Online Order Never Arrived or Not as Described? How to Get Your Money Back (Australia 2026)

Last updated 27 October 2026 · Reviewed by the Claim Done team · Not legal advice

Can you get your money back from an online store?

The ACCC is clear that when you shop online, “all the usual consumer rights apply”. What goes wrong online usually falls into one of three groups, and the law treats each a little differently.

1. It never arrived

Section 36 of the Australian Consumer Law (ACL) is the key rule for online orders. A business that accepts your payment must supply everything you paid for within the period it specified or, if it didn’t specify one, within a reasonable time (s 36(4)). It’s also unlawful to take payment when the business doesn’t intend to supply (s 36(1)), intends to send something materially different (s 36(2)), or knows, or should know, that it won’t be able to deliver on time (s 36(3)). These rules apply to deposits and part-payments as well as full payments (s 36(7)), and a court can impose penalties for breaching them.

There are two narrow exceptions. The delivery rule doesn’t apply where the delay was caused by someone else or something beyond the store’s control and it took reasonable precautions (s 36(5)), or where you agreed to take something different instead (s 36(6)). Even where a delay really is outside the store’s control, the ACCC says you should give it a chance to provide a solution, which may be a refund or replacement, and that businesses should keep customers updated.

2. It arrived, but it’s faulty, fake or not as described

The consumer guarantees apply to online purchases exactly as they do in a shop. The product must match its description (s 56) and the photos or sample shown (s 57), and must be of acceptable quality (s 54). A product that is significantly different from its description is a major failure (s 260(1)(b)), so you choose a refund or a replacement. “Leather” that’s vinyl, a “genuine” item that’s a copy, a size or model that isn’t the one listed: all of these come under the description guarantee. A minor fault means the store must fix it, replace it or refund you. Either way, the ACCC says the business must repay your reasonable return postage once it confirms the problem, so keep the postage receipt.

3. The “store” was never a real business

Some online stores exist only to take money. The ACCC notes that people sometimes don’t receive what they paid for because the seller wasn’t a genuine business. That’s a scam, and the route changes: speed matters more than letters. See the scam section below.

Overseas stores

The ACCC says that when an online business based overseas sells directly to consumers in Australia, it must follow the ACL, including the consumer guarantees. In practice it can be hard to get a remedy from an overseas business, and Australian agencies can only help in limited ways. The ACCC suggests asking the consumer protection agency in the seller’s country for help. You’re not covered at all if you had the product sent to an overseas address and forwarded on, or if the whole transaction happened while you were overseas. This is where your bank or PayPal can matter more than the law.

Marketplaces

On a marketplace, your rights are against the seller, not the platform. The ACCC’s example: on eBay the product comes from the seller, not from eBay. The platform may still help under its own policies, so contact it as well. If the seller is a private individual and not a business, most consumer guarantees don’t apply.

What isn’t covered

There’s no legal right to a refund for change of mind, the wrong size you chose, or finding it cheaper elsewhere, online or in store. Many online stores offer change-of-mind returns anyway, and the ACCC says a business that has such a policy must follow it.

The most common problems with online stores

1. Order never arrived and the store has gone quiet. Claim: a full refund under s 36(4). Start a chargeback or PayPal claim at the same time.
2. Endless “it’s on its way” with no tracking. Claim: put a firm delivery deadline in writing; if it passes, demand a refund.
3. Tracking says delivered, but nothing came. Claim: ask the store for proof of delivery and to investigate with its courier. The obligation to supply is the store’s.
4. Not as pictured or described. Different colour, material, size or model. Claim: refund or replacement for a significant difference (ss 56, 260), plus return postage.
5. Counterfeit instead of genuine. Claim: the description guarantee and misleading conduct (s 29). Refund.
6. Faulty on arrival or soon after. Claim: refund or replacement for a major failure; repair or replacement for a minor one.
7. “Contact the manufacturer” or “no returns”. Claim: the ACCC says neither excuse removes your rights for a faulty product.
8. Dropshipping delays. The store never held the stock and the item is weeks away from overseas. The ACCC says dropshippers should be clear about stock availability, where it comes from and delivery times. Claim: refund if it doesn’t arrive within the time stated or a reasonable time.
9. Refund promised but never paid. Claim: the refund amount. A written promise of a refund is strong evidence at a tribunal.
10. Charged, but the order was cancelled for “stock reasons”. Claim: immediate refund. A store that knew it couldn’t supply when it took payment may have breached s 36(3).

