You paid $340 for a pair of sneakers on a Sunday night. Tracking said “delivered” on Thursday. Nothing on the doorstep. Nothing with the neighbours. The seller replies three days later: “Please contact the courier.”
No. That is not how it works.
The seller is responsible until it reaches you
Under the Australian Consumer Law, a business that sells you goods must actually give them to you. Not to a courier. Not to “somewhere near your porch”. To you. If it never arrives, the seller has not delivered, and you are owed a refund or a replacement.
The key rules:
- Section 54 – goods must be of acceptable quality. Goods that never turn up are not acceptable anything.
- Section 60 – any service (including delivery they arranged) must be done with due care and skill.
- Section 267 – if they fail on these guarantees, you can claim your money back plus any loss caused by the failure.
The seller chose the courier. The seller’s contract is with the courier. You have never spoken to that courier in your life. You do not have to chase them.
The “delivered” scan means nothing
A courier tapping “delivered” on a handheld is not proof you received it. If there is no signature, no photo, or a photo of someone else’s front door, the seller has no evidence of delivery. Ask them for it. Watch them go quiet.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
What to do tonight
- Screenshot the order confirmation, the payment, and the tracking page.
- Email the seller once, in writing, saying the goods were not received and you want a full refund within 7 days.
- If they stall, dodge, or send you to the courier again, stop emailing. Send a Letter of Demand.
Why a Letter of Demand works
Online sellers get hundreds of “where’s my order” emails. They get very few formal letters citing sections 54, 60 and 267 with a deadline and a tribunal warning. The letter tells them you know the law, you are not going away, and the next step costs them more than the refund.
If they don’t, the letter is your first exhibit at the tribunal or court (NCAT, VCAT, QCAT, or the Magistrates Court in some states), where you don’t need a lawyer. Fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file.
Bonus: chargeback
If you paid by card, you can also ask your bank for a chargeback for “goods not received”. Do both. The letter of demand puts pressure on the seller. The chargeback puts pressure on their bank. One of them will move.
You do not have to just cop $340 because someone else’s delivery driver couldn’t find your house.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Consumer Guarantee Letter
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Consumer Guarantee Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Consumer Guarantee Letter from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=consumer-guarantee. Claim Done is not a law firm and does not give legal advice.
How much does a Consumer Guarantee Letter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Consumer Guarantee Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Consumer Guarantee Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.