Consumer Rights Act 2022

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Delivery of goods under sales contract

36. (1) Where a sales contract is concluded between a trader and a consumer, the trader shall deliver the goods to the consumer in accordance with the contract.

(2) Unless the trader and the consumer have agreed otherwise, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay and in any event not later than 30 days after the conclusion of the sales contract.

(3) If the trader does not deliver the goods—

(a) at the time, or within the period, agreed with the consumer, or

(b) where no such time or period has been agreed between the trader and the consumer, in accordance with subsection (2),

the consumer shall call upon the trader to make the delivery within an additional period that is appropriate in the circumstances.

(4) Subsection (3) does not apply where—

(a) the trader has refused to deliver the goods,

(b) delivery of the goods within the period agreed with the consumer is essential, taking into account all the relevant circumstances at the time of the conclusion of the sales contract, or

(c) the consumer informed the trader at the time of, or before, the conclusion of the sales contract that delivery on or by a specified date was essential.

(5) Where the trader—

(a) has refused to deliver the goods,

(b) fails to deliver the goods within any additional period for delivery applicable under subsection (3), or

(c) fails to deliver the goods—

(i) within the period agreed with the consumer under subsection (4)(b), or

(ii) on or by the date specified by the consumer under subsection (4)(c),

the consumer shall have the right to terminate the sales contract.

(6) Where the consumer has the right to terminate a sales contract under subsection (5) and wishes to exercise that right—

(a) the consumer shall exercise that right in accordance with section 28 , and

(b) the trader shall comply with the obligations in section 30 .