Chargebacks, PayPal and scam stores

Ask your bank to reverse the payment

The ACCC says that in some situations your card provider may reverse a charge if you paid by credit card and didn’t receive the product, and that time limits may apply. Moneysmart, the government’s money guidance site, puts it simply: “If you used your credit or debit card to shop online but didn’t get what you paid for, contact your bank. They may be able to give you a chargeback.” Practical points:

• Contact your bank early. Don’t wait for the store’s final answer, because the time limits are set by the card schemes and banks, not by the ACL.
• Give the bank your order confirmation, the delivery date promised, your messages to the store and any reply. A copy of your demand letter shows you tried to resolve it with the store first.
• A chargeback and a consumer law claim can run side by side. If the bank refunds you, tell the store and withdraw that part of your claim so you’re not paid twice.
• If the bank handles your request badly, complain to the bank in writing first. If that doesn’t resolve it, AFCA, the free financial complaints body, takes complaints about banks (1800 931 678).

PayPal

Moneysmart says that if you paid through PayPal, you follow PayPal’s dispute resolution process. PayPal says its Buyer Protection can help you get reimbursed for eligible items that don’t arrive or arrive “significantly different than described”, and that terms and limits apply. Open the dispute inside your PayPal account as soon as the delivery date has clearly passed.

Bank transfer, PayID or crypto

Moneysmart warns never to pay an online store by direct bank deposit, money transfer or digital currency, because “it’s rare to recover money sent this way”. If you’ve already paid this way, contact your bank immediately anyway. Scamwatch notes that many payments are now instant and money is unlikely to come back, so the first hours count.

If the store was a scam

Scamwatch lists the warning signs: prices that are unbelievably low; no terms and conditions, ABN or privacy policy; requests to pay by money order, pre-loaded card or to several different PayIDs or accounts; and an account holder’s name that doesn’t match the business. Scammers also copy real shops, register Australian domain names and show stolen ABNs. If you think you’ve been scammed:

1. Contact your bank or card provider immediately and ask them to stop the transaction.
2. Change the passwords on the accounts you used.
3. Call IDCARE, the free national identity and cyber support service, on 1800 595 160 if your personal details were taken.
4. Report it to Scamwatch. If money was stolen, you can also make a police report.

A demand letter to a fake store is unlikely to be answered, so the realistic route is through your bank or payment provider. Our Scam Recovery service ($97) prepares a formal written demand to your bank setting out what happened and what you’re asking it to do, and the AFCA complaint if the bank says no.

Start a scam recovery request – $97

How to check an online store before you buy

Scamwatch’s checks, in short: look up the ABN on ABN Lookup and see if it matches the business; check that the physical address exists; search the store name with the word “scam” or “review”; look for odd domain names (extra dashes, misspelt brands); and, for a .com.au site, check who registered it through the Australian Domain Authority. The ACCC adds that you’re better placed if the store shows a phone number, a physical address and clear returns steps. Keep copies of the listing, the order and every email.

What you can claim from an online store

• A full refund of everything you paid, including delivery charges, if the goods never arrived or a major failure applies.
• A replacement of the same type, if you’d rather have that.
• Return postage you paid to send back a faulty or wrongly described item.
• Foreseeable loss caused by the failure, such as the extra cost of buying a replacement urgently elsewhere when the store knew the date mattered. For a breach of s 36 you can also claim loss caused by the breach (s 236).

Example (round numbers, for illustration only): you order a $600 pram from an online store that promises delivery “within 5 business days”. Five weeks later it hasn’t arrived and emails go unanswered. You can demand a full refund of $600 plus the $20 delivery fee, because the store didn’t supply within the period it specified (s 36(4)). At the same time you ask your card provider about a chargeback for $620. If the bank refunds you first, you write to the store to close the claim.

