or arrives crushed, remains the trader’s responsibility. The buyer’s claim lies against the retailer. A pram collected by an arranged courier of the buyer’s own choosing is the exception described above.
Practical steps
- Note the promised date: screenshot the delivery estimate and order confirmation.
- State any essential deadline before buying: in writing, and ask the seller to acknowledge it.
- Set a clear final date: if delivery is late, a written request that sets an appropriate period to deliver starts the route in section 28(7) and (8).
- Keep evidence: tracking pages, delivery notes and photos of packaging damage help if a dispute follows.
- Use the payment route: if the seller does not refund, our guide to Section 75 and chargeback explains the card-based options.
How this fits with other rights
A pushchair that arrives on time but is defective is dealt with under other parts of the Act, covered in our guide to faulty pushchair rights. A buyer who simply changes their mind after delivery has a separate right, explained in our guide to the 14-day cancellation right.
Questions readers often ask
Who pays if the parcel is lost?
Under section 29, the goods stay at the trader’s risk until they reach the consumer or a person the consumer identified, apart from the carrier exception above.
The bottom line
Under section 28 of the Consumer Rights Act 2015, a trader must deliver a pram without undue delay and within 30 days of the contract unless another time was agreed. If delivery is refused, or was essential, the buyer can treat the contract as at an end at once and must be reimbursed without undue delay. Otherwise the buyer can set a reasonable final date and then end the contract. Under section 29, the goods stay at the trader’s risk until they reach the buyer, so loss or damage in transit is the retailer’s problem.