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Paid online but nothing arrived? Your rights in Queensland
Paid online but nothing arrived? Your rights in Queensland
Online shopping
Waiting weeks for an online order that never arrives is frustrating, and chasing an unresponsive seller makes it worse. The good news is that the law does not treat silence as tough luck. You generally have layered options: demand a remedy from the seller, reverse the payment through your bank, escalate to a complaints body, or take a small claim. Work through them in order and most cases resolve1.
Step one: put the seller on notice in writing
Start with a short, firm email using the contact details from your order confirmation:
- Quote the order number, date and amount paid
- State that the goods have not been delivered
- Give a clear deadline, such as seven days, for delivery or a full refund2
- Attach screenshots of the listing and payment receipt
Written contact creates the paper trail every later step depends on. Avoid phone-only conversations where nothing is recorded. If the seller replies with endless delay tactics, respond once more, then stop engaging and escalate.
What counts as an unreasonable delay
There is no single statutory deadline for delivery of ordinary goods; what is reasonable depends on the circumstances:
- Any delivery date stated at checkout binds the seller; missing it is a breach
- Where no date was given, courts and tribunals ask whether the wait was reasonable for the product type and shipping method paid for
- Express postage that takes three weeks is very different from standard freight running late
- Seasonal peaks like Christmas can stretch acceptable timeframes modestly
Partial deliveries and wrong items raise related questions. If half your order arrived and the rest vanished, you are entitled to chase the balance or a proportionate refund. Wrong goods delivered are not goods delivered at all; keep the packaging, photograph everything, and run the same process.
Chargeback: reversing the payment
A chargeback asks your bank or card provider to reverse the transaction because the goods were never supplied. It is often the fastest route to money back.
Key points about chargebacks:
- Credit cards generally offer the strongest dispute rights under card scheme rules
- Debit cards vary by provider; many banks now handle non-delivery disputes, but protections differ
- PayPal and similar services run their own buyer protection processes with separate deadlines
- Time limits apply everywhere, so lodge the dispute as soon as it is clear delivery is not happening
Chargebacks are not automatic wins; the bank weighs the evidence from both sides. Your written record of chasing the seller is exactly what they want to see.
Buy-now-pay-later users should note that these platforms run their own dispute processes, and while your instalments continue, raising the dispute promptly usually pauses collection on the disputed amount. Check the provider’s terms rather than assuming.
Consumer guarantees still apply to online purchases
Goods sold to consumers in Australia carry automatic consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law)3. These cover matters such as acceptable quality, fitness for purpose and matching the description.
Where goods do arrive but are faulty, the guarantees drive your remedies. A major failure, dealt with under section 260, entitles you to reject the goods and seek a refund or replacement, with section 262 setting out how those remedies work. Delivery failures and significant delays sit alongside this framework: the seller has simply failed to perform the bargain at all, which strengthens rather than weakens your claim to a refund. Sellers cannot contract out of these guarantees, no matter what the website terms say. Shipping costs matter too; where a seller’s failure caused the problem, you should not be left wearing return freight or restocking fees invented on the spot.
Escalate: complaints bodies and small claims
If the seller stonewalls and your bank cannot help, there are still avenues:
- Queensland Office of Fair Trading – handles complaints against traders and mediates many disputes without cost
- ACCC – while it does not resolve individual cases, reporting patterns helps it act against repeat offenders
- QCAT – minor civil dispute jurisdiction covers claims up to $25,000, and legal costs rules keep the process accessible for self-represented shoppers
QCAT applications are straightforward: lodge the form with supporting documents, pay a modest filing fee, and serve the trader. Hearings are informal, and many matters resolve at or before the hearing once the trader realises the consumer has organised their evidence. Orders are enforceable, so a win converts into real recovery options.
When it is a scam, not just bad service
There is a line between a disorganised retailer and a fraudster. Warning signs include prices dramatically below market, brand-new websites with no contact details, requests to pay by bank transfer to personal accounts, and sellers who vanish immediately after payment. If those patterns appear:
- Report the transaction to your bank straight away; speed determines recovery prospects
- Report to Scamwatch and ReportCyber so patterns are tracked
- Preserve everything, including the website address, screenshots and payment records
- Do not accept offers to re-send goods for another payment
Money lost through outright fraud follows different recovery paths than ordinary consumer disputes, which is why identifying scam conduct early changes your strategy.
Unsure which path fits your situation? Contact Bell & Senior Lawyers for a free initial chat, and explore our consumer law practice, consumer resources and other FAQs .
Notes
Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
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Report conduct to the ACCC via its Scamwatch service where relevant. ↩︎
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ACCC, consumer guarantees guide https://www.accc.gov.au/consumers/buying-products-and-services/consumer-guarantees . ↩︎
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Competition and Consumer Act 2010 (Cth) sch 2 (‘Australian Consumer Law’) https://www.legislation.gov.au/Series/C2004A00109 . ↩︎