How to Prove Faulty Online Goods on Delivery

When goods you order online arrive faulty, proving that they were defective on delivery is essential to secure a refund, repair, replacement, or compensation. Under UK law, specifically the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. If they are not, you can assert statutory rights - but you need evidence to support your claim. This article explains how to prove faulty goods on delivery, what evidence to gather, legal timeframes, and what to do if a trader disputes your claim.

Legal Background

Under the Consumer Rights Act 2015, all products supplied by a business in England and Wales must meet minimum quality standards when delivered. If they do not, a breach occurs. The remedies available include a refund, repair or replacement, depending on timing and circumstances.

The burden of proof - who must show whether or not goods were faulty at delivery - depends on how long it has been since the goods were delivered. For the first six months, there is a legal presumption that any defect was present when the goods were delivered unless the trader can show otherwise. After six months, the consumer generally must provide evidence that the defect existed at delivery.

What Does “Faulty on Delivery” Mean?

A “faulty” product under the Act is one that:

• Is not of satisfactory quality - for example, damaged, broken, or badly finished.
• Is not fit for its intended purpose - it fails to perform a function it should reasonably perform.
• Does not match the description provided at the time of purchase.

To prove a claim based on faulty delivery, you must demonstrate that the defect was present when the goods reached you and not caused after delivery. What counts as evidence will depend on timing and context.

Timeframes for Burden of Proof

Within the First Six Months

If you discover a defect within six months of delivery, the law assumes the fault was present at the time of delivery. In this period:

• You only need to show that the goods are faulty.
• The trader must prove that the product was not faulty at delivery if they dispute the claim.
• This effectively shifts the initial burden away from you.

This presumption does not apply if you are using the short‑term right to reject goods within the first 30 days (for a full refund), in which case you must show the fault exists - but not necessarily when it started.

After Six Months

Once more than six months have passed since delivery:

• The burden generally shifts back to you, the consumer.
• You must provide evidence that the defect existed at the time of delivery or was present from the start.

This often means combining documentation, expert reports, and other forms of evidence to show that the fault is not a result of use or subsequent damage.

Practical Steps to Prove Faulty Goods on Delivery

1. Inspect Goods Immediately Upon Receipt

Inspect the package and contents as soon as they are delivered. Look for:

• Physical damage to packaging (dents, tears, crushed corners).
• Visible defects or damage to the product.
• Signs that parts are missing or broken.

Taking immediate note of condition is the foundation of your evidence.

2. Take Photographs and Videos

Documentation is key:

• Photograph the packaging before opening, capturing any damage to labels or boxes.
• Photograph the goods immediately after unboxing from multiple angles.
• Video unboxing can provide stronger evidence than still photos alone.

These visual records are persuasive evidence when communicating with the trader or, if necessary, a court or tribunal.

3. Keep All Packaging and Labels

Retain packaging, labels, barcodes and delivery notes:

• These may show signs of mishandling or provide evidence of the condition in transit.
• Labels and delivery tags can assist in linking the condition of the goods to the delivery process.

Discarding packaging too soon can weaken your case.

4. Document Your Inspection and Communications

Keep written records, including:

• A dated description of the faults and when you found them.
• Emails or messages to the retailer reporting the fault.
• Any responses from the retailer acknowledging or disputing the issue.

Clear records help establish a timeline and strengthen your claim.

5. Use Independent Expert Reports If Necessary

If a retailer disputes your claim - especially after six months - you may need an independent expert assessment:

• For example, an engineer's report on machinery or an expert opinion on the condition of a device.
• An expert report can provide technical evidence that a defect was present at delivery rather than caused later.

Independent assessments are especially useful in more complex disputes or high‑value cases.

What Evidence Matters Most

When proving a faulty‑on‑delivery claim, the following forms of evidence carry weight:

• Photographs and videos of the damage or defect at the point of arrival.
• Delivery timestamps or tracking records showing when the goods were delivered and inspected.
• Communication logs with the retailer reporting the issue.
• Independent expert reports for complex products or when disputes arise.
• Receipts or proofs of purchase linking the item to a specific order.

Each type of evidence helps build a case that the goods did not meet statutory standards at delivery.

Common Challenges and How to Address Them

Retailer Claims You Caused the Damage

A retailer may argue that the fault occurred after delivery or due to misuse. Within six months, the retailer must prove that the defect was not present at delivery if they dispute your case. After six months, you will need stronger evidence to show the defect was inherent to the product and present from delivery.

Refusal Based on Short Reporting Deadlines

Some retailers impose tight reporting windows (for example, 72 hours). These internal policies do not override statutory rights, which allow up to 30 days to reject faulty goods and up to six years to bring a claim. You can assert your statutory rights regardless of a retailer's tighter deadlines.

Dispute Resolution: Formal Options

If you cannot resolve the issue directly with the retailer:

Alternative Dispute Resolution (ADR)

If the trader is a member of an ADR scheme, you can ask for an independent review of your dispute without court proceedings.

Small Claims Court

For unresolved disputes, you may consider a claim in the Small Claims Court for breach of contract, refund, and associated losses. In court, your documented evidence, expert reports and communications can be presented to support your case.

Key Takeaways

Proving that online goods were faulty on delivery requires careful evidence gathering and knowledge of how the law allocates the burden of proof:

• Within the first six months, it is presumed defects existed at delivery unless the retailer can prove otherwise.
• After six months, the consumer typically must provide evidence that the fault was present at delivery.
• Key evidence includes photographs, videos, delivery records, communication logs, and, where necessary, expert reports.
• Retailers cannot override statutory rights with internal reporting deadlines.

Careful documentation and prompt action improve your chances of demonstrating that goods were faulty at delivery and enforcing your rights under UK consumer law.