My online purchase hasn't arrived. Who is responsible?
Q: I bought a few DIY tools from an online Irish retailer in late June. The retailer said the tools were to be shipped by a courier from their warehouse in Dublin, but they never arrived. I contacted the retailer, but they said it had nothing to do with them and told me to contact the courier. But when I contacted the courier, they passed the problem back to the retailer.
The retailer isn’t answering my emails and when I get through to them by phone, I am told it’s in the hands of the courier. I feel like I’m being fobbed off and running around in circles. I’m down €280 - what are my rights?
Kevin, Cork
When shopping online, your consumer rights and entitlements depend on where the business is based. As this retailer is based within Ireland, it is covered under EU law, which gives you strong rights and protections, including around delivery timeframes.
Under EU consumer law, if a business promises to deliver goods by a specific date, or within a pre-agreed timeframe, they must do so. If they don’t give a delivery timeframe, they must deliver the goods within a maximum of 30 days after purchase.
If the retailer can’t deliver within the agreed timeframe, they must give you the option either to agree a different delivery date that suits you or cancel the sales contract for a full refund.
As you bought the tools from the retailer and it organised the courier to deliver them, the retailer must make sure the tools are delivered. Since they haven’t arrived, the retailer is responsible for organising a delivery of replacement tools or giving you a full refund.
Contact the retailer again, outline the details of your situation and advise them of your consumer rights. You can get more information on your rights when buying goods on the CCPC website as well if you need it.
If you contact the retailer by phone, follow up with an email with all the relevant information and agreed next steps so you have a written record.
If you get another unsatisfactory response from the retailer, and you paid by credit or debit card, you may wish to contact your card provider to request a chargeback (a refund of the transaction back to your card). Each card provider has their own terms and conditions about chargebacks, including specific timeframes for making a request.
If a chargeback is not possible, you have the option of making a claim against the business through the small claims court procedure. This option is available through the district court for claims up to the value of €2,000. The application fee is €25.
