Online order never arrived: who's responsible and what to ask for

You placed an order, paid in full, and waited. The tracking number stopped updating, the estimated delivery date came and went, and the parcel is nowhere to be found. Now the retailer is pointing the finger at the courier, the courier is saying it was delivered, and you're stuck in the middle with no product and no refund. This situation is more common than it should be — and you usually have a clear claim against the seller.

Quick answer

Whether the goods were ever supplied to you, and why not, decides your next step. When an order never arrives, your claim is usually against the seller, not the courier. Under section 36 of the Australian Consumer Law (ACL), a business that accepts payment must supply the goods within the time it specified, or within a reasonable time if it specified none, unless the failure was due to someone else's act or omission or another cause beyond its control and it took reasonable precautions and exercised due diligence. The ACCC says that when a business can't supply what you've paid for on time or within a reasonable time, it must provide a solution, and state consumer bodies in Victoria and WA say the seller is responsible for resolving problems with the courier and that you're entitled to a refund if it still fails to supply. Write to the seller asking for delivery or a refund, and ask your card provider early whether a chargeback is available. If the seller won't resolve it, your state or territory consumer body may help, and a tribunal or court with jurisdiction can make binding orders.

What the law actually says

The ACL is Schedule 2 of the Competition and Consumer Act 2010. The consumer guarantees (such as acceptable quality) set standards for goods that are actually supplied to you, so they don't cover goods that never arrive. The ACL provision most directly relevant when your order never shows up is section 36.

Section 36 — Wrongly accepting payment. A business that accepts payment for goods in trade or commerce must supply all the goods within the period it specified at or before the time it took your money, or, if it specified no period, within a reasonable time (section 36(4)). There are two exceptions:

• the failure was due to another person's act or omission, or another cause beyond the business's control, and the business took reasonable precautions and exercised due diligence to avoid the failure (section 36(5)); or
• the business offered different goods as a replacement and you agreed to receive them (section 36(6)).

Section 36 also prohibits accepting payment when the business intends not to supply, intends to supply something materially different, or knows or ought reasonably to know there are reasonable grounds for believing it can't supply in time (section 36(1) to (3)).

Section 36 isn't a consumer guarantee, so the guarantee remedies in sections 259 to 263 don't apply. If section 36 is contravened and you suffer loss, you can claim damages under section 236, within 6 years after the cause of action accrued, and a court, or a tribunal with jurisdiction, can make orders under section 237, including an order to refund money (section 243). Separately, your contract with the seller is likely to give you a claim for a refund of what you paid for goods that were never supplied.

Who deals with the courier. The ACCC's guidance on not receiving products you've paid for says that if a business can't supply a product you've paid for, on time or within a reasonable time, the business must provide a solution. It also notes that late delivery doesn't necessarily mean the business has broken the law, and names postal delays as an example of something that can be beyond a business's control; in that case, you should give the business a chance to provide a solution, such as a refund or replacement. Consumer Affairs Victoria's guidance on products missing or damaged in transit says that if the seller claims to have posted the product, it is responsible for resolving any issues with Australia Post or the courier, and that if it still fails to supply, you're entitled to a refund of any money you paid. WA Consumer Protection says the same, adding that the retailer is the one holding the contract with the courier.

If the goods arrive damaged, that's a different question: the goods have been supplied, so the acceptable quality guarantee in section 54 applies if you acquired them as a consumer under section 3 of the ACL, with the usual goods remedies.

Misleading statements. Separately, a seller that tells you you have no rights because it's "a courier issue" may be making a false or misleading representation about your rights (section 29(1)(m)).

For a broader look at how the ACL applies to online shopping generally, see our guide to online purchase rights under the ACL.

When this applies (and when it doesn't)

Section 36 and your contract claim are most likely to help when:

• You bought from someone selling in trade or commerce (most sole traders count; a genuine one-off private sale usually doesn't).
• You paid. Section 36 is triggered by accepting payment, whether for the whole price or part of it.
• The goods were never delivered, or were delivered to the wrong address through no fault of yours.
• The tracking shows the parcel as lost, undelivered, or returned to sender without your knowledge.

