My order is weeks late. Can I cancel and get a refund?
What to do when an online order is running weeks late: the deadline email to send, who answers for the courier and when you can cancel for a refund.
Usually, yes. Under the Australian Consumer Law a store must deliver within the timeframe it gave or a reasonable time, and Consumer Affairs Victoria says that if it still fails to supply, you're entitled to a refund. Card chargebacks must be claimed within 45 to 120 days of paying. If the store refuses, your bank, your state consumer agency or a tribunal decides.
Rather not chase this yourself?
Ajust writes to the business, tracks the deadline and escalates if they don't fix it.
Can you cancel a late order and get your money back?
Usually, yes. Section 36 of the Australian Consumer Law (ACL) says a business that accepts payment must supply the goods within the period it specified or, if it gave none, within a reasonable time. In practice, the delivery estimate you were shown when you paid is your starting point, and "reasonable" depends on what you bought and what you were told.
Consumer Affairs Victoria says that if an online order hasn't arrived in time, you can ask the seller for an explanation in writing, and if it still fails to supply, you are entitled to a refund of what you paid.
A late order doesn't always mean the store has broken the law. The NSW Government lists stock and manufacturing delays, customs holds, weather and peak periods such as Black Friday and Christmas as factors outside a business's control. Section 36 makes an exception for causes beyond the business's control, but only if it took reasonable precautions to avoid the delay.
The store, not the courier, has to sort out a parcel stuck with Australia Post or a courier company. Consumer Affairs Victoria says a seller that claims to have posted the product is responsible for resolving any issues with Australia Post or the courier it used.
| Your situation | What to do | What you can ask for |
|---|---|---|
| Past the estimate and still not shipped | Ask the store in writing for an explanation and a firm delivery date | A refund if it still fails to supply |
| Shipped, but tracking has stalled with Australia Post, Aramex or DHL | Claim from the store, not the courier | The store must resolve it with its courier, or refund you if it can't supply |
| The store offers a different item instead | Accept only if you want it | If you agree to a substitute, the original delivery rule in section 36 no longer applies |
| Bought on eBay and paid at eBay checkout | Report that the item hasn't arrived within 30 days of the estimated delivery date | A full refund including postage under the eBay Money Back Guarantee |
Retailers publish their own timeframes, which tell you what to expect. Kmart says to allow up to 48 hours for it to prepare your order, then usually 3 to 5 business days for metro delivery, 7 to 10 regional and 14 to 20 remote. It asks you to allow up to 48 hours past the estimated date before chasing. David Jones aims to dispatch within 1 to 2 business days, then deliver in 2 to 5 business days in metro areas and up to 7 for Western Australia, regional and remote addresses.
Ajust has handled over 100 cases about online orders running late.
- In these cases, the typical amount at stake is about $120.
- When Ajust secured a confirmed result in one of these cases, it typically took about 6 days.
- In Ajust's cases, the goods often arrived 1–2 days after a formal demand.
If the seller arranged delivery, it's responsible for your order until it reaches you, so a lost order is the seller's to fix.
What should you do first?
Give the store a firm date in writing: deliver by then, or refund you.
Step 1: Find the estimate and the day you paid
Screenshot the delivery estimate from your order confirmation or checkout page, and note any emails moving the date. Note the day you paid and how, because a card chargeback has a time limit that runs from the payment.
Step 2: Send a "deliver by or refund" email
Use a channel that gives you a written record. Ajust's recommended channels:
- Kmart: email to customerenquiry@support.kmart.com.au.
- Big W: email to bigwcontactus@bigw.com.au.
- David Jones: email to contactus@davidjones.com.au. Its live chat was unreliable in Ajust's cases, and the phone line only runs limited hours.
- Other stores: whichever channel gives you a written record and a reference number, usually email or the contact form.
Subject: Late order [order number]: deliver by [date] or refund
Hello,
On [date] I placed order [order number] for [items] and paid $[amount] by [card / PayPal / Afterpay]. Your [order confirmation / website] gave an estimated delivery of [estimate]. It is now [number] days past that estimate and [the order has not shipped / tracking has not updated since [date]].
Under section 36 of the Australian Consumer Law, a business that accepts payment must supply the goods within the period it specified or, if none was specified, within a reasonable time. If the parcel is with Australia Post or your courier, resolving that is your responsibility as the seller.
Please deliver the order by [date, 5 to 7 days from today] and send me tracking that shows it will arrive by then. [I need it by [date] for [a birthday / an event].] If it cannot be delivered by that date, please cancel the order and refund $[amount] to my original payment method. I do not accept a substitute item or store credit.