Evidence to gather

1. Screenshots of the product listing as it appeared when you bought it (description, photos, price, stated delivery time). Listings change, so capture them early, or use the version in your order confirmation.
2. The order confirmation, invoice and payment record (card statement, PayPal transaction ID).
3. The store’s legal name, ABN, address and website address. Check the ABN on ABN Lookup.
4. Tracking numbers and the courier’s tracking history.
5. Every email, chat transcript and message, with dates.
6. Photos and video of what arrived, including the packaging label, especially for a wrong or counterfeit item.
7. Postage receipts for any return.
8. Your chargeback or PayPal case number and the provider’s decision.
9. For a suspected scam: the website address, social media page, payment details you were given, and your Scamwatch report.

How to get your money back: 5 steps

Step 1: Tell the store in writing what went wrong and what you want

Email or use the store’s contact form, and save a copy. State the order number, the date, what was promised (the delivery date or the description), what actually happened, and what you want: a refund to your card, or a replacement by a specific date. Give a short deadline, such as 5 business days. On the same day, contact your bank or open a PayPal dispute if the money is at risk. For help with wording, see how to write a letter of demand. Problems with other kinds of business are covered in our get your money back hub.

Step 2: No answer, a refusal or a runaround? Send a formal demand

Our Consumer Guarantee Letter sets out the store’s obligations under ss 36, 54 and 56 of the ACL, the amount and a 14-day deadline. It’s the letter a tribunal expects to see, and it’s useful evidence for your bank’s chargeback team too. If the dispute isn’t about delivery or a faulty product, the general Letter of Demand ($49) is a fallback.

Send a Consumer Guarantee Letter – $49

Step 3: Complain to Fair Trading in the store’s state

Australian online stores are registered somewhere: check the ABN record for the state. Complain to the consumer regulator there, attaching your letter. These services are free, but they can’t order the store to pay. You can also report the business to the ACCC, which uses reports to decide what to investigate. For an overseas store, the ACCC suggests contacting the consumer agency in that country.

• NSW: NSW Fair Trading, 13 32 20, online complaint form.
• VIC: Consumer Affairs Victoria, 1300 55 81 81, general complaint form.
• QLD: Office of Fair Trading, 13 QGOV (13 74 68), consumer complaint.
• ACT: Access Canberra, 13 22 81, get help with a consumer issue.
• NT: NT Consumer Affairs, 1800 019 319 or 08 8999 1999, conciliation request. It asks that you’ve tried a credit card chargeback first.
• WA: Consumer Protection, 1300 30 40 54, complaints.
• SA: Consumer and Business Services, 131 882, contact CBS.
• TAS: Consumer Affairs Tasmania, 1300 654 499, enquiry and complaint form.

Step 4: Still unpaid? Send the final demand

The final demand quotes your first letter, the store’s response (or silence), any Fair Trading reference and the outcome of your chargeback request, and says you’ll file without further notice. In South Australia, the courts say a final notice should be given and 21 days allowed before filing, or filing costs may not be recoverable.

Send the final demand – $49

Step 5: File at the tribunal or court in the store’s state

For an Australian online store, the claim goes to the tribunal or court in the state where the business is (table below). You’ll need its correct legal name and an address for service. The ABN record shows whether it’s a company and its state, and for a company NCAT and VCAT ask for an ASIC company search or extract. Online-store claims tend to turn on documents: the listing, the order, the promised date and the messages. Our Hearing Bundle ($97) puts them in order if the store defends. In WA, SA and Tasmania the same product prepares your Magistrates Court claim.

Prepare your tribunal application – $97

Where your claim goes in each state

The forum is in the state where the online business is based, not where you live.

Sellers who are individuals in another state. Some small online stores are run by sole traders. If the seller is an individual who lives in a different state from you, NCAT can’t decide the claim because of the High Court’s decision in Burns v Corbett [2018] HCA 15, and it goes to the Local or District Court instead. The rule doesn’t apply if either party is a company. VCAT also says it can’t hear some cases where a party lives in another state. The ABN record shows whether the seller is a company or an individual.

Time limits: NCAT says to apply within 3 years of when the problem began; VCAT says generally within six years. A chargeback has much shorter limits, so start that first.

After you win: getting paid

If an Australian online store ignores a tribunal or court order, the order can be enforced. In most states it is registered or filed with the court and enforced as a judgment, through a garnishee order on the business’s bank account, seizure and sale of stock or property, or an examination where the owner must disclose its finances. Against a store with no assets or presence in Australia, enforcement is much harder, which is another reason to pursue the chargeback early.

Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.

Enforce your order – $97

Enforce your order – $97

Questions people ask

My online order never arrived. Can I get a refund?

Yes. A business that accepts payment must supply within the time it specified or, if none, within a reasonable time (ACL s 36(4)). If it doesn’t, ask for a refund in writing and contact your bank or PayPal at the same time. The narrow exception is a delay beyond the store’s control despite reasonable precautions, and even then the ACCC expects a fair solution.

How long does an online store have to deliver?

The period it told you before you paid, such as “ships in 2 days, delivered in 5 to 7 business days”. If it gave no period, a reasonable time, which depends on what you bought and where it ships from. A store that knew it couldn’t deliver on time when it took your money may have breached s 36(3).

Can I do a chargeback for an item that didn’t arrive?

Often, yes. The ACCC says your card provider may reverse a charge if you paid by credit card and didn’t receive the product, and Moneysmart says to contact your bank for a possible chargeback after card purchases that went wrong. Time limits apply, so contact your bank early. You can pursue the store at the same time.

Do overseas online stores have to follow Australian consumer law?

Yes, if they sell directly to consumers in Australia. The ACCC says they must follow the Australian Consumer Law, including the consumer guarantees, but getting a remedy can be hard in practice. You’re not covered if you used a forwarding address overseas. A chargeback or PayPal dispute is often the most practical route against an overseas seller.

The item looks nothing like the photos. What are my rights?

Goods must match their description and any sample or demonstration model shown (ACL ss 56-57). If the difference is significant, that’s a major failure and you choose a refund or a replacement, plus your return postage. Screenshot the listing before it changes, then send our Consumer Guarantee Letter ($49) if the store won’t agree.

Who pays return postage for a faulty item bought online?

The store, once it confirms the problem. The ACCC says you return products that can be posted, and the business must reimburse your reasonable return costs if the product has a fault. Keep the postage receipt. For change-of-mind returns, the store’s own policy decides who pays.

I bought on eBay or another marketplace. Who is responsible?

The seller, not the platform. The ACCC says your consumer guarantee rights apply to the seller you bought from. The platform may still help under its own policies, so contact it too. If the seller was a private individual and not a business, most consumer guarantees don’t apply.

How do I know if an online store is a scam?

Scamwatch’s warning signs include unbelievably low prices, no terms and conditions, ABN or privacy policy, and requests to pay by money order, pre-loaded card or several different PayIDs. Check the ABN on ABN Lookup, search the store’s name with “scam”, and confirm its physical address exists. Pay by credit card or PayPal, never by bank transfer.

I paid a fake online store. Can I get my money back?

Possibly, through your bank or payment provider, so contact them immediately and ask them to stop or reverse the transaction. Report the scam to Scamwatch and call IDCARE on 1800 595 160 if your details were taken. Our Scam Recovery service ($97) prepares a formal demand to your bank and, if needed, an AFCA complaint.

The store promised a refund but never paid it. What now?

Treat the written promise as evidence and set a deadline. Send a formal demand quoting the promise and the date, then lodge a complaint with Fair Trading in the store’s state, and file a claim if it still isn’t paid. If you paid by card, ask your bank whether a chargeback is still possible.

Can I return something I bought online because I changed my mind?

Only if the store’s policy allows it. There’s no legal right to a change-of-mind refund, online or in store. If the store advertises a returns policy, the ACCC says it must follow it. Read the policy before you buy, especially from overseas stores, where return postage can cost more than the item.

Sources

Checked 19 October 2026.

• Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), compilation 167: ss 18, 29, 36, 54, 56, 57, 64, 236, 259-263
• ACCC: Buying online
• ACCC: Not receiving products or services that are paid for
• ACCC: Consumer rights and guarantees
• ACCC: Repair, replace, refund, cancel
• Moneysmart: Online shopping safety
• Moneysmart: How to complain
• Scamwatch: Buying and selling scams
• Scamwatch: Report a scam
• PayPal Australia: Safety and security (Buyer Protection)
• NCAT: Federal jurisdiction
• NCAT fees, VCAT goods and services fees, QCAT fees, ACAT fees, NTCAT fees, WA Magistrates Court fees, SA Magistrates Court fees, Tasmanian Magistrates Court fees

Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.