The picture gets more complicated in a few situations:

• You authorised unattended delivery ("leave at door"). If you agreed to the parcel being left at a nominated spot and it was left there, the seller may argue it supplied the goods. Whether that's right can depend on the terms you agreed to and the evidence. If the photo shows the wrong address, or the parcel wasn't left where you asked, raise that with the seller.
• Tracking shows "delivered" but you didn't receive it. This is one of the most frustrating scenarios. The seller will often rely on the courier's scan. Ask the seller for its proof of delivery (for example a delivery photo or signature); a bare "delivered" scan may not show where the parcel went. Keep your own records, and any CCTV footage you have.
• The seller blames the courier. Whether a seller can rely on a courier failure under section 36(5) depends on the facts, including whether it took reasonable precautions and exercised due diligence. Even then, your contract claim for a refund of goods never supplied is a separate question, and the ACCC expects the business to provide a solution.
• You bought from an overseas seller. The ACCC says an overseas business that provides goods directly to consumers in Australia must follow the ACL. You're not covered if the business doesn't directly offer its products in Australia, if you had the goods sent to an overseas address and forwarded, or if the whole transaction happened overseas. An Australian website or AUD pricing is relevant but not decisive, and enforcing rights across borders can be difficult in practice. See our article on buying from overseas retailers like Amazon.
• The item was a marketplace listing. The ACCC's buying online guidance says it's up to the seller you buy from, not the platform, to resolve most problems, although the platform may be able to help. Check the checkout screen, the receipt and the terms that applied when you ordered to see who the seller was, and check the platform's own dispute or buyer-protection terms.
• The store looks fake or has vanished. The ACCC notes that sometimes consumers don't receive what they paid for because the seller wasn't a genuine business — a type of scam. If that's your situation, contact your bank or card provider immediately and report it to Scamwatch (reporting usually won't recover your money).

What to do today

Non-delivery disputes are often resolved quickly once you put your claim in writing. Here's a sequence that works for many people:

1. Check the tracking thoroughly. Screenshot every tracking event. Note the last scan location and timestamp. If it says "delivered", note the time — was anyone home? Does it match your address?

2. Ask your card provider about a chargeback now. If you paid by card, ask your card issuer now whether a chargeback is available; if you used buy now pay later, ask the provider about its dispute process; both follow the card scheme's or provider's own time limits, not the ACL's. AFCA's chargebacks fact sheet says card scheme time limits vary and can start from when you expected to receive the goods, when you first became aware you wouldn't, or when you bought them, so don't wait. A chargeback doesn't replace your claim against the seller.

3. Check with neighbours and your building manager. Rule out that a neighbour accepted the parcel or that it's sitting in a parcel locker you haven't checked. This protects you from looking unreasonable if the seller asks.

4. Contact the seller in writing — not by phone. Email or a contact form creates a paper trail. State the order number, the date of purchase, the amount paid, and the fact that the goods have not been received. Ask them to either deliver or refund within a set time, such as 14 days (a practical default, not an ACL requirement). Reference section 36 of the ACL (a business that accepts payment must supply within the time it specified, or a reasonable time) and your contract.

5. Don't make the courier your primary strategy. You can ask the courier for information, such as tracking details, but your claim is against the seller. Don't let the seller redirect you to the courier as if that's your only option.

6. Escalate within the seller's business if the first response is unhelpful. Ask for a supervisor or the customer relations team. Frontline staff often quote policy rather than law.

7. Send a formal demand letter. If the seller refuses or goes quiet, a written demand letter citing the ACL is your next step. fairgo can generate one for you — start your letter here. The letter identifies the relevant sections and sets a clear deadline for the seller to act.