If I do not receive the order or a refund by [date], I will ask my [bank / payment provider] to reverse the payment and lodge a complaint with [NSW Fair Trading / Consumer Affairs Victoria / your state agency].
Regards,
[Your name]
[Phone]
Step 3: Cancel in writing if the date passes
If your deadline passes, reply to the same thread: say you are cancelling because the goods were not supplied in time and ask for the refund to your original payment method. Then go to your bank or payment provider without waiting for an answer.
What if the store won't refund you?
Go to whoever took your payment first, because they can reverse it without the store's agreement. If the store is a real Australian business, your state consumer agency and tribunal are next.
| Where | What it does | Time limit |
|---|---|---|
| Card chargeback through your bank | Reverses a card payment for goods not received, or not received within the agreed timeframe | 45 to 120 days from the transaction date, depending on your card provider |
| eBay Money Back Guarantee | If the seller hasn't responded or resolved it after 3 business days, eBay steps in and replies within 48 hours | Report within 30 days of the estimated delivery date; eBay closes inactive reports after 21 business days |
| State consumer agency (NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading) | Contacts the store to try to reach an agreement. NSW Fair Trading aims to resolve most complaints within 30 days | None stated |
| Tribunal (NCAT in NSW, VCAT in Victoria, QCAT in Queensland) | Hears the claim and can order the store to pay | NCAT: 3 years from when the problem arose, claims up to $100,000. QCAT: claims up to $25,000 |
A card chargeback must be claimed within 45 to 120 days of the transaction date, depending on your card provider. Consumer Affairs Victoria lists not receiving goods at all, or not within the agreed timeframe, as a common reason. Chargebacks aren't available for cash, money transfers, direct debit or BPAY.
If the store doesn't resolve it, it can be escalated to your state's consumer agency. Ajust handles the escalation for you, including the chargeback dispute with your bank.
Tell Ajust what happened and we do the heavy lifting for you. Emails, calls, escalations until it's resolved. While you get on with your life.
Get help from Ajust
What doesn't work
- Chasing Australia Post or the courier yourself. The store chose the courier, so it is the store's job to find the parcel or refund you.
- Ignoring a delay notice. Showpo's terms say that if it tells you about a delay and you don't cancel or change your order within 2 business days, you are taken to have accepted the delay. Reply in writing straight away.
- Saying yes to a substitute you don't want. Once you agree to a different item, the original delivery rule no longer covers that order.
- Waiting so long the chargeback window closes. The 45 to 120 days run from the day you paid, not from the missed delivery date.
- Running an eBay claim and a chargeback at the same time. eBay says it may close your Money Back Guarantee case if you also file a chargeback or payment provider claim for the same order.
Common questions
It's a gift for a date that's coming up. Can I cancel if it won't arrive in time?
If the store promised delivery by a date before you paid, that date is the period it specified, and missing it lets you ask for a refund. If it only gave an estimate, a reasonable time applies. Tell the store your deadline in writing now, and ask it to confirm delivery by then or cancel.
Tracking hasn't moved in a week. Should I contact Australia Post or the store?
The store. Consumer Affairs Victoria says the seller is responsible for resolving any issues with Australia Post or the courier it used. Ask the store in writing to find the parcel or send a replacement or refund by a set date. Kmart, for example, asks you to allow 48 hours past the estimate first.
The store says the delay is out of its control. Do I still get a refund?
Not automatically. The NSW Government says a business doesn't have to refund under the consumer guarantees when delivery is affected by things outside its control, though many offer a partial refund or credit. Ask the store what caused the delay and what it did to avoid it, in writing.
Can I cancel a late order before it ships?
Ask in writing straight away, before it ships. Showpo's terms, for example, let you cancel or pick another item when it tells you about a restocking delay. If a store won't cancel, Consumer Affairs Victoria says you're still entitled to a refund if it fails to supply within the timeframe it gave or a reasonable time.
I've chased the store for weeks and keep getting new dates. What now?
Stop accepting new dates over chat or phone. Set one firm date in writing, then cancel and go to your bank or payment provider when it passes. This is the point where most people hand it over: Ajust sends the written demand and runs the chargeback dispute for you.
- Consumer Affairs Victoria: Products missing or damaged in transit
- NSW Government: When you don't receive products or services you've paid for
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), section 36
- Consumer Affairs Victoria: Chargeback
- eBay Money Back Guarantee policy
- NCAT: Consumer claims
Still stuck? Let Ajust take it from here
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