When you don't receive products or services you've paid for
As a consumer, Australian Consumer Law protects you if you do not receive a product or service that you have paid for.
Reasons why you didn't receive your purchase
There can be various reasons why a product or service you’ve paid for hasn't arrived on time or within a reasonable time. It doesn’t necessarily mean the business has broken the law.
When purchasing products, be aware of factors that are outside the business’s control such as:
- unexpected delays with stock or manufacturing
- delays with international orders where items are held for customs clearance. Some parcels may travel through multiple countries
- postal delays and longer timeframes due to weather events
- prolonged delivery timeframes during peak periods such as Black Friday sales, Christmas and Boxing Day.
When a business doesn't supply a service you've paid for
You are protected under consumer guarantees for the services you have paid for. These consumer guarantees include the supply of services within a reasonable timeframe or within the timeframe outlined by the supplier. If a business does not deliver the service you have paid for, you are entitled to a refund.
If you’re paying for a service in advance (partial or full payment), keep any receipts or proof of payment outlining the service you have paid for.
Not receiving services through memberships or subscriptions
When you purchase a service through a membership or subscription, you have a right to receive that service. A business should not charge you, or deduct payments, if you don't have access to the service.
If you're experiencing an issue with a service you've purchased through a membership or subscription, read your contract or terms and conditions in the first instance. Pay careful attention to the terms and conditions if you need to pause, suspend or cancel services.
It is an offence for a business to mislead consumers about the terms and conditions.
Learn more about your rights when buying services through memberships or subscriptions.
Your rights
Businesses are not allowed to accept payment for goods or services if they:
- do not intend to supply the goods or services
- know, or should have known, they would not be able to supply the goods or services in a timely manner.
This is considered misleading or deceptive conduct. It doesn’t matter if the business intended to mislead or deceive. What matters is how their statements and actions affect the thoughts and beliefs of a consumer.
Under Australian Consumer Law, businesses must provide a solution if they are unable to supply a product or service that a consumer has paid for, on time or within a reasonable time.
Australian Consumer Law applies to anyone who conducts business in Australia. This includes businesses that use the dropshipping model, even if they source stock internationally.
The law applies even if no one has suffered any loss or damage because of the business conduct.
What to do to resolve the problem
Contact the business
If you have concerns about your purchase of a product or service, it's best to contact the business first. This includes concerns around:
- not receiving confirmation or delivery updates for an online purchase
- not receiving your product or service on time.
For more information about handling your program with the business, including sample complaint letter templates, see our Talk it over page.
Make a complaint
If you're unable to find a solution after contacting the business, you can lodge a complaint with Fair Trading:
What to do if you think you’ve been scammed
In some cases the seller may not be legitimate and you may have fallen victim to a scam. You may have paid for a product or service the scammer never intended on providing or the scammer wasn’t a genuine business.
Learn more about scams, theft and cybercrime.
Stay up to date and report a scam by visiting the ACCC Scamwatch website.