What if the business refuses

Some sellers — particularly smaller online retailers — will dig in and insist the courier is responsible. Consumer bodies in Victoria and WA say the seller is responsible for resolving problems with the courier, but knowing that doesn't automatically get your money back. Here's how to escalate:

• Your state or territory consumer protection body. It may help, for example by contacting the business or conciliating, if your complaint meets its criteria. Most expect you to have tried to resolve the matter with the business first, and eligibility rules vary by state and dispute type (in the ACT, for example, statutory conciliation applies only where the remedy you seek is worth $5,000 or less). These bodies don't make binding orders in ordinary consumer disputes and can't make the business settle. Contact details are at /agencies.

• A tribunal or court with jurisdiction. In NSW, Victoria, Queensland, the ACT and the NT, a tribunal (NCAT, VCAT, QCAT, ACAT or NTCAT) hears many consumer claims within its limits; in Western Australia, South Australia and Tasmania, ordinary consumer claims go to the Magistrates Court. Jurisdiction depends on each forum's enabling legislation, the type of claim and the amount, so confirm the forum and its current thresholds on the official site before filing. You can usually run a claim without a lawyer, though some forums restrict legal representation (QCAT, for example, requires permission). Check current filing fees on the official site, and ask about fee exemptions, waivers or deferrals if cost is a concern. Our guide to choosing the right tribunal or court has more. Your claim is against the seller; whether it can rely on a courier failure depends on your contract and the facts.

• If the business has gone into administration or closed. This is harder. Ask your card provider about a chargeback straight away, and ask the administrator or liquidator how to lodge a claim as a creditor. If you paid with buy now pay later, ask that provider what dispute options it offers.

• ACCC. The ACCC says it doesn't resolve individual disputes about a failure to supply or delayed supply. If you believe a business is systematically taking payment without supplying, you can still report it to the ACCC, though that won't resolve your specific case.

If the seller has refused and you're not sure what to do next, the article on what to do when a business refuses your refund walks through the escalation path in detail.

Common mistakes

A few patterns come up repeatedly in non-delivery disputes:

• Chasing the courier instead of the seller. Your contract is usually with the seller, and the seller is the one who holds the contract with the courier. The courier may give you information, but the seller is who you claim against. Don't spend weeks in a loop with the courier's customer service team while your chargeback window closes.

• Waiting too long. Chargeback time limits run to your card provider's rules. Conciliation is easier when the dispute is fresh. If your order hasn't arrived and the seller isn't engaging, start the formal process within a few weeks of the expected delivery date — not months later. Limitation laws and forum rules also apply.

• Accepting store credit or different goods without meaning to. A seller may offer store credit or a substitute as a "resolution". You don't have to accept it. If you agree to receive different goods as a replacement, the section 36 supply obligation for the original order no longer applies (section 36(6)), so be sure it's what you want.

• Assuming a "delivered" scan is conclusive. It may not be. A scan can be recorded at the wrong address, or a parcel left somewhere it shouldn't have been. Put your account in writing; some people also use a statutory declaration stating they didn't receive the goods.

• Not keeping records. Screenshot your order confirmation, the tracking page, every email exchange, and every chat transcript. If this goes to a tribunal or court, documentation matters.

• Assuming overseas purchases have no protection. If an overseas business sells directly to consumers in Australia, the ACL can apply, even without an Australian physical presence. Factors like an Australian website or AUD pricing are relevant but not decisive, and enforcement across borders can be difficult, which makes an early chargeback request more important.

Related reading

• Online purchase rights under the ACL — what you're entitled to
• Bought from an overseas retailer like Amazon? Here's what the ACL covers
• Business refused your refund? Here's what to do next
• Marketplace seller vanished with your money: who is responsible?
• Food delivery wrong, cold, or never arrived: getting your money back

This article is general information about Australian Consumer Law, not legal advice. It also touches on complaint and escalation pathways (state and territory consumer bodies, tribunals and courts, the ACCC, Scamwatch, AFCA), card chargeback and buy now pay later dispute rules, contract law, insolvency processes and limitation laws, whose scope, rules, thresholds and processes sit outside the ACL or can change. Confirm the current position with the relevant body before lodging. For advice on your specific case, see your state or territory consumer body — full list at /agencies.