Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
When you pay for shipping - especially expedited shipping - you expect your order to arrive on time. Late deliveries can ruin events, cause missed deadlines, and cost you money. Understanding your rights helps you recover shipping costs and sometimes more. For detailed information on seller shipping requirements, see the FTC's Mail, Internet, or Telephone Order Merchandise Rule.
FTC Mail Order Rule: Sellers must ship within the time stated or within 30 days if no time is specified. If they can't, they must notify you and give you the option to cancel for a full refund.
Your Rights for Late Delivery
Seller Obligations
- Ship by promised date
- Notify you of delays
- Offer option to cancel if delayed
- Provide full refund if you cancel
- Honor shipping speed paid for
When You Can Cancel
- Order not shipped by promised date
- Revised delivery date not acceptable
- No notification of delay provided
- Package lost in transit
What You Can Recover
- Full refund of purchase price
- Shipping cost refund
- Difference between shipping speeds paid vs. actual
- Consequential damages (sometimes)
Delivery Date vs. Ship Date: "Ships within 2 days" is different from "Arrives in 2 days." Make sure you understand which promise was made when disputing delays.
Expedited Shipping Failures
Your Options
- Refund of expedited shipping cost
- Credit for future purchases
- Full refund and return of item
- Compensation for missed event/deadline
Common Excuses (Often Invalid)
- "Weather delays" for weeks-long delays
- "Carrier's fault, not ours"
- "High volume" during normal periods
- "Estimated" delivery dates
When Seller Is Responsible
- Late handoff to carrier
- Wrong shipping method used
- Incorrect address (seller's error)
- Packaging caused delay
- Made specific delivery promises
Package Never Arrived
First Steps
- Check tracking information
- Verify delivery address
- Check with neighbors/building office
- Look for delivery photos
- Contact carrier directly
Filing Claims
- Start with seller, not carrier
- Seller has contract with carrier
- Request replacement or refund
- Seller can file carrier claim
"Delivered" But Not Received
- Seller responsible for actual delivery
- "Delivered" scan doesn't end obligation
- Porch pirates are seller's problem
- Signature requirement may change this
Risk of Loss: Under the UCC, risk of loss typically stays with the seller until goods are actually received by the buyer. A "delivered" scan doesn't always transfer responsibility.
Major Retailer Policies
Amazon
- Guaranteed delivery date on many items
- Credit or refund for late Prime deliveries
- A-to-Z Guarantee for third-party sellers
- Easy refund process through account
Other Major Retailers
- Most refund shipping for significant delays
- Contact customer service with order number
- Reference specific delivery promise
- Escalate if initial contact fails
Small/Independent Sellers
- Check terms of sale
- Review shipping policy
- Document delivery promises
- Credit card dispute if unresponsive
Consequential Damages
What Are Consequential Damages
- Losses resulting from the late delivery
- Wedding dress that arrived after wedding
- Business supplies causing lost sales
- Event items that arrived too late
When You Might Recover Them
- Seller knew of time sensitivity
- Specific delivery date was critical
- You communicated importance
- Damages were foreseeable
How to Strengthen Your Claim
- Document the importance at purchase
- Get delivery guarantee in writing
- Keep records of losses incurred
- Calculate actual damages
Limitation of Liability: Many sellers limit consequential damages in their terms. But these limitations may not apply if delivery date was specifically promised or seller was negligent.
Taking Action
Contact Seller First
- Document promised vs. actual delivery
- Request specific remedy (refund, credit)
- Reference any guarantees made
- Set deadline for response
Escalation Steps
- Request supervisor/manager
- Send written demand
- File with BBB
- Report to state AG
- Credit card dispute
- Small claims court
Credit Card Disputes
- "Services not rendered" for shipping paid
- "Not as described" if delivery date was key
- Document the promised delivery date
- Show when item actually arrived
Preventing Problems
Before Ordering
- Check seller reviews for shipping reliability
- Read shipping policy carefully
- Note "estimated" vs. "guaranteed" dates
- Consider ordering earlier for important dates
At Checkout
- Screenshot delivery promises
- Save order confirmation
- Note shipping speed selected
- Use credit card for protection
After Ordering
- Track shipment regularly
- Contact seller early if delays apparent
- Document all communications
- Know your cancellation rights
Get Compensation for Late Delivery
Generate a demand letter for shipping refunds and late delivery compensation.
Create Your Letter